Foreclosure Law by State

Foreclosure Law by State

State

Areas

Primary Method

Time
Frame

First
Document

Right to Cure

Redemption Period

Deficiency Judgment

Alabama

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.

yes

Alaska

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.

No

Arizona

Maricopa County,
Phoenix,

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.

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Arkansas

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.

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California

Anaheim,
Fresno,
Long Beach,
Los Angeles,
Orange County,
Riverside,
Sacramento,
San Diego,
San Francisco,
San Jose,
Santa Ana,

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.

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Colorado

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.

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Connecticut

Bridgeport,
Hartford,

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.

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Delaware

Judicial

250 days

Complaint Filed

No

Once the sale is confirmed by the court, no redemption.

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Florida

Miami,

Judicial

170 days

Complaint Filed

No

Up to the date the clerk files the certificate of sale.

Call for Detail

Georgia

Non-Judicial

80 days

Publication

Borrower can cure the default and reinstate up until the time of sale.

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Hawaii

Non-Judicial

140 days

Publication of Notice o Intent to Foreclose

No

None

Call for Detail

Idaho

Non-Judicial

190 days

Recording of the Notice of Default

Can cure within 115 days of the filing of Notice of Default and Sale.

Call for Detail

Illinois

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.

Yes

Indiana

Judicial

265 days

Complaint Filed

No

None after the sale.

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Iowa

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.

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Kansas

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.

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Kentucky

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.

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Louisiana

Judicial

220 days

Petition for Executory Process

No

No right of redemption

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Maine

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.

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Maryland

Baltimore,
Bethesda,

Judicial

85 days

Filing an Order to Docket

No

Equitable redemption is permitted.

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Massachusetts

Boston,

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.

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Michigan

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.

Call for Detail

Minnesota

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.

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Mississippi

Non-Judicial

130 days

Publication

Up to the date of the sale.

None.

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Missouri

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.

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Montana

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.

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Nebraska

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.

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Nevada

Las Vegas,

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.

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New Hampshire

Non-Judicial

110 days

Publication

No

Up to the time of sale, by paying the full amount due plus costs.

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New Jersey

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.

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New Mexico

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.

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New York

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.

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North Carolina

Charlotte,

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.

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North Dakota

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.

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Ohio

Judicial

265 days

Complaint Filed

No

Up to the confirmation of sale by paying the full amount of the judgment and costs.

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Oklahoma

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.

Call for Detail

Oregon

Non-Judicial

180 days

Recording of Notice of Default

Up to five days before the sale. Limits on costs for a residential mortgage.

Call for Detail

Pensylvania

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.

Call for Detail

Rhode Island

Non-Judicial

85 days

Publication

No

Up to three years after the sale by filing a lawsuit.

is obtainable.

South Carolina

Judicial

215 days

Complaint Filed

No

None after foreclosure.

Call for Detail

South Dakota

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'

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Tennessee

Non-Judicial

90 days

Publication

No

Up to two years.

Is obtainable.

Texas

Non-Judicial

90 days

Posting & Filing of Notice of Sale

Can cure within twenty days of the Notice of Default

No right of redemption

Call for Detail

US

0 days

No

Call for Detail

Utah

Provo,
Salt Lake City,
St. George,

Non-Judicial

165 days

Recording of Notice of Sale

Within three months of the filing of the Notice of Default

Is obtainable.

Vermont

Judicial

360 days

Complaint Filed

No

Six months from the date of judgment of foreclosure

Call for Detail

Virginia

Alexandria,
Arlington,
McLean,

Non-Judicial

60 days

Publication

No

No right of redemption for a nonjudicial foreclosure.

Is obtainable.

Washington

Non-Judicial

160 days

Recording of Notice of Default

Up to eleven days before the sale.

Call for Detail

Washington DC

0 days

No

Call for Detail

West Virginia

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.

Call for Detail

Wisconsin

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.

Call for Detail

Wyoming

Non-Judicial

100 days

Publication

No

Within three months from date of sale.

Call for Detail