Foreclosure Laws and Procedures By State

Generally, states that use mortgages conduct judicial foreclosuresstates that use deeds of trust conduct nonjudicial foreclosures.

Compare all state foreclosure timelines on this simple one-page chart and click on any state name to read about detailed foreclosure procedures for that state.

Before continuing, please note that if you’re currently facing or potentially facing foreclosure, you probably have a handful of foreclosure questions. We have a Frequently Asked Questions section that can help.

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

The foreclosure process varies somewhat from state to state, and depends primarily on whether the state uses mortgages or deeds of trust for the purchase of real property. Generally, states that use mortgages conduct judicial foreclosures; states that use deeds of trust conduct non-judicial foreclosures. The principal difference between the two is that the judicial procedure requires court action on a foreclosed home.

To foreclose in accordance with the judicial procedure, a lender must prove that the mortgagor (borrower/homeowner) is in default. Once the lender has exhausted its attempts to resolve the default with the homeowner, the next step is to contact an attorney to pursue court action. The attorney contacts the mortgagor to try to resolve the default. If the mortgagor is unable to pay off the default, the attorney files a lis pendens (lawsuit pending) with the court. The lis pendens gives notice to the public that a pending action has been filed against the mortgagor. The purpose of the action is to provide evidence of a default and get the court’s approval to initiate foreclosure.

Non-judicial foreclosures are based on deeds of trust that contain the power of sale clause. The clause enables the trustee to initiate a mortgage foreclosure sale without having to go to court. The trustee is typically required to issue a notice of default and notify the trustor (borrower/homeowner) accordingly about the default status. If the trustor does not respond, the trustee then initiates the steps for conducting the mortgage foreclosure sale of the home.

The above table represents our current knowledge of which states use mortgages (judicial) or deeds of trust (non-judicial) or both. The table also includes estimated foreclosure timelines for each state. Please check with your local county government to verify this information.