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State Foreclosure Resources

Both lenders and mortgagors (homeowners) have rights and responsibilities in the foreclosure process. For instance, many states allow for statutory redemption. This is when the mortgagor (property owner) has a limited period to buy back the property. For more information and resources, see FindLaw's Foreclosure section.

Besides state laws, there are also at least two areas of federal law that can affect your foreclosure prevention options:

  • Bankruptcy – When you're insolvent and file a court action to evidence the same, foreclosure may be stayed
  • Active duty under the Soldiers and Sailors Relief Act and the Servicemembers Civil Relief Act – Members of the military who are on active deployment may be able to delay foreclosure

Not only do foreclosure laws vary from state to state, they may be preempted by federal statutes. Also, local laws, especially in bigger cities, can affect the foreclosure process. There are also government programs that help borrowers struggling with foreclosure. For example, in the wake of the COVID-19 pandemic, the government created the Homeowner Assistance Fund (HAF). Another famous government program was MHA - Making Home Affordable.

For more helpful information, check out the following FindLaw foreclosure prevention resources:

In general, a foreclosure relief housing counselor may help. They may be able to delay or prevent a homeowner's foreclosure proceedings through:

The following is a state-by-state chart of foreclosure resources. For each state, we also list:

  1. The most common type of foreclosure, e.g., judicial foreclosure vs. non-judicial foreclosure (by power of sale) in that state
  2. Whether a reinstatement period is required, which gives a homeowner an opportunity to reinstate their mortgage loan by resuming payments
  3. Whether a post-sale redemption opportunity is required
  4. Whether a deficiency judgment is permitted
State  Foreclosure Information
Alabama
  • Avoiding Foreclosure: Alabama (U.S. Department of Housing and Urban Development)
  • Code of Alabama Section 6-5-247 et seq.; § 35-10-11 et seq.
  • Non-judicial foreclosure
  • No reinstatement opportunity required
  • Post-sale redemption opportunity required
  • Deficiency judgments permitted
Alaska
  • Avoiding Foreclosure: Alaska (U.S. Department of Housing and Urban Development)
  • Home Buyer Education Seminar (Alaska Housing Finance Corporation)
  • Alaska Statutes Section 09.35.140; § 34.20.070 et seq.
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment not allowed
Arizona
  • Avoiding Foreclosure: Arizona (U.S. Department of Housing and Urban Development)
  • Arizona Revised Statutes Section 33-801 et seq.
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment not allowed
Arkansas
  • Avoiding Foreclosure: Arkansas (U.S. Department of Housing and Urban Development)
  • Arkansas Code Section 18-50-101 et seq.
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
California
  • Avoiding Foreclosure: California (U.S. Department of Housing and Urban Development)
  • California Civil Code Section 2923.5; § 2923.6; § 2924; § 2924b; § 2924c; § 2924f; § 2924g
  • California Civil Procedure Code Section 580d
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment not allowed
Colorado
  • Avoiding Foreclosure: Colorado (U.S. Department of Housing and Urban Development)
  • Colorado Revised Statutes Section 38-38-100.3 et seq.
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Connecticut
Delaware
  • Avoiding Foreclosure: Delaware (U.S. Department of Housing and Urban Development)
  • 10 Delaware Code Section 5061 et seq.
  • Judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed
District of Columbia (Washington, D.C.)
  • Avoiding Foreclosure: D.C. (U.S. Department of Housing and Urban Development)
  • District of Columbia Code Section 42-815 et seq.
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Florida
  • Avoiding Foreclosure: Florida (U.S. Department of Housing and Urban Development)
  • Florida Statutes Section 45.031; § 95.11; § 702.06
  • Judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed
Georgia
  • Avoiding Foreclosure: Georgia (U.S. Department of Housing and Urban Development)
  • Georgia Code Section 9-13-140; § 9-13-161; § 13-1-11; § 44-14-160 et seq.
  • Non-judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Hawaii
  • Avoiding Foreclosure: Hawaii (U.S. Department of Housing and Urban Development)
  • Hawaii Revised Statutes Section 667-1 et seq.
  • Judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Idaho
  • Avoiding Foreclosure: Idaho (U.S. Department of Housing and Urban Development)
  • Idaho Code Section 45-1502 et seq.
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment is allowed
Illinois
  • Avoiding Foreclosure: Illinois (U.S. Department of Housing and Urban Development)
  • 735 Illinois Compiled Statutes Section 5/15-1501 et seq.
