What Changes From State to State After a Foreclosure Sale

Alabama law lets a lender foreclose without a court case when the mortgage or deed of trust contains a power of sale. The sale is held at the courthouse door after notice is published once a week for three successive weeks in a county newspaper. A mortgage can also be foreclosed through a court.

Ala. Code §35-10-12 (power of sale, mortgages executed after Dec. 31, 1988); see also §35-10-13 (notice), §35-10-14 (place and time), §35-10-1 (older mortgages), §35-10-3 (court foreclosure option)

Yes. After a foreclosure sale the former owner (and certain others listed in the statute) may redeem the property within 180 days of the sale if it is residential property on which a homestead exemption was claimed in the tax year of the sale, or within one year of the sale for all other property.

Ala. Code §6-5-248(b)

Not yet verified. Tell us the county and the sale date and a specialist will check the current rule.

Alaska allows a trustee under a deed of trust to sell the property at public auction without a court order, after recording a notice of default not less than 90 days before the sale. A lender may instead foreclose through a court action, but a lender who forecloses in court may not also use the out-of-court trustee sale.

Alaska Stat. §34.20.070(a)-(b) (sale by trustee); §34.20.080 (public auction); Alaska Stat. §09.45.170 to §09.45.190 (court foreclosure)

After an out-of-court trustee sale under a deed of trust there is no right to redeem unless the deed of trust itself provides one. After a court foreclosure, the property may be redeemed the same way as property sold on execution: before the sale is confirmed, or otherwise only within 12 months from the order confirming the sale.

Alaska Stat. §34.20.090(a) (trustee sale); Alaska Stat. §09.45.190 and §09.35.250 (court foreclosure)

After a deed of trust sale, the trustee holds the sale proceeds in a trust account and pays them out in a set order: first the foreclosing lender, then holders of recorded interests that were junior to the foreclosed deed of trust in order of priority, and then the borrower (trustor) if still the owner at the time of sale, or otherwise the borrower's successor of record.

Alaska Stat. §34.20.080(a), (f)

Arizona deeds of trust give the trustee a power of sale, so the property can be sold at a trustee's sale without a court case; the sale may not be held before the 91st day after the notice of sale is recorded. At the lender's option a deed of trust may instead be foreclosed in court, the way a mortgage is.

A.R.S. §33-807(A), (D); court foreclosure under A.R.S. Title 33, Chapter 6 (§33-721 et seq., including §33-725)

After a trustee's sale under a deed of trust there is no right of redemption. After a court foreclosure sale, the former owner may redeem within six months after the sale, or within 30 days if the court found the property was abandoned and not used primarily for agricultural or grazing purposes.

A.R.S. §33-811(E) (trustee's sale); A.R.S. §12-1282(A)-(B) (court foreclosure sale)

After a trustee's sale the trustee applies the proceeds in a set order: sale costs, the foreclosed loan, association liens, junior lienholders by priority, and then the borrower (trustor) or, if the property was transferred before the sale, the owner of record at the time of sale. The trustee must mail the trustor a notice of any excess proceeds within 15 days of the sale. Instead of paying claimants directly, the trustee may deposit the balance with the county treasurer and file a civil action in superior court, where anyone with a recorded or other legal interest can file an application for distribution; the trustee must pay out or deposit within 90 days after the sale. After a court foreclosure, other liens are paid in order and the balance is paid to the mortgagor.

A.R.S. §33-812(A)-(D), (G), (J), (K); court foreclosure: A.R.S. §33-727(B)

Arkansas has an out-of-court process called statutory foreclosure: a power of sale is implied in every properly acknowledged and recorded mortgage, and the trustee or mortgagee may sell the property at public auction once at least 60 days have passed after a notice of default and intention to sell is recorded. The statutory process does not take away the lender's right to foreclose through a court case instead.

Ark. Code §18-50-115(a); §18-50-104(a); §18-50-107; §18-50-116(a) (Statutory Foreclosure Act); court foreclosure: Ark. Code §18-49-101 et seq.

After a statutory (out-of-court) foreclosure sale there is no right to redeem. After a foreclosure sale ordered by a court, the mortgagor or the mortgagor's heirs or legal representatives may redeem within one year from the date of sale, unless the right of redemption was waived in the mortgage or deed of trust.

Ark. Code §18-50-108(b) (statutory foreclosure); Ark. Code §18-49-106 (court foreclosure)

After a statutory (out-of-court) foreclosure sale, the trustee or mortgagee who held the sale applies the proceeds in this order: the expenses of the sale, the debt owed, holders of later recorded liens in order of priority, and then any surplus to the grantor (the borrower) or the grantor's successor in interest.

Ark. Code §18-50-109

California allows foreclosure without a court case when the deed of trust or mortgage contains a power of sale: a notice of default is recorded, at least three months must pass, and a notice of sale is then given before the trustee's sale. A lender may instead file a court action to foreclose (judicial foreclosure).

Cal. Civ. Code §2924(a)(1)-(3) (power of sale); Cal. Code Civ. Proc. §725a (court foreclosure)

California's redemption statute applies to court-ordered (judicial) foreclosure sales where the judgment allows a deficiency: the property may be redeemed within three months after the sale if the sale proceeds were enough to pay the secured debt with interest and costs, or within one year if they were not. It provides no redemption period after an ordinary trustee's sale under a power of sale; the one out-of-court sale it covers is a homeowners association's foreclosure for unpaid assessments, which can be redeemed within 90 days after the sale.

