The foreclosure law of the state in which the property is located controls how the foreclosure process is completed. Every state's foreclosure statute delineates the various time periods for each step involved in the entire foreclosure process from start to finish. So, the statute can be seen as a roadmap of sorts, assisting homeowners interested in figuring out how to stop the foreclosure of their home.
In some states the process is a legal one which is begun in a court of law with the filing of a document called a Lis Pendens (which literally means "a lawsuit pending"). This is known as "judicial" foreclosure.
In other states the process is begun "non-judicially" by the filing and recording of a Notice of Default with the county recorder's office by either the lender directly, or through a disinterested third party known as a "trustee."
The actual length of the foreclosure process varies from state to state depending again on the state's foreclosure statute. In some states it can take as little as three months, while in other states the entire process can drag out for as much as a year.
The links below are categorized as being either judicial or non-judicial foreclosure states. There are also some states that allow both types of foreclosure, although one may be preferred over the other. Those states are singled out as well.
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