Foreclosure laws by state
Every state writes its own foreclosure rules, and the biggest difference is whether your mortgage company has to go through a court. In 21 states foreclosure usually goes through a court, in 29 it usually doesn't, and in Hawaii both are common. Your state's page has its steps, deadlines and rights, each with the law behind it.
Find your state's foreclosure laws
Each state name opens its page. The second column is the way foreclosure usually works there; the third is the share of the state's mortgages that were 90 days or more behind in September 2025, from the Consumer Financial Protection Bureau Source CFPB.
| State | How foreclosure usually works | Mortgages 90+ days behind, September 2025 |
|---|---|---|
| Alabama | Without a court | 0.9% |
| Alaska | Without a court | 0.6% |
| Arizona | Without a court | 0.6% |
| Arkansas | Without a court | 0.9% |
| California | Without a court | 0.5% |
| Colorado | Without a court | 0.6% |
| Connecticut | Through a court | 0.8% |
| Delaware | Through a court | 0.9% |
| District of Columbia | Without a court | 1% |
| Florida | Through a court | 1.1% |
| Georgia | Without a court | 1.1% |
| Hawaii | Both are common | 0.7% |
| Idaho | Without a court | 0.5% |
| Illinois | Through a court | 0.9% |
| Indiana | Through a court | 0.9% |
| Iowa | Through a court | 0.8% |
| Kansas | Through a court | 0.8% |
| Kentucky | Through a court | 0.9% |
| Louisiana | Through a court | 1.7% |
| Maine | Through a court | 0.8% |
| Maryland | Through a court | 0.9% |
| Massachusetts | Without a court | 0.5% |
| Michigan | Without a court | 0.7% |
| Minnesota | Without a court | 0.6% |
| Mississippi | Without a court | 1.4% |
| Missouri | Without a court | 0.7% |
| Montana | Without a court | 0.7% |
| Nebraska | Without a court | 0.6% |
| Nevada | Without a court | 0.7% |
| New Hampshire | Without a court | 0.4% |
| New Jersey | Through a court | 0.8% |
| New Mexico | Through a court | 0.9% |
| New York | Through a court | 0.9% |
| North Carolina | Without a court | 0.8% |
| North Dakota | Through a court | 0.7% |
| Ohio | Through a court | 0.9% |
| Oklahoma | Through a court | 1% |
| Oregon | Without a court | 0.5% |
| Pennsylvania | Through a court | 0.9% |
| Rhode Island | Without a court | 0.8% |
| South Carolina | Through a court | 1.1% |
| South Dakota | Without a court | 0.6% |
| Tennessee | Without a court | 0.8% |
| Texas | Without a court | 1% |
| Utah | Without a court | 0.6% |
| Vermont | Through a court | 0.7% |
| Virginia | Without a court | 0.7% |
| Washington | Without a court | 0.5% |
| West Virginia | Without a court | 1.1% |
| Wisconsin | Through a court | 0.4% |
| Wyoming | Without a court | 0.6% |
The CFPB's count leaves out loans already in foreclosure. Our state records were last checked state by state; each page shows its own date.
Which states foreclose through a court?
In a court state, the mortgage company has to sue you, and the case goes before a judge, where you can answer and raise defenses. In a no-court state, it can foreclose by sending the notices that state law and your mortgage papers allow, then holding a sale, often run by a trustee Source CFPB.
- Usually through a court (21): Connecticut, Delaware, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Vermont and Wisconsin.
- Usually without a court (29): Alabama, Alaska, Arizona, Arkansas, California, Colorado, District of Columbia, Georgia, Idaho, 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.
- Both are common (1): Hawaii.
"Usually" matters. Many states allow both ways, and the papers you signed can decide which one your mortgage company may use. Your state's page says which applies.
Do court states have more seriously late mortgages?
Yes, and they have since 2011. In September 2025, 0.9% of mortgages in the typical court state were 90 days or more behind, against 0.7% in the typical no-court state. The two ran about even through the housing crash: 3.7% and 3.6% in January 2010.
More mortgages are seriously behind in states that foreclose through a court
Share of mortgages 90 or more days behind, not counting loans already in foreclosure: the median of the 21 court states and of the 29 no-court states, monthly, January 2008 to September 2025.
