Foreclosure rules in the United States by state

Foreclosure is a state law process. How it runs depends on where the property is. This site has a process listing for ten states. Each listing names the process type, the notice steps and the redemption rule, with the official source. This guide is a summary, not legal advice. Rules change, so read the source named on each listing.

Non-judicial states let a trustee sell without a court case. The process runs on a statutory notice timeline.

In California the trustee records a notice of default and a notice of sale, then sells at public auction. There is no right of redemption after a non-judicial trustee's sale.

In Texas a trustee sells at the county-designated area on the first Tuesday of the month, after notice under the Texas Property Code. There is no redemption after a trustee's sale of a home mortgage. Delinquent-tax sales have a redemption period.

In Georgia the lender sends notice at least 30 days before the sale and advertises for four consecutive weeks in the legal newspaper. The sale is on the courthouse steps on the first Tuesday. There is no redemption.

In Arizona the trustee records a notice of trustee's sale and gives notice at least 90 days before the sale. There is no redemption after a trustee's sale.

In Washington the notice of sale is recorded at least 90 days before the sale, or 120 days when the extra pre-foreclosure letter applies. Homeowners may ask for mediation. There is no redemption after a non-judicial sale.

In Colorado the lender files with the county public trustee, who sets and conducts the sale. An owner may not redeem after the sale. Only lienholders may redeem.

Judicial states require the lender to file a lawsuit. A court must enter a judgment before the sale.

In New York the lender sends a 90-day notice and then sues in state supreme court. Eligible homeowners get a mandatory settlement conference. The state has no statutory right of redemption after the sale.

In Florida the lender files a complaint and the homeowner has 20 days to answer. After judgment the clerk sells the property, in most counties at an online auction. The borrower may redeem until the clerk files the certificate of sale, unless the court order or notice of sale sets a later time (Fla. Stat. sec. 45.0315).

In Illinois every foreclosure is a court case, and the sale needs court approval. The redemption period is generally the later of seven months after service or three months after judgment.

In Ohio the lender files a complaint and the owner has 28 days to answer. The sheriff appraises, advertises and sells the property. The owner may pay the judgment and redeem until the court confirms the sale.

Before you act. The foreclosure timeline tool on this site shows the process for these ten states. Its notice date is a floor, not a deadline you can rely on. Beware of foreclosure rescue scams. Never pay an upfront fee for help to save your home, and never sign your deed over to a stranger. A HUD-approved counselor or a foreclosure lawyer can explain the rules for your case.