Cal. Code Civ. Proc. §729.010(a), §729.030, §729.035; Cal. Civ. Code §5715(b)

After a trustee's sale the trustee holds any money left once the sale costs and the foreclosed loan are paid. Within 30 days after the trustee's deed is signed, the trustee must mail a notice to everyone with a recorded interest in the property, and it then pays claims in order: junior lienholders by priority, then the former owner (the trustor, or the owner of record at the time of the sale if the property had been transferred). If the trustee cannot resolve competing claims it may deposit the money with the clerk of the superior court in the county of the sale, or file an interpleader action, and the court distributes it; a deposit of $35,000 or less is handled as a limited civil case.

Cal. Civ. Code §2924j(a)-(e); Cal. Civ. Code §2924k(a)

In Colorado a deed of trust is foreclosed through the county public trustee, and the lender must first get a court order authorizing the sale. The statute also covers foreclosures carried out through a court case, where the sheriff conducts the sale.

C.R.S. § 38-38-105(2)(a); C.R.S. § 38-38-100.3(13), (17); C.R.S. § 38-38-101(1)

Colorado's foreclosure statute gives the right to redeem after the sale to junior lienholders who file a notice of intent to redeem, generally within eight business days after the sale. Its redemption part does not list the former owner as a person who may redeem after a deed of trust foreclosure sale; the owner's right under the statute is to cure the default before the sale. In a foreclosure of a homeowners' association lien, the unit owner is treated as an alternate lienor who may redeem.

C.R.S. § 38-38-302(1); C.R.S. § 38-38-501(1); C.R.S. § 38-38-305.5(1)(a)(I); C.R.S. § 38-38-104(1)

After a public trustee sale, the overbid is paid to the public trustee and held in escrow until all redemption periods end. It is then paid, in order of recording priority, to junior lienholders who filed a notice of intent to redeem, and whatever remains is paid to the borrower. When the sheriff sells the property, all of the sale proceeds are deposited into the registry of the court.

C.R.S. § 38-38-111(1), (2), (3)(a)(I)

Connecticut foreclosures are court cases. The court can enter a strict foreclosure, where title passes to the lender without any sale, or, on the written motion of any party and at the court's discretion, it can order a foreclosure by sale instead.

Conn. Gen. Stat. § 49-24; Conn. Gen. Stat. § 49-15 (strict foreclosure judgments)

Connecticut's mortgage foreclosure statutes do not set a redemption period that runs after a foreclosure sale. In a foreclosure by sale the statute refers to the property being redeemed at any time before the court approves the sale. In a strict foreclosure the court sets law days, and once title has become absolute in the lender the judgment generally cannot be opened.

Conn. Gen. Stat. § 49-25; Conn. Gen. Stat. § 49-15(a)(1), (b); Conn. Gen. Stat. § 49-26

Sale proceeds exist only when the court orders a foreclosure by sale. The proceeds are brought into the Superior Court, and after the sale is approved the court enters a supplemental judgment that names who is paid and how much. The Judicial Branch's standing orders tell owners who did not appear in the case to check with the Clerk of the Court after the sale to learn if any money is distributable to them.

Conn. Gen. Stat. § 49-27; Connecticut Judicial Branch, Foreclosure by Sale Standing Orders, form JD-CV-79 (Rev. 7-25), paragraphs 2, 20 and 23

Delaware mortgage foreclosures are court cases. The lender files in the Superior Court of the county where the property is located for a writ of scire facias on the mortgage, and after judgment the sheriff sells the property at a public sale that must be confirmed before a deed is given.

10 Del. C. § 5061(a); 10 Del. C. § 5063; 10 Del. C. § 5065

Delaware's mortgage foreclosure statute does not give the former owner a redemption period after the sheriff's sale. Once the sale is confirmed and the property is conveyed, the buyer holds it discharged from the equity of redemption. Tax sales are different: the owner can redeem within 60 days after the court approves a monition sale, or within one year after a Kent or Sussex County tax collector's sale.

10 Del. C. § 5066; 10 Del. C. § 5065; 9 Del. C. § 8729; 9 Del. C. § 8776

Any surplus from the sheriff's sale of mortgaged property, after the mortgage debt, interest and costs are paid, must be turned over to the person who owned the property at the time of the sale. When the sheriff cannot pay the money over, for example because the person entitled to it is unknown or out of state, it is paid into the Superior Court. The court holds unclaimed excess proceeds through its Prothonotary, publishes lists of them by county under its Project Rightful Owner program, and pays them out on a petition filed with the court.

10 Del. C. § 5067; 10 Del. C. § 4986; Delaware Superior Court, Project Rightful Owner (official court page)

D.C. law allows both kinds of foreclosure. A lender can sell a home under the power of sale in a deed of trust without a court case, but only after giving the borrower written notice of the intention to foreclose, with a copy sent to the Mayor at least 30 days before the sale, and, for a residential mortgage, obtaining a mediation certificate. A lender can also file a foreclosure case in D.C. Superior Court, where the judge can order the property sold.

D.C. Code § 42-815(b), (c); D.C. Code § 42-816

Not yet verified. Tell us the county and the sale date and a specialist will check the current rule.

In a court foreclosure, the judge can order the property sold and the proceeds brought into court, where they are applied to the mortgage debt. We did not find a D.C. statute that says who holds any surplus, or how it is paid out, after a sale made under a power of sale without a court case; the D.C. Code's statutory mortgage form has the lender keep the unpaid debt and the sale costs from the proceeds and pay the surplus, if any, to the borrower.

D.C. Code § 42-816; D.C. Code § 42-601 (form of mortgage, with or without power of sale)

Florida mortgages are foreclosed through a court case. Under the standard judicial sale procedure, the final judgment directs the clerk of the court to sell the property at a public sale, not less than 20 or more than 35 days after the judgment unless the plaintiff agrees to a later date.

Fla. Stat. § 702.01; Fla. Stat. § 45.031(1)(a)

Florida gives no redemption period after the foreclosure sale is complete. The borrower, or the holder of a subordinate interest, can stop the foreclosure by paying the amount specified in the judgment at any time before the later of the clerk's filing of the certificate of sale or the time stated in the judgment. The statute says that otherwise there is no right of redemption.

