Nolo was born in 1971 as a publisher of self-help legal books. Guided by the motto “law for all,” our attorney authors and editors have been explaining the law to everyday people ever since. Learn more about our history and our editorial standards.
Each article that we publish has been written or reviewed by one of our editors, who together have over 100 years of experience practicing law. We strive to keep our information current as laws change. Learn more about our editorial standards.
If you're in foreclosure or about to become delinquent on mortgage payments, you should understand your state's foreclosure process and procedures. The foreclosure process is governed, in large part, by state law. In the chart below, you'll find state-by-state foreclosure laws, plus foreclosure information for the District of Columbia. You can also get links to articles with details about foreclosure procedures in your state by clicking on your state's name.
For each state and the District of Columbia, the foreclosure chart below provides the following information:
A foreclosure can be either:
In some states, foreclosures are always judicial. In other states, the foreclosure may be either judicial or nonjudicial; in those states, usually, one or the other is more commonly used. The chart below says which process is used most often in a particular state.
When a house is sold at a foreclosure sale for less than the amount of the outstanding mortgage debt, the difference between the total debt and the foreclosure sale price is called the "deficiency."
For example, say you owe $300,000 on your mortgage loan, and the home is sold at a foreclosure sale for $250,000. The deficiency is $50,000. Some states let the foreclosing party get a personal judgment (called a "deficiency judgment") against the borrower for this amount, while other states prohibit deficiency judgments under particular circumstances.
In the chart below, this column states whether a deficiency judgment is allowed during or after the most commonly used foreclosure procedure for that particular state.
Certain states give foreclosed homeowners a "redemption period" to buy back or "redeem" the property after a foreclosure. To redeem, depending on state law, you'll either have to reimburse the purchaser for the amount paid at the sale, plus allowable costs, or repay the total mortgage debt, plus interest and expenses.
The chart below shows whether a borrower gets a redemption period after the most commonly used foreclosure procedure in each state.
A "reinstatement" occurs when the borrower brings the delinquent loan current in one payment by paying the overdue payments plus fees and expenses incurred due to the default. Once the loan is reinstated, the borrower resumes making regular payments on the debt.
In a foreclosure, state law sometimes gives a borrower the right to reinstate up until a specific deadline. Even if state law doesn't give you the right to reinstate, your mortgage or deed of trust might provide this right. Or your lender might agree to let you reinstate the loan.
In the chart below, this column indicates whether state law provides a reinstatement right during the most commonly used foreclosure procedure for that particular state.
As you review the following chart, keep the following in mind.
The foreclosure information in the chart summarizes your state's laws. It gives only basic information about the key aspects of foreclosure law in the states and District of Columbia for the foreclosure process listed (nonjudicial or judicial). For more details about the process, read the state-specific articles covering foreclosure laws in your state (see links below).
Also, the information is intended for owners of single-family residences and it generally doesn't address special laws, such as those for agricultural land or the rights of tenants in foreclosed homes owned by landlords.â©
Laws change. Foreclosure laws and procedures are complex and subject to change by legislatures and to interpretation by courts.
The information likely discusses only your state's most common foreclosure method. For example, the chart could provide information about nonjudicial foreclosures for the states where that is the most common procedure, even though judicial foreclosures are also allowed.
You can do additional research or ask a lawyer to get more information. You should use this information as a starting point for additional research. To find out specific information about foreclosure laws in your state and how they apply to your particular situation, consult a local foreclosure attorney.
State
Common foreclosure process
Deficiency judgment allowed?
Redemption allowed after sale?
Reinstatement available under state law?