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If you fail to make your mortgage payments, your lender or the subsequent loan owner, called an "investor," will likely start a foreclosure on your home. At the foreclosure sale, the property is sold to repay the lender the amount it loaned you.
Foreclosure works differently in different states. In some states, the lender will use a judicial procedure. In others, it can foreclose without going through the court system, using a "nonjudicial" foreclosure.
Look Out for Legal Changes
Be aware that laws change and differ from state to state, which can affect the foreclosure process. So, checking the laws in your state is always a good idea. The ways that courts interpret or apply the law can also change. And how the rules are applied, even within a state, can vary with time and by location. That's one reason to consider consulting an attorney if you're facing a foreclosure.
The chart below provides an overview of judicial and nonjudicial foreclosure processes and lists which states commonly use each process.
Judicial Foreclosure
Nonjudicial Foreclosure
States that predominantly use this type of foreclosure
Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, New Jersey, New Mexico*, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Vermont, and Wisconsin
Alabama, Alaska, Arizona, Arkansas, California, Colorado**, District of Columbia (sometimes), Georgia, Hawaii (judicial also common), Idaho, Maryland**, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wyoming
Process
Lender files a lawsuit in state court.
Lender follows specific state procedures. Generally, a notice is recorded and mailed to the borrower (though the requirements vary).
Notice provided
When the lender files the complaint in court, the borrower is served notice of the complaint in person, by mail, or by publication. Once the court issues a judgment, the lender may send a notice of sale.
In a nonjudicial foreclosure, the borrower might receive:
• a combined notice of default and sale
• a notice of sale stating that the property will be sold on a certain date, or
• notice by publication in a newspaper and posting on the property or in a public place.
Officials typically involved
Typical loan document
Timeline to complete a foreclosure
Availability of foreclosure mediation
Depends on the state
Depends on the state
Right to cure/reinstate
Depends on the state
Depends on the state
Redemption period following sale
Depends on the state
Depends on the state
Depends on the state
Depends on the state
*New Mexico's Deed of Trust Act was amended in 2006 to remove the prohibition on powers of sale in residential deeds of trust. As a result, a nonjudicial foreclosure process may be used for post-2006 residential loans, though the practice is not widespread.
**Nonjudicial with some court supervision.
To learn more about your state's most common foreclosure process, check our Summary of State Foreclosure Laws.