Foreclosure by State
Whether foreclosure in a state is primarily judicial, primarily nonjudicial, or both — and the main statute that governs it.
State-by-state reference
Use this table as a starting point and read the current statute on the state legislature’s website. Statutes are amended frequently.
| State | Most common foreclosure process |
|---|---|
| Alabama | Nonjudicial Ala. Code § 35-10-11 et seq. |
| Alaska | Nonjudicial AS 34.20.070 et seq. |
| Arizona | Nonjudicial A.R.S. § 33-801 et seq. |
| Arkansas | Nonjudicial Ark. Code § 18-50-101 et seq. |
| California | Nonjudicial Cal. Civ. Code § 2923.5 et seq.; Cal. Civ. Proc. Code § 580d |
| Colorado | Nonjudicial C.R.S. § 38-38-100.3 et seq. |
| Connecticut | Judicial Conn. Gen. Stat. § 49-14 et seq. |
| Delaware | Judicial 10 Del. C. § 5061 et seq. |
| Florida | Judicial Fla. Stat. § 45.031; § 702.06 |
| Georgia | Nonjudicial O.C.G.A. § 44-14-160 et seq. |
| Hawaii | Judicial HRS § 667-1 et seq. |
| Idaho | Nonjudicial Idaho Code § 45-1502 et seq. |
| Illinois | Judicial 735 ILCS 5/15-1501 et seq. |
| Indiana | Judicial Ind. Code § 32-29-7-0.2 et seq.; § 32-30-10-0.2 et seq. |
| Iowa | Judicial Iowa Code § 654.1 et seq. |
| Kansas | Judicial K.S.A. § 60-2401 et seq. |
| Kentucky | Judicial KRS § 426.005; § 426.200 et seq. |
| Louisiana | Judicial La. Code Civ. Proc. art. 2631 et seq. (executory proceedings); La. R.S. 13:3852 |
| Maine | Judicial 14 M.R.S. § 6321 et seq. |
| Maryland | Nonjudicial Md. Code, Real Prop. § 7-105.1 et seq.; Md. Rule 14-305 |
| Massachusetts | Nonjudicial M.G.L. c. 244, § 1 et seq. |
| Michigan | Nonjudicial MCL § 600.3201 et seq. |
| Minnesota | Nonjudicial Minn. Stat. § 580.01 et seq. |
| Mississippi | Nonjudicial Miss. Code § 89-1-55 |
| Missouri | Nonjudicial RSMo § 443.240 et seq. |
| Montana | Nonjudicial Mont. Code § 71-1-301 et seq. (Small Tract Financing Act) |
| Nebraska | Nonjudicial Neb. Rev. Stat. § 76-1001 et seq. |
| Nevada | Nonjudicial NRS § 107.080 et seq. |
| New Hampshire | Nonjudicial RSA 479:25 |
| New Jersey | Judicial N.J.S.A. 2A:50-1 et seq. |
| New Mexico | Judicial N.M. Stat. § 39-5-1 et seq. |
| New York | Judicial RPAPL § 1301 et seq. |
| North Carolina | Nonjudicial N.C.G.S. § 45-21.1 et seq. |
| North Dakota | Judicial N.D.C.C. § 32-19-01 et seq. |
| Ohio | Judicial ORC § 2329.17 et seq. |
| Oklahoma | Judicial 12 O.S. § 686 (judicial); 46 O.S. § 43 (power of sale) |
| Oregon | Nonjudicial ORS § 86.726 et seq. |
| Pennsylvania | Judicial Pa.R.C.P. 3129.2; 42 Pa.C.S. § 8103 |
| Rhode Island | Nonjudicial R.I. Gen. Laws § 34-27-1 et seq. |
| South Carolina | Judicial S.C. Code § 15-39-610 et seq.; § 29-3-610 et seq. |
| South Dakota | Nonjudicial SDCL § 21-48-1 et seq.; § 21-48A-1 et seq. |
| Tennessee | Nonjudicial Tenn. Code § 35-5-101 et seq. |
| Texas | Nonjudicial Tex. Prop. Code § 51.002 |
| Utah | Nonjudicial Utah Code § 57-1-24 et seq. |
| Vermont | Judicial 12 V.S.A. § 4931 et seq. |
| Virginia | Nonjudicial Va. Code §§ 55.1-321, 55.1-322 |
| Washington | Nonjudicial RCW 61.24.005 et seq. |
| West Virginia | Nonjudicial W. Va. Code §§ 38-1-4, 38-1-7 |
| Wisconsin | Judicial Wis. Stat. § 846.01 et seq. |
| Wyoming | Nonjudicial Wyo. Stat. § 34-4-101 et seq. |
| District of Columbia | Nonjudicial D.C. Code § 42-815 et seq. |
The foreclosure column shows the most common process in each state; judicial foreclosure is available in every state. Statutes listed are the main provisions cited in state law surveys. Read the current statute on the state legislature website.
Judicial and nonjudicial foreclosure by state
Every state allows judicial foreclosure, where the lender files a lawsuit and the court orders the sale. In addition, many states allow nonjudicial foreclosure when the mortgage or deed of trust contains a power-of-sale clause. In those states, the sale follows the steps in the state statute instead of a court case. The table shows which process is most common in each state. For a full explanation, read our guides to judicial foreclosure and nonjudicial foreclosure.
What to look for in your state’s foreclosure statute
When you read the statute, look first at the notice rules. They tell you who must receive notice, how and how far ahead of the sale. Next, check whether the borrower has a right to cure the default or to redeem the property. Also look for the rules on deficiency judgments, which decide whether the lender can collect a shortfall after the sale. Some states also run foreclosure mediation programs. Finally, remember that federal servicing rules apply to most home loans in every state. See federal pre-foreclosure protections for those rules.
Researching foreclosure by state in your state
First, find the statute or rule that governs foreclosure by state where you live. State law controls most of these questions, so the answer can change from one state to the next. Next, read recent decisions from the appellate courts in your state. They show how judges apply the law today. Also, check the local rules of the court that would hear your case. Our state procedures guide links to each state’s official rules. In addition, the Research Center explains how to confirm a source is still good law.
Sources and further reading
Official sources used on this page:
Related reading on Lawtopolis:
Sources
Sources last reviewed: 2026-10-23
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.