We found the gap, not its cause. Court states also have more mortgages 30 to 89 days behind (1.8% against 1.4% in September 2025), so more people fall behind there in the first place. The CFPB's count leaves out loans already in foreclosure, and these are typical states, not every mortgage added up.
Other laws that can touch a foreclosure, by topic
These pages compare all the states on one question, with the statute and the official source for each row.
- State call recording laws: Whether one person or everyone on a call generally must agree to a recording, state by state.
- State foreclosure-rescue and mortgage-help laws: Rules that can govern companies offering mortgage-help or foreclosure-rescue services, state by state.
What else changes from state to state?
Almost everything after the first missed payment. Each of these has its own guide, with every state's answer:
- How long a foreclosure takes, step by step: foreclosure timelines by state.
- Whether you can buy the home back after the sale, meet with a mediator, or owe the leftover balance: your rights in foreclosure.
- How long you have to move out, and money left over from the sale: what happens after a foreclosure sale.
Questions about foreclosure laws by state
What is a judicial foreclosure state?
A state where foreclosure usually goes through a court: the mortgage company has to sue, and a judge oversees the case before the home is sold. By our records, 21 states usually foreclose that way. See the list.
Is California, Texas, Florida or New York a judicial foreclosure state?
California: usually without one; Texas: usually without one; Florida: usually through a court; New York: usually through a court. Each state's page has its steps and the law behind them.
What are non-recourse states?
States where the mortgage company can't go after you for the leftover balance when a foreclosure sale brings in less than you owed. The rule often depends on the kind of loan and the kind of sale. The guide to your rights in foreclosure shows the rule in every state.
Your state's rules
- 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
- West Virginia
- Wisconsin
- Wyoming
Protect yourself from scams
The FTC and CFPB describe these warning signs and the rules behind them:
- Upfront fees for promised relief are a warning sign. Under FTC mortgage-assistance rules, most companies that sell mortgage help cannot charge until a homeowner accepts a written offer from the mortgage company or lender. A separate FTC rule covers debt-relief companies that sell by phone and ties fees to a completed debt arrangement. It bars a fee until at least one debt has been settled or changed, the customer agrees to the arrangement, and the customer has made a payment under it. The FTC describes a narrow exception for lawyers who give help as part of the practice of law and are licensed in the state where the client or dwelling is. The lawyer follows that state's rules for attorneys, and advance fees are placed in a client trust account before services begin under state trust-account rules.
- HUD-approved foreclosure-prevention counseling is free. HUD’s national counselor line is 800-569-4287. The CFPB counselor finder lists agencies and their services. If an organization charges for help described as free HUD counseling, the CFPB finder can verify the agency and its listed services before any payment.
- A request to sign over a deed is a warning sign. The CFPB identifies title-transfer schemes among foreclosure-relief scams. Signing over title can mean losing ownership of the home; a lawyer can explain what a proposed document would do.
- Foreclosure protections depend on timing and the loan. Regulation X generally bars the first foreclosure notice or filing on a principal-residence loan until the borrower is more than 120 days behind, subject to exceptions. A complete assistance application can delay some foreclosure steps, but that depends on when it arrives; it does not necessarily stop every step. The CFPB warns about promises to “save” a home.
Free help with foreclosure
A HUD-approved housing counselor. A housing counselor works at a nonprofit approved by HUD, the federal housing department. Their foreclosure help is free, and they can help you talk to your mortgage company Source CFPB. To find one, call HUD at 800-569-4287, use the CFPB's counselor finder, or see our directory.
Legal aid. Legal aid offices give free legal help to people with low incomes, including help with foreclosure. Find yours at lsc.gov or in our directory.
Your state's rules decide most of what happens in a foreclosure, and the first one to know is whether it goes through a court. Your state's page lays out the rest, with the law behind each step.
Sources
- CFPB Mortgage Performance Trends, mortgages 90 or more days delinquent and 30 to 89 days delinquent, by state, monthly, through September 2025 (downloaded June 18, 2026), at consumerfinance.gov
- Consumer Financial Protection Bureau · How does foreclosure work? at consumerfinance.gov
- Consumer Financial Protection Bureau · What is a HUD-approved housing counselor? at consumerfinance.gov
We write with assistance from AI tools. Figures come from the data and sources named on this page.