Fla. Stat. § 45.0315

The clerk of the court holds the surplus after a foreclosure sale until the court orders it paid out. The law presumes that the owner of record on the date the lis pendens was filed is entitled to the surplus, after subordinate lienholders who filed timely claims are paid. If the owner of record claims it before the clerk reports it as unclaimed and there is no subordinate lienholder, the court orders the clerk to deduct service charges and pay the rest to the owner; if anyone else claims an interest, the court holds an evidentiary hearing.

Fla. Stat. § 45.032(2), (3)(a)-(b); Fla. Stat. § 45.031(7)

Georgia law lets a lender sell a home without a court case, under a power of sale in the security deed or mortgage, as long as the sale is advertised and held like a sheriff's sale and the required notice is given. A mortgage can also be foreclosed by petition in the superior court.

O.C.G.A. § 44-14-162(a) (power of sale); O.C.G.A. § 44-14-180 (court foreclosure of mortgages)

Not yet verified. Tell us the county and the sale date and a specialist will check the current rule.

When a mortgage is foreclosed through the court, the statute says the sale money goes first to the foreclosing lender and any lien with legal priority, and any surplus is paid to the mortgagor (the borrower) or the borrower's agent. We did not find a Georgia statute that names who holds surplus after a sale made without a court case under a power of sale.

O.C.G.A. § 44-14-190

Hawaii has two foreclosure routes. A lender can foreclose by action in the circuit court, where the court enters a judgment of foreclosure. The statutes also provide a power of sale process, without a court case, as an alternative to foreclosure by action.

Haw. Rev. Stat. § 667-1.5 (foreclosure by action); Haw. Rev. Stat. § 667-21 (power of sale process)

Hawaii's foreclosure chapter does not list a redemption period after a mortgage foreclosure sale. In a power of sale foreclosure, once the sale affidavit and the conveyance document are recorded (10 to 45 days after the public sale), everyone claiming through the borrower is barred from any right or claim to the property, except as otherwise provided by law. Tax sales are different: in Honolulu the taxpayer may redeem within one year of the tax sale (Revised Ordinances of Honolulu § 8-5.6).

Haw. Rev. Stat. § 667-33(a), (b)

In a power of sale (non-court) foreclosure, the foreclosing lender distributes the sale proceeds. Liens and the foreclosure costs are paid in order of priority, and any surplus left after all valid lien creditors are paid goes to the mortgagor (the borrower). In a foreclosure by court action, creditors are paid by lien priority and the remainder, if any, is paid over to the owner of the mortgaged property.

Haw. Rev. Stat. § 667-31(b) (power of sale); Haw. Rev. Stat. §§ 667-3, 667-10 (foreclosure by action)

An Idaho deed of trust gives the trustee a power of sale, so it can be foreclosed by advertisement and sale without a court case. The lender may instead choose to foreclose in court, which is the way a mortgage on real property is foreclosed.

Idaho Code § 45-1503(1); Idaho Code § 6-101(1)

It depends on the type of foreclosure. After a trustee's sale under a deed of trust there is no right to redeem the property from the purchaser. After a court foreclosure sale the property can be redeemed within one year if the tract is more than 20 acres, or within six months if it is 20 acres or less.

Idaho Code § 45-1508; Idaho Code § 6-101(1); Idaho Code § 11-402

After a trustee's sale under a deed of trust, the trustee applies the proceeds in a set order: sale expenses, the debt secured by the trust deed, recorded junior liens, and then the surplus, if any, to the grantor (the borrower) or the grantor's successor in interest. In a court foreclosure, the court may order surplus money paid to the person entitled to it and may have it deposited in court in the meantime.

Idaho Code § 45-1507; Idaho Code § 6-102

Illinois mortgage foreclosures go through the court. State law does not allow a home to be sold under a power of sale clause; a mortgage can only be foreclosed under the Illinois Mortgage Foreclosure Law.

735 ILCS 5/15-1405

In Illinois the normal redemption period runs before the sale: for a home it ends 7 months after the borrowers are served or 3 months after the foreclosure judgment, whichever is later (the court can shorten it in some cases, such as abandoned property). After the sale there is only a limited special right to redeem residential real estate. It applies when the buyer at the sale was the foreclosing lender (or its nominee) and the sale price was less than the full redemption amount, and it lasts until 30 days after the court confirms the sale.

735 ILCS 5/15-1604(a); 735 ILCS 5/15-1603(b)(1)

Sale proceeds are applied in a set order: sale expenses, the lender's allowed costs, and then the claims in the priority order set by the foreclosure judgment or the order confirming the sale. Any surplus is held by the person the court appointed to conduct the sale until the court orders otherwise. That person must send written notice of the amount of the surplus to all parties to the case, and a party needs a court order to have it distributed.

735 ILCS 5/15-1512(d)

Indiana mortgage foreclosures go through the court. A mortgage cannot give the lender the power to sell the property on its own; the lender must file a foreclosure case in the county where the real estate is located, and the property is sold at a sheriff's sale under the court's judgment.

Ind. Code § 32-29-1-3; Ind. Code § 32-30-10-3(a)

No. An owner can redeem before the sheriff's sale by paying the judgment, interest and costs, but Indiana law says every mortgage foreclosure sheriff's sale is made without a right of redemption afterwards. Tax sales are different: most tax sale property can be redeemed for one year after the sale.

Ind. Code § 32-29-7-9(b); Ind. Code § 32-29-7-7; Ind. Code § 32-29-7-13; Ind. Code § 6-1.1-25-4(a)

The sheriff pays out the sale proceeds in the order set by statute: sale expenses first, then the mortgage debt, interest and costs. If the sale brings in more than those amounts, the surplus must be paid to the clerk of the court, and the court directs its transfer to the mortgage debtor, the debtor's heirs, or other persons assigned by the mortgage debtor.

