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 state that allow both types of
foreclosure, although one may be preferred over the other. Those states are
singled out as well.
Judicial Foreclosure States
|
Non-Judicial Foreclosure States
|
Connecticut
Delaware
Florida
Illinois
Indiana
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Nebraska
New Jersey
New Mexico
New York
North Dakota
Ohio
Pennsylvania
South Carolina
Vermont
|
Washington D.C.
Michigan
New Hampshire
Tennessee
Utah
West Virginia |
States allowing both Judicial &
Non-Judicial foreclosure (varying degrees)
|
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Georgia
Hawaii
Idaho
Iowa
Minnesota
Mississippi
Missouri
Montana
Nevada
North Carolina
Oklahoma
Oregon
Rhode Island
South Dakota
Texas
Virginia
Washington
Wisconsin
Wyoming |
(Non-Judicial more common)
(Judicial allowed as last alternative)
(Non-Judicial more common)
(Both used equally)
(Non-Judicial more common)
(Non-Judicial more common)
(Non-Judicial more common)
(Both used equally)
(Trustee sale more common)
(Trustee sale voluntary)
(Non-Judicial more common)
(Non-Judicial more common)
(Non-Judicial more common)
(Trustee sale more common)
(Trustee sale more common)
(Non-Judicial more common)
(Judicial more common)
(Trustee sale more common)
(Non-Judicial more common)
(Judicial more common)
(Non-Judicial more common)
(Trustee sale more common)
(Trustee sale more common)
(Judicial more common)
(Non-Judicial more common) |
|
Visit Foreclosure Center
Visit our Foreclosure Center to read more detailed information about foreclosures.