Foreclosure Law by State
State | Areas | Primary Method | Time | First | Right to Cure | Redemption Period | Deficiency Judgment |
Non-Judicial | 85 days | Publication | No | Within one year after foreclosure by paying the purchase price to the buyer plus interest and costs, but borrower loses the right to redeem unless he or she surrenders possession within ten days after foreclosure sale. | |||
Non-Judicial | 140 days | Recording of Notice of Default | Can cure any time before the sale, but the lender can refuse to accept payment if two prior Notices of Default and Sale have been recorded | No right of redemption after sale if a nonjudicial foreclosure. | |||
Non-Judicial | 125 days | Recording of Notice of Sale | For the power of sale foreclosure, up to 5:00 p.m. on the last day, other than a Saturday or legal holiday, before the sale date or the filing of an action to foreclose the trust deed. For a judicial foreclosure, up to twenty days after service of the Notice of Intent to Forfeit. | For a judicial foreclosure, can redeem judgment prior to the sale if the property is not abandoned. | |||
Non-Judicial | 130 days | Recording of Notice of Default | Up to the time of the sale. | If a judicial foreclosure, within one year by payment of the purchase price plus interest and the costs of the sale. Right of redemption may be waived in mortgage. | |||
Anaheim, | Non-Judicial | 135 days | Recording of Notice of Default | Can cure within five days before the sale. | None, if foreclosed by a power of sale and a deficiency judgment is waived or prohibited. Right of redemption if foreclosed by judicial procedure unless deficiency judgment is waived or prohibited. | ||
Non-Judicial | 130 days | Filing of Foreclosure Docs with Public Trustee | Up to noon of the day before the sale, but must give 15-day prior notice of intent to cure. | By lien holders only within specified periods. | |||
Judicial | 220 days | Delivery of Complaint to Sheriff | No | If the court orders foreclosure by sale, the redemption period is set by the court. An encumbrance can redeem. | |||
Judicial | 250 days | Complaint Filed | No | Once the sale is confirmed by the court, no redemption. | |||
Judicial | 170 days | Complaint Filed | No | Up to the date the clerk files the certificate of sale. | |||
Non-Judicial | 80 days | Publication | Borrower can cure the default and reinstate up until the time of sale. | ||||
Non-Judicial | 140 days | Publication of Notice o Intent to Foreclose | No | None | |||
Non-Judicial | 190 days | Recording of the Notice of Default | Can cure within 115 days of the filing of Notice of Default and Sale. | ||||
Judicial | 275 days | Complaint Filed | Can cure 90 days from the date of service of the complaint. | Generally, until the latter of seven months after service of complaint or three months after the entry of judgment of foreclosure. | |||
Judicial | 265 days | Complaint Filed | No | None after the sale. | |||
Judicial | 315 days | Complaint Filed | As to agricultural land, once in twelve months, up to forty-five days after the Notice of Default is given. As to nonagricultural land, the borrower has thirty days to cure the default. | Waived if an alternative procedure is used. One year if a judicial foreclosure. | |||
Judicial | 180 days | Petition Filed | No | An owner can redeem within twelve months of the sale or less if the property was abandoned, or three months if less than one-third of original debt has been paid; twelve months if all mortgages on property total less than one-third of market value of property for the amount paid by the purchaser and interest, costs, and taxes. The three month redemption period may be extended for another three months if owner loses primary source of income after foreclosure. | |||
Judicial | 265 days | Complaint Filed | Lenders must provide notice of default and right to cure thirty days prior to initiation of foreclosure for loans covered by Ky. Rev. Stat. Ann. ?360.100. | Within one year, if the sale does not bring at least two-thirds of the property's appraised value. To redeem, must pay original purchase money and ten percent interest. | |||
Judicial | 220 days | Petition for Executory Process | No | No right of redemption | |||
Judicial | 355 days | Complaint Filed | Within 30 days of notice of default. Amount required to cure can include reasonable attorney fees. | Within one year after the service of a foreclosure notice unless mortgage provides for a shorter period. | |||
Judicial | 85 days | Filing an Order to Docket | No | Equitable redemption is permitted. | |||
Judicial | 135 days | Filing Complaint Relative to Soldier's and Sailor's Relief Act | None | None after the sale if sold pursuant to power of sale in mortgage deed or if buyer in possession of land for three years. | |||
Non-Judicial | 75 days | Publication | No | Redemption periods are determined by the number of units, number of acres, and percentage of original loan outstanding and whether property is abandoned. | |||
Non-Judicial | 110 days | Publication | Borrower has the right to reinstate prior to foreclosure by bringing the loan current including foreclosure fees and costs. | Twelve months or six months, depending on date of mortgage, whether property is agricultural, and number of acres. | |||
Non-Judicial | 130 days | Publication | Up to the date of the sale. | None. | |||