Ind. Code § 32-30-10-14; Ind. Code § 32-29-7-9(b)

Iowa mortgages and deeds of trust are foreclosed by a court action, followed by a sheriff's sale under a special execution. Two non-court procedures also exist, but neither involves a public sale: a voluntary procedure that needs the homeowner's written agreement (Iowa Code §654.18), and a notice procedure under Iowa Code chapter 655A, which by its own terms does not apply to agricultural land or to a one or two family dwelling occupied by its owner when the foreclosure starts.

Iowa Code §654.1; §654.5; §654.18; §655A.3; §655A.9

Yes, in most court foreclosures. The general rule lets the debtor redeem within one year from the day of the sheriff's sale and stay in possession meanwhile. For property under ten acres, the mortgage may shorten this to six months, or to three months for nonagricultural property, if the lender waives any deficiency judgment, and to 60 days if the court finds the property abandoned. Shorter periods also apply to nonagricultural property that is not the debtor's one- or two-family residence. If the lender elects foreclosure without redemption on nonagricultural property, there is no right of redemption after the sale.

Iowa Code §628.3; §628.26; §628.27; §628.28; §654.20

If the sheriff's sale brings more than the mortgage debt and costs and there is no other lien on the property, the overplus must be paid to the mortgagor. Other liens are paid in their order first, and if lienholders claim the overplus the sheriff pays it to the clerk of the district court, where it is applied as the court orders.

Iowa Code §654.7; §654.9; §626.82

Kansas mortgage foreclosures are handled as district court cases. After judgment the sheriff sells the property under an execution or order of sale, after public notice published once a week for three consecutive weeks, then reports the sale to the court, and the court confirms it before a certificate of purchase or deed is issued.

K.S.A. 60-2410; K.S.A. 60-2415

Yes. The general rule gives the defendant owner 12 months from the day of the sheriff's sale to redeem, with the right to possession in the meantime. The court must set a three-month period if the default happened before one third of the original debt was paid, and it may shorten or end the period if it finds the property abandoned or not occupied in good faith. For property other than agricultural land or an owner-occupied one or two family home, the mortgage itself may shorten or waive redemption.

K.S.A. 60-2414(a), (m)

We found no Kansas statute that spells out who receives surplus from a mortgage foreclosure sale. As described by the Shawnee County Sheriff's Office, a third-party buyer's certified check is made payable to and deposited with the Clerk of the District Court, and the clerk then waits for a disbursement order from the court before paying the money out.

Shawnee County (Kansas) Sheriff's Office, Property Sales page; see also K.S.A. 60-2415

In Kentucky a mortgage is enforced through a court action. The court enters a judgment ordering the property sold, the property is appraised, and it is sold at a public, advertised sale made under the court's order, normally by the circuit court's master commissioner.

KRS 426.005; KRS 426.525; KRS 426.700; KRS 426.560

Only in one situation. If the court-ordered sale brings less than two-thirds of the property's appraised value, the defendant may redeem within six months from the day of sale by paying the purchase price plus 10% yearly interest and the buyer's reasonable costs. The redemption money is paid to the clerk of the court that ordered the sale. The statute grants no redemption right when the sale brings two-thirds or more of the appraised value.

KRS 426.530

Sale money from a court-ordered sale is held by the master commissioner in an escrow account and must be paid out as the court orders, so any surplus is distributed by order of the circuit court in the foreclosure case. When a property that cannot be divided sells for more than the debt, the statute tells the court to make proper orders for distributing the proceeds. For sales under an execution, the officer must pay any excess to the defendant whose property was sold.

KRS 426.685(2); KRS 426.500(2); Ky. Administrative Office of the Courts, Master Commissioner Accounting Policies and Procedures Manual (Version 10, effective Jan. 1, 2025) §100.14

Louisiana mortgages are enforced through the courts, by ordinary or executory proceedings. In an executory proceeding the lender relies on a mortgage signed as an authentic act containing a confession of judgment to obtain a writ of seizure and sale without first suing to judgment; the sheriff then seizes the property, serves a notice of seizure, advertises the sale and sells the property at a sheriff's sale. In an ordinary proceeding the lender must first obtain a judgment and then execute it.

La. C.C.P. arts. 3721, 3722, 3723, 2631, 2721, 2722; La. R.S. 13:3852

The Code of Civil Procedure provides no redemption period after a sheriff's sale in a mortgage foreclosure. The owner can prevent the sale at any time before the adjudication by paying the sheriff the debt with interest and costs. Once the property is adjudicated, the sale transfers all of the debtor's rights in the property to the purchaser.

La. C.C.P. art. 2371; La. C.C.P. art. 2340; La. C.C.P. art. 2724(A)

The sheriff who conducts the sale receives the price and distributes it. After deducting costs, the sheriff pays the seizing creditor first, then the inferior security interests, mortgages, liens and privileges on the property, and must pay whatever surplus remains to the debtor. The same rule applies to sales under a writ of seizure and sale in executory process.

La. C.C.P. art. 2373; La. C.C.P. art. 2724(A)

Maine home mortgages are foreclosed by a civil action in the Superior Court or District Court. If the court finds a breach, it enters a judgment of foreclosure and sale; after the redemption period ends, the lender (not a sheriff) publishes notice and holds a public sale. A non-court power of sale exists only for mortgages granted by a corporation, partnership, limited liability company or trustee of a trust, and for mortgage deeds signed on or after October 1, 1993 only when the deed states a primarily business, commercial or agricultural purpose.

