Residential Real Property Methods of Foreclosure: State Comparison Chart

by Practical Law Real Estate

A Reference Chart providing a state-by-state comparison of the legal frameworks governing residential real property foreclosure across all 50 states and the District of Columbia. This Reference Chart outlines the primary security instruments used, such as mortgages and deeds of trust, and details the key differences between judicial and non-judicial foreclosure methods. It addresses critical issues for lenders and borrowers, including state-specific requirements for establishing possession of original loan documents, the availability of deficiency judgments, and post-sale redemption rights. Furthermore, this resource examines various homeowner protection statutes, such as the California Homeowner Bill of Rights and the New Jersey Fair Foreclosure Act, highlighting how these laws impact the foreclosure process. This essential tool helps legal counsel, mortgage lenders, and borrowers navigate the complex and varied landscape of state foreclosure laws. We update this Chart semi-annually.