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed
Indiana
  • Avoiding Foreclosure: Indiana (U.S. Department of Housing and Urban Development)
  • Indiana Code Section 32-29-7-0.2 et seq.; § 32-30-10-0.2 et seq.; § 32-30-10.5-1 et seq.
  • Judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Iowa
  • Avoiding Foreclosure: Iowa (U.S. Department of Housing and Urban Development)
  • Iowa Code Section 626.75; § 628.1 et seq.; § 654.1 et seq.
  • Judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity depends on the circumstances of your case
  • Deficiency judgment depends on the circumstances of your case
Kansas
  • Avoiding Foreclosure: Kansas (U.S. Department of Housing and Urban Development)
  • Kansas Statutes Section 60-2401 et seq.
  • Judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed
Kentucky
  • Avoiding Foreclosure: Kentucky (U.S. Department of Housing and Urban Development)
  • Kentucky Revised Statutes Section 360.100; § 426.005; § 424.130; § 426.200; § 426.260; § 426.530; § 426.560
  • Judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity depends on the circumstances of your case
  • Deficiency judgment allowed
Louisiana
  • Avoiding Foreclosure: Louisiana (U.S. Department of Housing and Urban Development)
  • Louisiana Code of Civil Procedure Article 2631 et seq.
  • Louisiana Revised Statutes Section 3852
  • Judicial foreclosure
  • Reinstatement period not required
    Post-sale redemption opportunity not required
    Deficiency judgment allowed
Maine
  • Avoiding Foreclosure: Maine (U.S. Department of Housing and Urban Development)
  • 14 Maine Revised Statutes Section 6111; § 6321 et seq.
  • Judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Maryland
  • Avoiding Foreclosure: Maryland (U.S. Department of Housing and Urban Development)
  • Maryland Real Property Code Section 7-105.1 et seq.
  • Maryland Court Rule 14-305
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed
Massachusetts
  • Avoiding Foreclosure: Massachusetts (U.S. Department of Housing and Urban Development)
  • Massachusetts General Laws Chapter 244, Section 1 et seq.
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Michigan
  • Avoiding Foreclosure: Michigan (U.S. Department of Housing and Urban Development)
  • Michigan Compiled Laws Section 600.3201 et seq.
  • Non-judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed
Minnesota
  • Avoiding Foreclosure: Minnesota (U.S. Department of Housing and Urban Development)
  • Minnesota Statutes Section 47.20; § 580.01 et seq.; § 582.032; § 582.30
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity required
  • Deficiency judgment not allowed
Mississippi
  • Avoiding Foreclosure: Mississippi (U.S. Department of Housing and Urban Development)
  • Mississippi Code 15-1-23; § 89-1-55; § 89-1-59
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Missouri
  • Avoiding Foreclosure: Missouri (U.S. Department of Housing and Urban Development)
  • Missouri Revised Statutes Section 443.240; § 443.320; § 443.325; § 443.410; § 443.420
  • Non-judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed
Montana
  • Avoiding Foreclosure: Montana (U.S. Department of Housing and Urban Development)
  • Montana Code Section 71-1-301 et seq.
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment not allowed
Nebraska
  • Avoiding Foreclosure: Nebraska (U.S. Department of Housing and Urban Development)
  • Nebraska Revised Statutes Section 76-1001 et seq.
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Nevada
  • Avoiding Foreclosure: Nevada (U.S. Department of Housing and Urban Development)
  • Nevada Revised Statutes Section 40.430; § 40.455; § 40.459; § 107.0795 et seq.
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
New Hampshire
  • Avoiding Foreclosure: New Hampshire (U.S. Department of Housing and Urban Development)
  • New Hampshire Revised Statutes Section 479:18; § 479:25; § 508:6
  • Non-judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
New Jersey
  • Avoiding Foreclosure: New Jersey (U.S. Department of Housing and Urban Development)
  • New Jersey Revised Statutes Section 2A:50-1 et seq.
  • Judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed
New Mexico
  • Avoiding Foreclosure: New Mexico (U.S. Department of Housing and Urban Development)
  • New Mexico Statutes Section 39-5-1; § 39-5-17; § 39-5-18; § 39-5-19; § 58-21A-6
  • Judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed
New York 
  • Avoiding Foreclosure: New York (U.S. Department of Housing and Urban Development)
  • New York Real Property Actions and Proceedings Section 231; § 1301 et seq.
  • New York Civil Practice Law and Rules Section 3408
  • Judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
North Carolina
  • Avoiding Foreclosure: North Carolina (U.S. Department of Housing and Urban Development)
  • North Carolina General Statutes Section 45-21.1 et seq.; § 45-21.38; § 45-21.38A; § 45-100 et seq.
  • Non-judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity required