14 M.R.S. §6321; 14 M.R.S. §6322; 14 M.R.S. §6323; 14 M.R.S. §6203-A

No. In Maine the redemption period runs before the sale, not after it: 90 days from the date of the foreclosure judgment (one year for mortgages signed before October 1, 1975, unless the mortgage says otherwise). If the mortgagor has not redeemed when that period ends, the mortgagor's remaining right to possession terminates and the lender proceeds to the public sale. The lender may, in its sole discretion, allow redemption or reinstatement after the period ends but before the public sale.

14 M.R.S. §6322; 14 M.R.S. §6323(1)

The foreclosing lender conducts the public sale, deducts the sale expenses, disburses the proceeds as the court's judgment directs, and files a report of sale with the court, mailing a copy to the mortgagor. Any surplus must be paid to the mortgagor or the mortgagor's successors, heirs or assigns. If the mortgagor never appeared in the case, the surplus is paid to the clerk of courts, who holds it in escrow. If the lender itself is the high bidder, it has no obligation to account for any surplus on a later resale.

14 M.R.S. §6324; 14 M.R.S. §6323(1)

Maryland foreclosures are supervised by the circuit court. A lender usually sells under a power of sale or an assent to a decree in the mortgage or deed of trust, but it must first file a foreclosure action in circuit court, and the sale is not final until the court ratifies it.

Md. Code, Real Prop. §7-105(b)-(c); §7-105.1(b)(1); Md. Rule 14-305(f)

The Maryland statutes read for this file give a homeowner a right to cure the default and reinstate the loan up to one business day before the foreclosure sale. No statute giving a former owner a right to redeem after a mortgage foreclosure sale was found; once the court finally ratifies the sale and the purchaser pays, the sale passes the borrower's title to the purchaser.

Md. Code, Real Prop. §7-105.1(p)(1); §7-105(c)

After the circuit court ratifies the sale, a court auditor states an account of the sale proceeds (an audit is mandatory). Anyone claiming an interest in the property or in the proceeds may file an application with the court to be paid from the surplus, the court orders the surplus distributed equitably among the claimants, and the trustee who made the sale distributes the surplus according to the court-approved audit.

Md. Rule 14-216(a); Md. Rule 14-215(a); Md. Rule 14-305(g); Md. Code, Real Prop. §7-315(b)(3)

Massachusetts lets a mortgage holder foreclose without a court action by using the power of sale in the mortgage, after publishing notice of the sale for three successive weeks and mailing notice to the owner. The statutes also allow foreclosure by entry (possession continued peaceably for three years) or by a court action.

Mass. Gen. Laws ch. 244, §14; ch. 244, §1

There is no right to redeem after a power of sale foreclosure: the statute lets a mortgagor redeem after default unless the land has been sold under the power of sale in the mortgage. Where the lender instead forecloses by entry, the right of redemption ends after possession has continued peaceably for three years from the recording of the certificate of entry.

Mass. Gen. Laws ch. 244, §18; ch. 244, §1

The mortgage holder that ran the sale keeps what the mortgage secures plus its costs out of the sale money and must turn over any surplus to the mortgagor or the mortgagor's heirs, successors or assigns, unless the mortgage says otherwise. It must also send the mortgagor a written itemized accounting of the sale proceeds, including any surplus due.

Mass. Gen. Laws ch. 183, §27

Michigan allows both. A mortgage that contains a power of sale may be foreclosed by advertisement, without a lawsuit, ending in a public sale made by the person named in the mortgage or by the sheriff, undersheriff or a deputy sheriff. The circuit court also has jurisdiction to foreclose a mortgage in a court case (judicial foreclosure).

MCL 600.3201; MCL 600.3216; MCL 600.3101

Yes. After a foreclosure by advertisement the former owner can redeem by paying the bid amount plus interest and certain costs. The period is 6 months for residential property of 4 units or fewer when the amount claimed due at the date of the foreclosure notice is more than 66-2/3% of the original debt, and also 6 months for commercial, industrial or multifamily property over 4 units; 1 year for agricultural property and in cases the other rules do not cover; and 1 month, or 30 days, if the property is determined to be abandoned. After a judicial foreclosure sale the period is 6 months after the sale.

MCL 600.3240(1), (7)-(12); MCL 600.3140(1)

After a foreclosure by advertisement, the officer or other person who made the sale holds any surplus money and must pay it on demand to the mortgagor or the mortgagor's legal representatives or assigns. If a later mortgage or lien holder files a sworn written claim with that person first, the surplus is paid to the clerk of the circuit court for the county and the court decides who is entitled to it. After a judicial foreclosure, any surplus is brought into court for the defendant or whoever is entitled to it, subject to the court's order.

MCL 600.3252; MCL 600.3135(1)

Minnesota allows both. A mortgage that contains a power of sale may be foreclosed by advertisement, without a lawsuit, with the sale made by the sheriff or a deputy at public auction. A lender may instead foreclose by action, a court case governed by the rules for civil actions.

Minn. Stat. §580.01; §580.06; §581.01

Yes. After a foreclosure by advertisement the mortgagor may redeem within six months after the sale by paying the sale price plus interest and allowed costs. The period is 12 months in the cases the statute lists, for example when the amount claimed due is less than 66-2/3 percent of the original principal, for certain larger or agricultural parcels, and for reverse mortgages. A court can shorten the period to five weeks for certain abandoned residential properties. In a foreclosure by action the same periods run from the date of the order confirming the sale.

Minn. Stat. §580.23, subds. 1-2; §582.032; §581.10

After a foreclosure by advertisement, the sheriff who made the sale holds the surplus. A surplus of $100 or more is held by the sheriff through the redemption period and, if the owner asks in writing, is applied toward redemption. If there is no redemption, it is paid first to junior creditors with liens of record who demanded it within the redemption period, in order of priority, and then to the owner of record at the time of the sheriff's sale, or as a court orders. The sheriff must mail the owner a notice that a surplus exists and may ask the court to sort out competing claims. After a foreclosure by action, any surplus is brought into court for the mortgagor or whoever is entitled to it.

