FORECLOSURE LAW

Foreclosure Law varies by state. It is important to understand the laws that are specific to the state you reside in. The time it takes to go through the foreclosure process varies by state.

Some states may take less than a month to complete the entire process, while others can take more than a year.

There are tools in place in each state and if you decide to contest the foreclosure on your property, you may use them to delay or even stop the process.


There are 2 methods that are used to foreclose on a property:

Each method is very different from each other. Simply put, the JUDICIAL approach requires an attorney, hired by the lender, to file suit against the borrower for the default amount. If enough evidence is presented the attorney representing the lender will be granted the right to sell the property to recover the default amount and satisfy the loan amount. Any profit potentially made from the sale will also be forfeited by the borrower. In many states, this method of foreclosure is rare and not used.

The other more common way foreclosures are filed are though the NON-JUDICIAL foreclosure process. In this type of foreclosure law, the power of sale clause allows the foreclosure proceeding if included within the deeds of trust. The deeds of trust is the document recorded in the public record and usually contains many items that draw out the terms of your loan. The trustee, a third party entity, holds the power of sale and if the borrower defaults will permit the trustee to issue a notice of default which begins the foreclosure process.

Do your research

Although we are going to illustrate how each state handles foreclosures, be aware the information given is a set of general guidelines and understand many variables come in to place based on the actions you and/or your lender take. Yet, the manner in which the documents are filed and the timelines associated with their filings are not unpredictable and can be kept in mind while going through the foreclosure process.

Rules and regulations by state. 

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware 

District of Columbia 

Florida 

Georgia 

Hawaii 

Idaho Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts 

Michigan 

Minnesota 

Mississippi 

Missouri

Montana

Nebraska 

Nevada

New Hampshire 

New Jersey 

New Mexico 

New York 

North Carolina 

North Dakota 

Ohio 

Oklahoma 

Oregon 

Pennsylvania Rhode Island 

South Carolina 

South Dakota 

Tennessee 

Texas 

Utah 

Vermont 

Virginia 

Washington 

Washington D.C.

West Virginia 

Wisconsin 

Wyoming

Return from Foreclosure Law to Home page.

DISCLAIMER: LegalHandle.com provides internet content that is designed only to entertain and inform and is not to be considered professional law/legal advice. Consult a licensed attorney or law firm in your State of residence who will advise and answer all your questions and concerns about any legal issues you may have.

foreclosure law
Copyright © 2008-2017 LegalHandle.com - Foreclosure Law - All Rights Reserved.