Foreclosure Laws and Procedures By State

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 which 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.

The table below represents our current knowledge of which states use mortgages (judicial) or deeds of trust (non-judicial) or both, as well as helpful information regarding other foreclosure procedures particular to each state. Click on a State highlighted in Blue to access complete state foreclosure law information.

Please check with your local county office to verify the accuracy of this information.