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The Mortgage Help Center connects homeowners with experienced professionals, including licensed attorneys, who assist with foreclosure prevention, loan review, and exploring legal and non-legal alternatives. Our team helps evaluate your options based on your specific situation. We are not affiliated with the government or your lender.

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Foreclosure Laws by State and U.S. Territory

Select your state or territory to view a summary of the foreclosure laws that apply to you, including the timeline and whether the process is judicial or administrative.

Alabama

Type of Foreclosure: Nonjudicial

Timeline: As little as 30–60 days after default

Summary: Alabama uses a nonjudicial foreclosure process. The lender must provide a notice of default and advertise the foreclosure sale for three consecutive weeks before selling the property at public auction. A limited right of redemption may be available.

Alaska

Type of Foreclosure: Nonjudicial (mostly)

Timeline: 90–120 days

Summary: Most Alaska foreclosures are nonjudicial. The trustee records a Notice of Default, followed by a 30-day period, then a Notice of Sale with at least 30 days before the auction. Judicial foreclosures are rare.

Arizona

Type of Foreclosure: Nonjudicial (Trustee Sale)

Timeline: At least 91 days after notice

Summary: Arizona uses nonjudicial foreclosures primarily. After the Notice of Trustee Sale is filed, a sale can occur after 90 days. No court action is required, and no redemption after sale.

Arkansas

Type of Foreclosure: Nonjudicial (mainly)

Timeline: 60–90 days

Summary: Arkansas generally uses a nonjudicial process if the mortgage has a power of sale clause. The process includes a 10-day cure period and a 30-day notice of default. The sale notice is published for four weeks.

California

Type of Foreclosure: Nonjudicial (majority)

Timeline: Around 120 days from default

Summary: California’s nonjudicial foreclosure begins with a Notice of Default, followed by a 90-day waiting period. A Notice of Sale is then issued and must be at least 20 days before the auction. No redemption right after sale.

Colorado

Type of Foreclosure: Nonjudicial (with court oversight)

Timeline: About 110–125 days

Summary: Colorado foreclosures are technically nonjudicial but require limited court involvement. The process begins with a Notice of Election and Demand and is followed by a Rule 120 hearing. A public trustee conducts the sale.

Connecticut

Type of Foreclosure: Judicial

Timeline: Typically 6–9 months

Summary: Connecticut uses a judicial foreclosure process. The lender must file a lawsuit and obtain a judgment from the court. The process may end with either a strict foreclosure or a foreclosure by sale, depending on the case.

Delaware

Type of Foreclosure: Judicial

Timeline: 6–12 months or longer

Summary: Delaware foreclosures require court action. The lender files a complaint, and if the borrower does not respond, the court may issue a default judgment. The property is sold at a sheriff’s sale.

Florida

Type of Foreclosure: Judicial

Timeline: 180–200+ days, sometimes over a year

Summary: Florida requires all foreclosures to go through the court system. The lender files a lawsuit, and the borrower has 20 days to respond. If the court rules in favor of the lender, a sale date is scheduled.

Georgia

Type of Foreclosure: Nonjudicial

Timeline: 37 days minimum

Summary: Georgia foreclosures are nonjudicial and can happen quickly. The lender must send a notice of default and advertise the sale in a local newspaper for four consecutive weeks. No court approval is required.

Hawaii

Type of Foreclosure: Judicial and Nonjudicial

Timeline: 6–12 months (judicial), 90–120 days (nonjudicial)

Summary: Hawaii permits both judicial and nonjudicial foreclosures. Nonjudicial foreclosures follow a Mortgage Foreclosure Dispute Resolution Program. Judicial foreclosures are more time-consuming and involve court proceedings.

Idaho

Type of Foreclosure: Nonjudicial (primarily)

Timeline: About 150 days

Summary: Idaho uses a nonjudicial process. The trustee records a Notice of Default and mails it to the borrower. A Notice of Sale is published for four weeks. Borrowers have 115 days to cure the default before sale.

Illinois

Type of Foreclosure: Judicial

Timeline: 8–12 months, potentially longer

Summary: Illinois uses a judicial foreclosure process. The lender files a lawsuit, and the court must approve the sale. Redemption rights exist for up to seven months after service or three months after judgment.

Indiana

Type of Foreclosure: Judicial

Timeline: 6–9 months on average

Summary: Foreclosure in Indiana must proceed through the courts. The process starts with a complaint and ends with a sheriff’s sale if the borrower cannot reinstate or redeem the mortgage.

Iowa

Type of Foreclosure: Judicial

Timeline: 6–12 months

Summary: Iowa uses a judicial foreclosure process, offering two options: with redemption (delays sale but allows a redemption period) and without redemption (faster but no redemption). Most foreclosures are with redemption.

Kansas

Type of Foreclosure: Judicial

Timeline: 6–12 months

Summary: Kansas requires judicial foreclosure. The process begins with the lender filing a lawsuit, and if the borrower does not respond or loses the case, the property is sold at a sheriff’s sale. A redemption period of up to 12 months may apply.