Non-Judicial | 85 days | Publication | No | Foreclosure under a power of sale forecloses equity of redemption unless the lender is the purchaser. If the lender is the purchaser, can redeem up to one year after the sale if notice of intent to redeem is given within ten days before the sale, or at the sale if a bond is posted. | |||
Non-Judicial | 205 days | Recording of Notice of Sale | Under the Small Tract Financing Act, may cure at any time prior to the sale; applies to deeds of trust on property of less than forty acres. | One year after the sale by paying the amount of the purchase and costs. The mortgagor retains possession during the redemption period if the property is a home. | |||
Non-Judicial | 155 days | Filing of Notice of Default | Defendant can pay installments due while the suit is pending. Upon such payment, the petition shall be dismissed. If the defendant pays after the decree is issued, the decree remains in effect but is stayed and can be executed if the defendant defaults again. | Before the sale if confirmed. | |||
Non-Judicial | 155 days | Recording of Notice of Default | 35 days from recording and mailing to grantor and owner of Notice of Default. | None for nonjudicial foreclosures. | |||
Non-Judicial | 110 days | Publication | No | Up to the time of sale, by paying the full amount due plus costs. | |||
Judicial | 300 days | Complaint Filed | Up to date of final judgment by tendering amount due before default, perform any obligations necessary, pay costs, and contractual late charges. May reinstate only once in 18 months. Final judgment of foreclosure of residential mortgage may be delayed if debtor certifies that there is a reasonable likelihood that debtor will be able to provide payment necessary to cure the default within 45 days. | Six months after the entry of judgment. | |||
Judicial | 250 days | Complaint Filed | No | Within nine months of the sale by paying the purchaser the purchase price and ten percent interest, or by paying same amount into the court. The redemption period may be shortened by parties to not less than one month. | |||
Judicial | 280 days | Complaint Filed | Can pay the amount due into the court any time before the final judgment and the case will be dismissed; after judgment, but before the sale, the proceedings shall be stayed upon payment of arrearages. | None after the sale. | |||
Non-Judicial | 120 days | Notice of Hearing | No | By payment in full, plus expenses of sale or proposed sale, before sale or within ten days thereafter. | |||
Judicial | 190 days | Complaint Filed | After judgment but before the sale, the defendant can bring into court the amount due and the proceedings will be stayed, but the court can enforce the judgment if the defendant subsequently defaults in payments. Can cure default within thirty days of notice of intent to foreclose. | Within 60 days, but one year for agricultural land. The period of redemption begins at the time of the filing of the foreclosure action or at the time of first publication of the foreclosure notice. | |||
Judicial | 265 days | Complaint Filed | No | Up to the confirmation of sale by paying the full amount of the judgment and costs. | |||
Judicial | 250 days | Petition Filed | If a power of sale is used, can cure within thirty-five days of notice of intent to foreclose, but not more than three times in twenty-four months. | Up to the confirmation of sale. | |||
Non-Judicial | 180 days | Recording of Notice of Default | Up to five days before the sale. Limits on costs for a residential mortgage. | ||||
Judicial | 300 days | Complaint Filed | Up to one hour before the bidding but not more than three times in one year, by paying the amount due and costs. | None after the sale. | |||
Non-Judicial | 85 days | Publication | No | Up to three years after the sale by filing a lawsuit. | |||
Judicial | 215 days | Complaint Filed | No | None after foreclosure. | |||
Judicial | 205 days | Complaint Filed | No | None after a power of sale foreclosure. But see ?? 21-49-11 to 21-49-40 for 'Short Term Redemption Mortgages' | |||
Non-Judicial | 90 days | Publication | No | Up to two years. | |||
Non-Judicial | 90 days | Posting & Filing of Notice of Sale | Can cure within twenty days of the Notice of Default | No right of redemption | |||
0 days | No | ||||||
Non-Judicial | 165 days | Recording of Notice of Sale | Within three months of the filing of the Notice of Default | ||||
Judicial | 360 days | Complaint Filed | No | Six months from the date of judgment of foreclosure | |||
Non-Judicial | 60 days | Publication | No | No right of redemption for a nonjudicial foreclosure. | |||
Non-Judicial | 160 days | Recording of Notice of Default | Up to eleven days before the sale. | ||||
0 days | No | ||||||
Non-Judicial | 145 days | Publication | For ten days after the notice of right to cure is served; the notice of right to cure can be served five days after the default. No right to cure if in default and notice is served three or more times. | None if the sale is confirmed. | |||
Judicial | 310 days | Complaint Filed | Can cure by bringing the amount due into the court before judgment and the case will be dismissed. After judgment, can bring amount due into the court and the proceedings will be stayed, but the court may enforce judgment upon subsequent default. | Can redeem any time before the sale. | |||
Non-Judicial | 100 days | Publication | No | Within three months from date of sale. |