Minn. Stat. §580.10, subds. 1-5; §581.06

Mississippi foreclosures are normally done out of court. A deed of trust or mortgage can give the trustee or the lender a power of sale, and the sale must be advertised in a county newspaper for three straight weeks before the sale date and posted at the courthouse, with the advertisement naming the original borrower. A sale that was not advertised that way is not valid. A lender can also ask a chancery court to order the property sold to satisfy the mortgage or deed of trust, in which case the court sets the terms.

Miss. Code Ann. §89-1-55; §89-1-63(2); §11-5-93

Mississippi's statute for stopping a foreclosure works only before the sale happens: the borrower or any interested party can stop a threatened sale by paying the installments that are actually past due, plus costs and fees, instead of the whole accelerated balance, and that payment puts the loan back on its original terms. The Code gives a two year redemption period for land sold at a tax sale, but sets no redemption period after a deed of trust or mortgage foreclosure sale.

Miss. Code Ann. §89-1-59; §27-45-3

Not yet verified. Tell us the county and the sale date and a specialist will check the current rule.

Missouri law allows a deed of trust to be foreclosed either by a lawsuit in circuit court or, at the lender's option, by a trustee's sale under a power of sale without a court case.

Mo. Rev. Stat. §443.410

After a trustee's sale, the former owner can redeem within one year, but only if the property was bought in by the lender (or someone buying for the lender) and the owner gave written notice of the intent to redeem at the sale or within the ten days before it. Section 443.420 also requires a court-approved bond within twenty days after the sale.

Mo. Rev. Stat. §443.410; §443.420

Not yet verified. Tell us the county and the sale date and a specialist will check the current rule.

Montana allows both. A trust indenture under the Small Tract Financing Act (property of 40 acres or less) can be foreclosed out of court by a trustee's advertisement and sale or, if the lender chooses, through a court case like a mortgage. A traditional mortgage is foreclosed by a lawsuit in court.

Mont. Code Ann. §71-1-304(3); §71-1-222

There is no right to redeem after a trustee's sale under a Small Tract Financing Act trust indenture. After a court-ordered (judicial) foreclosure sale, the judgment debtor may redeem the property from the purchaser within 1 year after the sale (Mont. Code Ann. §25-13-802; §71-1-228).

Mont. Code Ann. §71-1-318(3); §25-13-802

After a trustee's sale, the trustee pays the sale costs and the secured debt, then must deposit any surplus funds with the county clerk and recorder, who passes them to the county treasurer, and must mail notice of the surplus to everyone who was sent the sale notice. To be paid, a claimant files a petition in the district court of that county; the court decides the order of priority and orders the county treasurer to pay. After a court (judicial) foreclosure, the court directs payment of surplus money to the person entitled to it.

Mont. Code Ann. §71-1-316; §71-1-225

Nebraska allows both. A trust deed that expressly grants a power of sale can be foreclosed out of court by a trustee's sale under the Nebraska Trust Deeds Act, or, if the lender chooses, in court like a mortgage. Mortgages are foreclosed by a lawsuit in the district court of the county where the property is located (Neb. Rev. Stat. §25-2137).

Neb. Rev. Stat. §76-1005; §25-2137

There is no right to redeem after a trustee's sale under a trust deed. In a court foreclosure, the owner may redeem at any time before the court confirms the sale by paying into court the decree amount with interest and costs, plus twelve percent interest on the purchase price if the buyer was not the plaintiff (Neb. Rev. Stat. §25-1530).

Neb. Rev. Stat. §76-1010(2); §25-1530

After a trustee's sale, the trustee distributes the sale proceeds in a fixed order: sale costs and trustee's fees, then the debt secured by the trust deed, then junior trust deeds, mortgages and other lienholders, and last any balance to the person or persons legally entitled to it. After a court foreclosure, any surplus is brought into court for the defendant or the persons entitled to it and is paid out by court order (Neb. Rev. Stat. §25-2146).

Neb. Rev. Stat. §76-1011; §25-2146

A Nevada deed of trust gives the trustee a power of sale that can be used after a default, once the required notices and waiting periods have run, without a court case. A lender can instead bring a court action, in which the court may order the property sold by the sheriff (NRS 40.430).

Nev. Rev. Stat. §107.080(1); §40.430

There is no right to redeem after a trustee's sale under a deed of trust. A court-ordered foreclosure sale is conducted in the same manner as a sale of real property on execution (NRS 40.430(4)), and NRS 21.210 lets the judgment debtor redeem within 1 year after such a sale by paying the purchase price plus 1 percent per month and certain other amounts.

Nev. Rev. Stat. §107.080(5); §21.210

The person conducting the foreclosure sale (the trustee in a sale under a deed of trust, the sheriff in a court-ordered sale) must distribute the proceeds in a set order: sale costs and expenses, the debt being foreclosed, junior mortgages and liens in order of priority, and then the balance to the debtor or the debtor's successor in interest. If there are conflicting claims, that person does not have to pay out the disputed portion until the claims are resolved through interpleader or otherwise.

Nev. Rev. Stat. §40.462(2)

New Hampshire allows both. When the mortgage contains a power of sale, the lender can foreclose by giving the required notices and holding a sale without a court case; the same statute chapter also provides for a court decree of sale and for foreclosure by entry and possession for one year (RSA 479:19; RSA 479:22).

N.H. Rev. Stat. Ann. §479:25

The statute gives the mortgagor a right to redeem by paying everything owed only "before foreclosure" (RSA 479:18); it provides no redemption period after a power-of-sale foreclosure. After the sale, title passes to the purchaser when the foreclosure deed and affidavit are recorded, which must be done within 60 days after the sale.