Kentucky

Type of Foreclosure: Judicial

Timeline: 6–9 months

Summary: Foreclosures in Kentucky proceed through the court system. The lender files a lawsuit, and after judgment, the property is sold at a commissioner’s sale. There is typically no right of redemption after the sale.

Louisiana

Type of Foreclosure: Judicial (usually executory process)

Timeline: 60–180 days

Summary: Louisiana foreclosures are generally handled through an expedited judicial process called executory process. If the mortgage includes a confession of judgment, the court can issue a writ of seizure and sale without full litigation.

Maine

Type of Foreclosure: Judicial

Timeline: 8–12 months

Summary: Maine uses a judicial foreclosure process. After filing a complaint, the lender must wait 20 days for a response. If the court issues a judgment, there’s a 90-day redemption period before the property can be sold.

Maryland

Type of Foreclosure: Nonjudicial (quasi-judicial)

Timeline: 90–120 days

Summary: Maryland foreclosures follow a quasi-judicial process. The lender must file an order to docket and provide proper notice to the borrower. Mediation is often available before the property is scheduled for sale.

Massachusetts

Type of Foreclosure: Nonjudicial

Timeline: 90–120 days

Summary: Massachusetts primarily uses a nonjudicial foreclosure process. Lenders must send a right-to-cure notice and publish notice of sale in a newspaper for three weeks. A court review is optional but not required.

Michigan

Type of Foreclosure: Nonjudicial

Timeline: About 120 days

Summary: Michigan uses a nonjudicial foreclosure by advertisement process. After a borrower defaults, notice is published and mailed. Redemption rights last six months after the sale for most properties.

Minnesota

Type of Foreclosure: Nonjudicial (mostly)

Timeline: 90–120 days

Summary: Minnesota primarily uses nonjudicial foreclosure with notice and publication requirements. Judicial foreclosures are available but less common. Borrowers generally have a six-month redemption period.

Mississippi

Type of Foreclosure: Nonjudicial

Timeline: 30–60 days

Summary: Mississippi foreclosures are typically nonjudicial. Lenders must provide a notice of default and publish a notice of sale for three consecutive weeks. There is no post-sale redemption right for the borrower.

Missouri

Type of Foreclosure: Nonjudicial (common), Judicial (possible)

Timeline: 60–90 days

Summary: Missouri usually uses nonjudicial foreclosure through a power of sale clause. Lenders must provide 20 days’ notice and publish sale information. Judicial foreclosure is an option but not typically used.

Montana

Type of Foreclosure: Nonjudicial (primarily)

Timeline: 120–150 days

Summary: Montana typically uses a nonjudicial foreclosure process via a trustee sale. Notice of default must be mailed and published. Judicial foreclosure is rare but allowed.

Nebraska

Type of Foreclosure: Nonjudicial

Timeline: 60–120 days

Summary: Nebraska follows a nonjudicial foreclosure process under a deed of trust. Notice of default and trustee sale must be given with sufficient publication time.

Nevada

Type of Foreclosure: Nonjudicial (most common)

Timeline: 120–180 days

Summary: Nevada uses nonjudicial foreclosure with a required Notice of Default and Election to Sell. Mediation is available for owner-occupied properties. Judicial foreclosure is rare.

New Hampshire

Type of Foreclosure: Nonjudicial

Timeline: 60–90 days

Summary: New Hampshire typically uses a nonjudicial process. Notice must be provided to the borrower at least 25 days before the sale and published in a newspaper for three weeks.

New Jersey

Type of Foreclosure: Judicial

Timeline: 9–15 months or more

Summary: New Jersey requires judicial foreclosure. The lender files a complaint in court, and a final judgment is needed before the sheriff’s sale can occur. The borrower may have a redemption period after sale.

New Mexico

Type of Foreclosure: Judicial

Timeline: 180–240 days

Summary: New Mexico uses a judicial foreclosure process. The lender must sue the borrower in court. If the court rules in favor of the lender, the property is sold at a sheriff’s sale. There is a short redemption period in some cases.

New York

Type of Foreclosure: Judicial

Timeline: 1–2 years or longer

Summary: Foreclosures in New York are judicial and can take a long time. The process includes mandatory settlement conferences and extensive court oversight before a judgment of foreclosure can be issued.

North Carolina

Type of Foreclosure: Nonjudicial (power of sale)

Timeline: 60–90 days

Summary: North Carolina uses a streamlined nonjudicial process where the clerk of court reviews the case. Notice requirements and a public auction follow if approved. Judicial foreclosure is rare.

North Dakota

Type of Foreclosure: Judicial

Timeline: 6–12 months

Summary: North Dakota mandates judicial foreclosure. The lender must file a lawsuit and obtain a court order before the property can be sold at a sheriff’s sale. Redemption periods vary.

Ohio

Type of Foreclosure: Judicial

Timeline: 6–12 months or longer

Summary: Ohio uses a judicial foreclosure process. After filing a lawsuit, the lender must obtain a judgment before proceeding to sale. Borrowers may have a short redemption period.

