Avoid Foreclosure: Know Your State's Foreclosure Law

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.

Know Your State's Foreclosure Law to Help Avoid Foreclosure

RealtyTrac has answers to the questions you may already have regarding stopping foreclosure on your home. State Foreclosures

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)

 

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