  • Deficiency judgment may be available depending on the circumstances of your case
North Dakota
  • Avoiding Foreclosure: North Dakota (U.S. Department of Housing and Urban Development)
  • North Dakota Century Code Section 28-23-04; § 32-19-01 et seq.
  • Judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity required
  • Deficiency judgment may be available depending on the
  • circumstances of your case
Ohio
  • Avoiding Foreclosure: Ohio (U.S. Department of Housing and Urban Development)
  • Ohio Revised Code Section 2329.17; § 2329.20; § 2329.26; § 2329.27; § 2329.33
  • Judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed
Oklahoma
  • Avoiding Foreclosure: Oklahoma (U.S. Department of Housing and Urban Development)
  • Oklahoma Statutes Section 12-686; § 12-764; § 42-18; § 46-43
  • Judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed
Oregon
  • Avoiding Foreclosure: Oregon (U.S. Department of Housing and Urban Development)
  • Oregon Revised Statutes Section 86.726 et seq.
  • Non-Judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment not allowed
Pennsylvania
  • Avoiding Foreclosure: Pennsylvania (U.S. Department of Housing and Urban Development)
  • Pennsylvania Rule of Civil Procedure 3129.2
  • Pennsylvania Statutes Title 35, Section 1680.403c; Title 35, Section 1680.403c; Title 35, Section 1680.409c
  • Pennsylvania Statutes Title 41, Section 403; Title 41, Section 404
  • Pennsylvania Statutes Title 42, Section 5522; Title 42, Section 8103
  • Judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Rhode Island
  • Avoiding Foreclosure: Rhode Island (U.S. Department of Housing and Urban Development)
  • Rhode Island General Laws Section 34-27-1 et seq.
  • Non-judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
South Carolina
  • Avoiding Foreclosure: South Carolina (U.S. Department of Housing and Urban Development)
  • South Carolina Code Section 15-29-10 et seq.; § 15-39-610 et seq.; § 29-3-610 et seq.
  • Judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
South Dakota
  • Avoiding Foreclosure: South Dakota (U.S. Department of Housing and Urban Development)
  • South Dakota Codified Laws Section 21-48-1 et seq.; § 21-48A-1 et seq.; § 21-52-11
  • Non-judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed
Tennessee
  • Avoiding Foreclosure: Tennessee (U.S. Department of Housing and Urban Development)
  • Tennessee Code Section 35-5-101 et seq.; § 45-20-104; § 66-8-101 et seq.
  • Non-judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed
Texas
  • Avoiding Foreclosure: Texas (U.S. Department of Housing and Urban Development)
  • Texas Property Code Section 51.002; § 51.003
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Utah
  • Avoiding Foreclosure: Utah (U.S. Department of Housing and Urban Development)
  • Utah Code Section 57-1-24 et seq.
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Vermont
  • Avoiding Foreclosure: Vermont (U.S. Department of Housing and Urban Development)
  • Vermont Statutes Title 12, Section 4931 et seq.
  • Judicial foreclosure
  • Reinstatement period may be required depending on the circumstances of your case
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed
Virginia
  • Avoiding Foreclosure: Virginia (U.S. Department of Housing and Urban Development)
  • Code of Virginia Section 8.01-241; § 55.1-321; § 55.1-322
  • Non-judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Washington
  • Avoiding Foreclosure: Washington (U.S. Department of Housing and Urban Development)
  • Revised Code of Washington Section 61.24.005 et seq.
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment not allowed
West Virginia
  • Avoiding Foreclosure: West Virginia (U.S. Department of Housing and Urban Development)
  • West Virginia Code Section 38-1-4; § 38-1-7; § 46A-2-106
  • Non-judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Wisconsin
  • Avoiding Foreclosure: Wisconsin (U.S. Department of Housing and Urban Development)
  • Wisconsin Statutes Section 815.31; § 846.01 et seq.
  • Judicial foreclosure
  • Reinstatement period required
  • Post-sale redemption opportunity not required
  • Deficiency judgment allowed
Wyoming
  • Avoiding Foreclosure: Wyoming (U.S. Department of Housing and Urban Development)
  • Wyoming Statutes Section 1-18-103; § 1-18-111; § 34-4-101 et seq.
  • Non-judicial foreclosure
  • Reinstatement period not required
  • Post-sale redemption opportunity required
  • Deficiency judgment allowed

Legal Services From a Foreclosure Lawyer

If you're struggling with your monthly mortgage payments, you're not alone. If you're not reaching a solution with your mortgage servicer, it's time for legal escalation. You can book a consultation with a real estate lawyer to explore your legal options. They can help explain your state's laws to you and find out which rules apply to your specific situation.

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