Guide to Foreclosure Laws and Procedures By State

Buying a foreclosure home is perhaps not as straightforward as a home from the MLS, but every year investors and home owners who think outside the box use our foreclosure listings to find property gems that could otherwise be overlooked.

Now, depending on where you live in the country, the foreclosure process – the steps a property goes through before it is officially foreclosure – varies from state to state, influenced primarily by whether the state utilizes mortgages or deeds of trust for real property transactions.

In general, states that rely on mortgages typically conduct judicial foreclosures, which involve court proceedings. Conversely, states that use deeds of trust often carry out non-judicial foreclosures, which do not require court intervention. This fundamental difference—court involvement in judicial foreclosures—marks a significant procedural divergence between the two systems.

Let’s take a look two specific foreclosure types: judicial vs non-judicial.

Judicial vs. Non-Judicial Foreclosures: A Detailed Look

• Judicial Foreclosure: This process is initiated through the court system when a lender files a lawsuit against the borrower who has defaulted on a mortgage. The process can be lengthy and involves several steps, including legal filings, notifications, hearings, and, potentially, a public auction. Judicial foreclosures provide homeowners with a legal avenue to contest the foreclosure.
• Non-Judicial Foreclosure: In contrast, non-judicial foreclosures are executed outside of the court system, based on the power-of-sale clause in the deed of trust. This process is generally faster and less costly than judicial foreclosures. It involves the lender or a trustee taking steps to sell the property without court oversight but with specific notice requirements and waiting periods.

State-Specific Foreclosure Laws and Timelines

Each state in the U.S. has its own set of laws and regulations governing foreclosures. These laws define the procedures, notice requirements, redemption periods, and other critical aspects of the foreclosure process.

The timelines for foreclosure can vary significantly from one state to another, influenced by factors such as whether the foreclosure is judicial or non-judicial, state-specific legal requirements, and the efficiency of the court system in judicial foreclosures.

State Foreclosure Laws and Timelines

Our table below provides a snapshot of foreclosure processes across different states, categorizing them into judicial, non-judicial, or states that employ both methods.

Alongside this classification, the table offers estimated foreclosure timelines for each state, giving readers a quick reference to understand how long the process might take in different regions. We encourage users to consult their local county government for the most up-to-date and accurate information regarding foreclosure laws in their specific area.

For a deeper dive into the foreclosure laws of a specific state, our one-page chart offers an easy comparison of foreclosure timelines across the nation.

By clicking on any state name, you can access detailed information about the foreclosure procedures unique to that state, including any special requirements or noteworthy aspects of the process.

* Judicial Foreclosures Only
** In days

Further Reading

Below is a collection of articles to get you stared with securing your next real estate investment.

• The Benefits and Risks of Buying a Home at Auction
• 5 Essential Tips To Get Your Home Ready For Sale
• What to Know About Buying a Second Home
• 4 Tips on How To Buy a House Wholesale
• How To Assess Repair Costs in A Distressed Home