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.
Arkansas
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
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