Foreclosure Laws in the USA By State

Though there are many similarities, the foreclosure process and associated foreclosure law varies from state to state. Foreclosure laws can be complex and much of the differences depend on whether the state uses mortgages or deeds of trust for the purchase of real estate. as a general rule of thumb, states that use mortgages will typically conduct judicial foreclosures, while states that use deeds of trust tend to conduct non-judicial foreclosures. The principal difference between the two is that a Judicial procedure requires court action on a foreclosed home, but a Non-Judical does not.

The table below will give you an idea of which states use mortgages (judicial) or deeds of trust (non-judicial) or both. The table also includes estimated timelines for total foreclosure time, Time from Notice of Trustee Sale to the actual foreclosure and Redemption times where applicable for each state. Note that laws change from time to time and at the time of the writing of this page the information was correct to the best of our knowledge. If you find a discrepancy or anything needing correction PLEASE do not hesitate to let us know by clicking here to Contact Us.

As always, it is best to consult an attorney and check with your local county government to verify this information.

* Redemption Periods marked with an asterisk are for Judical Foreclosures Only.