N.H. Rev. Stat. Ann. §479:26(III); §479:18

Not yet verified. Tell us the county and the sale date and a specialist will check the current rule.

New Jersey mortgage foreclosures go through the Superior Court. The court orders the sale of the property, and the county sheriff or another officer carries out the sale under a writ of execution.

N.J. Stat. Ann. §2A:50-36; N.J. Stat. Ann. §2A:50-2

The New Jersey statute ties redemption after a mortgage foreclosure sale to a deficiency judgment: if the lender later wins a judgment for the unpaid balance, that judgment reopens the sale and the person it was entered against may redeem, but the action to redeem must be brought within 6 months after that judgment. Separately, Court Rule 4:65-5 allows a motion objecting to the sale to be served within 10 days after the sale, or later if the sheriff's deed has not yet been delivered.

N.J. Stat. Ann. §2A:50-4; N.J. Ct. R. 4:65-5

After the sheriff's sale, the sale money first pays what the foreclosure judgment orders to be paid. Anything left over is deposited with the court, where it is held in the Superior Court Trust Fund. It is paid out only by court order, on a motion made under Court Rule 4:64-3 with notice to all parties.

N.J. Stat. Ann. §2A:50-37; N.J. Ct. R. 4:64-3

In New Mexico a home loan, as the Home Loan Protection Act defines it, must be foreclosed through the judicial foreclosure procedures in district court. The Deed of Trust Act separately lets a trustee sell property under a power of sale without a court case, no sooner than ninety days after the notice of sale is recorded. A mortgage that is not a deed of trust under that Act cannot be foreclosed by power of sale.

NMSA 1978, §58-21A-6(E); NMSA 1978, §48-10-10(A), (C); NMSA 1978, §48-7-7

Yes. After a court-ordered foreclosure sale the former owner may redeem within nine months from the date of sale, which the statute defines as the date the court order confirming the special master's report is filed. The mortgage may shorten that period to not less than one month. After a trustee's sale under the Deed of Trust Act the period is nine months or the period stated in the deed of trust, whichever is less, and not less than one month.

NMSA 1978, §39-5-18(A), (E); NMSA 1978, §39-5-19; NMSA 1978, §48-10-16(A)

In a trustee's sale under the Deed of Trust Act, the trustee pays the costs of the sale, then the secured debt, then junior lienholders in order of priority, and then pays what is left to the borrower (the trustor). Instead of paying junior lienholders directly, the trustee may deposit the balance with the clerk of the district court in the county of the sale, and the clerk holds it subject to a court order on the application of any interested party. For a court-ordered (judicial) foreclosure sale, which is what a home loan requires, we did not find a statute that says who holds the leftover money; that sale is made under the district court's judgment and confirmed by court order.

NMSA 1978, §48-10-15(A), (B); NMSA 1978, §39-5-18(A), (E)

New York mortgage foreclosures are court actions. The court's judgment directs that the property be sold by or under the direction of the county sheriff or a referee, within ninety days of the judgment.

N.Y. Real Prop. Acts. Law (RPAPL) §1351(1)

No. The foreclosure statute lets the borrower stop the case by paying the amount due into court before the sale, but the deed given after the sale is an entire bar against the borrower. The New York court system's help page says the right of redemption lasts until the home is sold and that once the sale is complete the owner loses the home.

RPAPL §1353(3); RPAPL §1341

The officer who conducts the sale must pay all surplus moneys into court within five days after receiving them. Money paid into court is delivered to the county treasurer (in New York City, the commissioner of finance), and it is paid out only on a court order directing payment to a specified person. Anyone claiming the surplus may file a written notice of claim with the clerk where the report of sale is filed, and the court decides the claims and their priority and orders distribution.

RPAPL §1354(4); RPAPL §1361; RPAPL §1362(1); N.Y. C.P.L.R. 2601(b); N.Y. C.P.L.R. 2607

Most North Carolina foreclosures use a power of sale in the mortgage or deed of trust, but the lender or trustee must first file a notice of hearing with the clerk of court. The clerk holds a hearing and authorizes the sale only after finding a valid debt, a default, the right to foreclose and proper notice. The power of sale statute does not take away the separate right to foreclose by a court action.

N.C. Gen. Stat. §45-21.16(a), (d); N.C. Gen. Stat. §45-21.2

North Carolina gives no redemption period once a power of sale foreclosure is final. The borrower can end the foreclosure by paying the secured debt and the sale expenses before the sale, or before the time for filing an upset bid runs out, which is the tenth day after the report of sale or the last upset bid is filed. If no upset bid is filed in that time, the rights of the parties to the sale become fixed.

N.C. Gen. Stat. §45-21.20; N.C. Gen. Stat. §45-21.27(a); N.C. Gen. Stat. §45-21.29A

The person who made the sale (the trustee or mortgagee) pays any surplus to the person or persons entitled to it if that person knows who they are. Otherwise the surplus is paid to the clerk of superior court of the county where the sale was held: when the owner has died and there is no personal representative, when the persons entitled cannot be located, when the seller is in doubt about who is entitled, or when adverse claims are made. Anyone claiming money paid to the clerk may start a special proceeding before the clerk to determine who is entitled to it.

N.C. Gen. Stat. §45-21.31(b); N.C. Gen. Stat. §45-21.32(a)

North Dakota mortgages are foreclosed by a court action in district court, and the sale is made by the county sheriff or a person the court appoints. The only mortgages that may be foreclosed without a court action (by advertisement) are those held by the state or one of its agencies.