Oklahoma

Type of Foreclosure: Judicial

Timeline: 90–180 days

Summary: Oklahoma uses judicial foreclosure. Lenders must file a lawsuit, and the process includes a court judgment and a sheriff’s sale. Borrowers may redeem the property within a short time after the sale.

Oregon

Type of Foreclosure: Nonjudicial (most common)

Timeline: 120–180 days

Summary: Oregon generally uses nonjudicial foreclosure if the mortgage includes a power of sale clause. Lenders must provide proper notice and follow publication requirements. Judicial foreclosure is used if necessary.

Pennsylvania

Type of Foreclosure: Judicial

Timeline: 6–12 months or longer

Summary: Foreclosures in Pennsylvania require court involvement. The lender files a complaint, and the borrower has time to respond. If uncontested, the court grants a judgment and orders a sheriff’s sale.

Rhode Island

Type of Foreclosure: Nonjudicial (typically)

Timeline: 60–90 days

Summary: Rhode Island uses a nonjudicial foreclosure process under a power of sale clause. Notice must be provided to the borrower and published before the auction takes place.

South Carolina

Type of Foreclosure: Judicial

Timeline: 6–12 months

Summary: South Carolina requires a judicial foreclosure process. The lender must file a lawsuit and obtain a judgment. After the judgment, the property is sold through a court-supervised auction.

South Dakota

Type of Foreclosure: Judicial

Timeline: 6–12 months

Summary: South Dakota requires judicial foreclosure. Lenders must obtain a court judgment before selling the property through a sheriff’s sale. Some redemption rights may apply.

Tennessee

Type of Foreclosure: Nonjudicial (primarily)

Timeline: 60–90 days

Summary: Tennessee uses a nonjudicial process through a trustee’s sale. The lender must give 20 days’ notice and publish the sale. Judicial foreclosure is less common.

Texas

Type of Foreclosure: Nonjudicial

Timeline: As little as 41 days

Summary: Texas foreclosures are rapid and typically nonjudicial. The lender must give 20 days’ notice of default and 21 days’ notice of sale. Sales are held on the first Tuesday of the month.

Utah

Type of Foreclosure: Nonjudicial

Timeline: 120–150 days

Summary: Utah allows nonjudicial foreclosure if the deed includes a power of sale. After notice is posted and published, a trustee’s sale can proceed. No right of redemption post-sale.

Vermont

Type of Foreclosure: Judicial

Timeline: 8–12 months

Summary: Vermont foreclosures are judicial and can proceed with strict foreclosure or foreclosure by sale. A redemption period is available unless waived by the borrower in court.

Virginia

Type of Foreclosure: Nonjudicial

Timeline: 60–90 days

Summary: Virginia foreclosures are generally nonjudicial. A notice of default is followed by a notice of sale. The sale may proceed 14 days after notice. Judicial foreclosures are rare.

Washington

Type of Foreclosure: Nonjudicial (mostly)

Timeline: 120–180 days

Summary: Washington state uses a nonjudicial foreclosure process. The lender must serve a Notice of Default and provide ample time and mediation before a trustee’s sale is allowed.

West Virginia

Type of Foreclosure: Nonjudicial

Timeline: 60–90 days

Summary: West Virginia foreclosures are nonjudicial. The trustee provides notice and conducts the sale. No court involvement is typically required unless the borrower contests the action.

Wisconsin

Type of Foreclosure: Judicial

Timeline: 6–12 months

Summary: Wisconsin mandates judicial foreclosure. A court judgment is required, and the borrower may have up to a six-month redemption period following the judgment.

Wyoming

Type of Foreclosure: Nonjudicial

Timeline: 60–120 days

Summary: Wyoming allows nonjudicial foreclosure through advertisement and sale. The lender must publish a notice of sale for four consecutive weeks before auction.

Washington, D.C.

Type of Foreclosure: Nonjudicial (with mediation)

Timeline: 180–210 days

Summary: Foreclosures in the District of Columbia are nonjudicial but include a mandatory mediation process for residential properties. After mediation, the trustee sale can proceed with required notices and publication.

Puerto Rico

Type of Foreclosure: Judicial

Timeline: Varies widely, often over a year

Summary: Puerto Rico uses a judicial foreclosure process. Lenders must file a complaint in court. Delays are common due to court backlogs. Redemption rights may apply in some cases.

Guam

Type of Foreclosure: Judicial

Timeline: Several months to over a year

Summary: Guam requires judicial foreclosure. Lenders must obtain a judgment from the Superior Court of Guam before conducting a public auction. Legal notices are required before sale.

U.S. Virgin Islands

Type of Foreclosure: Judicial

Timeline: 6–12 months or more

Summary: The U.S. Virgin Islands require a judicial process for foreclosures. Lenders must file a complaint and obtain a judgment before the property can be sold at auction.

Northern Mariana Islands

Type of Foreclosure: Judicial

Timeline: Unspecified, varies by case

Summary: Foreclosures in the Northern Mariana Islands proceed through the court system. Limited data is available, but judicial process is required before sale.

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