Guide to Foreclosure Laws and Procedures By State

Learn about the foreclosure laws in your state

Written by David Teng, RealtyTrac contributor and

Reviewed by Peter RanckPublished May 7, 2024

Last updated Jun 3, 2024

Key Takeaways

States that use mortgages typically foreclose judicially, through the courts.
Deed-of-trust states usually use non-judicial foreclosure, which is generally faster and less costly.
Foreclosure timelines, notice rules and redemption periods vary by state.
Per the table, process periods range from 27 days in Texas to 445 days in New York.

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.

State	Judicial	Non-Judicial	Comment	Process Period**	Publish Sale**	Redemption Period**	Sale/NTS
Alabama	•	•	Judicial rarely	49-74	21	365	Trustee
Alaska	•	•	Judicial rarely	105	65	365*	Trustee
Arizona	•	•	Judicial rarely	90+	41	30-180*	Trustee
Arkansas	•	•	Both	70	30	365*	Trustee
California	•	•	Judicial rarely	117	21	365*	Trustee
Colorado	•	•	Judicial rarely	145	60	None	Trustee
Connecticut	•		Judicial only	62	NA	Court Decides	Court
Delaware	•		Judicial only	170-210	60-90	None	Sheriff
Florida	•		Judicial only	135	NA	None	Court
Georgia	•	•	Judicial rarely	37	32	None	Trustee
Hawaii	•	•	Both	220	60	None	Trustee
Idaho	•	•	Trustee Sale	150	45	365	Trustee
Illinois	•		Judicial only	300	NA	90	Court
Indiana	•		Judicial only	261	120	None	Sheriff
Iowa	•	•	Trustee Sale Voluntary	160	30	20	Sheriff
Kansas	•		Judicial only	130	21	365	Sheriff
Kentucky	•		Judicial only	147	NA	365	Court
Louisiana	•		Judicial only	180	NA	None	Sheriff
Maine	•		Judicial only	240	30	90	Court
Maryland	•		Judicial only	46	30	Court Decides	Court
Massachusetts	•		Judicial only	75	41	None	Court
Michigan		•	Non-Judicial only	60	30	30-365	Sheriff
Minnesota	•	•	Non-Judicial mostly	90-100	7	180	Sheriff
Mississippi	•	•	Non-Judicial mostly	90	30	None	Trustee
Missouri	•	•	Non-Judicial mostly	60	10	365	Trustee
Montana	•	•	Trustee Sale mostly	150	50	None	Trustee
Nebraska	•		Judicial only	142	NA	None	Sheriff
Nevada	•	•	Trustee Sale mostly	116	80	None	Trustee
New Hampshire		•	Non-Judicial only	59	24	None	Trustee
New Jersey	•		Judicial only	270	NA	10	Sheriff
New Mexico	•		Judicial only	180	NA	30-270	Court
New York	•		Judicial only	445	NA	None	Court
North Carolina	•	•	Non-Judicial mostly	110	25	None	Sheriff
North Dakota	•		Judicial only	150	NA	180-365	Sheriff
Ohio	•		Judicial only	217	NA	None	Sheriff
Oklahoma	•	•	Judicial mostly	186	NA	None	Sheriff
Oregon	•	•	Trustee Sale mostly	150	30	180	Trustee
Pennsylvania	•		Judicial only	270	NA	None	Sheriff
Rhode Island	•	•	Non-judicial mostly	62	21	None	Trustee
South Carolina	•		Judicial only	150	NA	None	Court
South Dakota	•	•	Judicial mostly	150	23	30-365	Sheriff
Tennessee		•	Non-judicial only	40-45	20-25	730	Trustee
Texas	•	•	Non-Judicial mostly	27	NA	None	Trustee
Utah		•	Non-Judicial Only	142	NA	Court Decides	Trustee
Vermont	•		Judicial only	95	NA	180-365	Court
Virginia	•	•	Trustee Sale mostly	45	14-28	None	Trustee
Washington	•	•	Trustee Sale mostly	135	90	None	Trustee
Washington D.C.		•	Trustee Sale only	47	18	None	Trustee
West Virginia		•	Trustee Sale only	60-90	30-60	None	Trustee
Wisconsin	•	•	Judicial mostly	290	NA	365	Sheriff
Wyoming	•	•	Non-judicial mostly	60	25	90-365	Sheriff

* Judicial Foreclosures Only
** In days

Frequently Asked Questions

What is the difference between judicial and non-judicial foreclosure?

Judicial foreclosure goes through the courts after a lender lawsuit. Non-judicial foreclosure uses the deed of trust's power-of-sale clause and is generally faster.

Which state has the longest foreclosure process?

In this table, New York has the longest estimated process period at 445 days.

Sources & References

Outside sources cited in this article.

How does foreclosure work?, Consumer Financial Protection Bureau
Mortgage key terms, Consumer Financial Protection Bureau

About the author: David Teng

RealtyTrac contributor

David Teng is a contributor to RealtyTrac who writes about foreclosures, home buying and housing market trends. He has written for RealtyTrac since 2023, covering state foreclosure and pre-foreclosure reports and guides to buying foreclosed homes.