N.D. Cent. Code §32-19-01; N.D. Cent. Code §32-19-08; N.D. Cent. Code §35-22-01

Yes. A party to the foreclosure action, or the party's successor, may redeem within sixty days after the sheriff's sale. Agricultural land may be redeemed within 365 days after the summons and complaint are filed (or the notice is first published), and never earlier than sixty days after the sale. The owner has the paramount right to redeem by paying the amount bid at the sale plus interest at the mortgage rate. If the court finds the property abandoned, it may eliminate the redemption period.

N.D. Cent. Code §32-19-18; N.D. Cent. Code §32-19-19

The proceeds of a foreclosure sale go first to the debt the court found to be due and to the costs. Any surplus must be brought into court, where it is held subject to the order of the court, and a person entitled to it applies to the court to receive it.

N.D. Cent. Code §32-19-10; N.D. Cent. Code §32-19-11

Ohio mortgage foreclosures go through the courts. When a mortgage is foreclosed, the sale of the property is ordered by the court, and the court later confirms the sale.

Ohio Rev. Code §2323.07; §2329.31(A)

Ohio lets the debtor redeem the property at any time before the court confirms the sale, by depositing the amount of the judgment with costs and interest with the clerk of the court of common pleas. The redemption statute does not give a redemption period after the sale is confirmed.

Ohio Rev. Code §2329.33

The officer who made the sale must deliver any money left over after the judgment, interest and costs are paid to the clerk of the court that ordered the sale, within 45 days after the sale is confirmed. The clerk must send the former owner (the judgment debtor) a notice, and must pay the balance on demand to the judgment debtor or the judgment debtor's legal representatives, once the actual costs of the notice are paid.

Ohio Rev. Code §2329.44(A), (B)

Oklahoma uses both. The general rule is a court foreclosure: real estate pledged as security may be sold only under a court judgment ordering the sale, and the sheriff carries out the sale. A mortgage may also give the lender a power of sale, which allows a sale without a court case under the Oklahoma Power of Sale Mortgage Foreclosure Act, but the owner of a homestead can require a court foreclosure by sending the lender written notice by certified mail at least 10 days before the sale and recording a copy with the county clerk.

Okla. Stat. tit. 46, §43(A); tit. 12, §686

Oklahoma's lien statute gives a right to redeem only until the right of redemption is foreclosed, and the power-of-sale act preserves redemption only up to the completion of the sale. We did not find an Oklahoma statute that gives a former owner a redemption period after a mortgage foreclosure sale.

Okla. Stat. tit. 42, §18; tit. 46, §43(B)

In a court foreclosure, the officer who makes the sale deposits the purchase money with the clerk of the court, and after the court has reviewed the sale the clerk pays it to the persons entitled under the court's order; a separate section says that any balance beyond what is needed to satisfy the judgment, interest and costs is paid to the defendant on demand. In a power-of-sale foreclosure, the lender pays sale costs, the mortgage debt and junior liens in order of priority and then pays what is left to the person who owned the property immediately before the sale, or the lender may deposit proceeds with the district court clerk, who places them with the county treasurer subject to a court order.

Okla. Stat. tit. 12, §§765(B), 773; tit. 46, §48

Oregon uses both. A trust deed can be foreclosed out of court by the trustee through advertisement and sale, or, at the lender's option, through a court case in the same way as a mortgage. Mortgages and other liens on real property are foreclosed by bringing suit, and the property is then sold by the sheriff at an execution sale.

Or. Rev. Stat. §86.710; §88.010(1)(a)

It depends on the type of foreclosure. After an out-of-court trustee's sale there is no redemption: a person whose interest was foreclosed may not redeem the property from the purchaser. After a court foreclosure and sheriff's execution sale, the judgment debtor (which includes the mortgagor) may redeem the property within 180 days after the date of sale.

Or. Rev. Stat. §18.964(1); §18.963(1)-(2); §86.797(1)

After an out-of-court trustee's sale, the trustee applies the sale proceeds to the expenses of the sale, the debt secured by the trust deed and later recorded liens in order of priority, and pays any surplus to the grantor of the trust deed (the borrower) or to the grantor's successor in interest entitled to it. After a court foreclosure, the sheriff delivers the net sale proceeds to the court administrator, the court enters an order of distribution, and the court administrator pays any remaining proceeds as that order directs.

Or. Rev. Stat. §86.794; §18.950(1), (4)

Pennsylvania mortgage foreclosures go through the courts. The lender files an action to foreclose the mortgage under the Pennsylvania Rules of Civil Procedure, and a foreclosure judgment is enforced by a writ of execution and a sheriff's sale of the property.

Pa.R.C.P. 1141(a); Pa.R.C.P. 3180(a), 3181(a)

We found no Pennsylvania statute or court rule that gives a former owner a right to redeem after a mortgage foreclosure sheriff's sale; before the sheriff's deed is delivered, a party in interest may petition the court to set the sale aside for proper cause. A different law covers sheriff's sales for tax or municipal claims: there the owner may redeem within nine months from the acknowledgment of the sheriff's deed (three months in a city or county of the second class), and vacant property cannot be redeemed.

53 P.S. §7293(a), (c); Pa.R.C.P. 3132, 3135(a); 72 P.S. §5860.501(c)

After a sheriff's sale, the sheriff holds the sale proceeds. Within 30 days after a sale of real property the sheriff must file a schedule of proposed distribution with the prothonotary (the court clerk), and the sheriff then pays out the proceeds according to that schedule unless written exceptions are filed with the sheriff within 10 days, in which case the court decides. The court may also order the proceeds paid into court until distribution.

Pa.R.C.P. 3136(a), (d)-(g)

Rhode Island allows both. A mortgage may incorporate the "statutory power of sale", which lets the lender sell the property at public auction, without a court case, after mailing written notice to the borrower and publishing notice in a newspaper for three successive weeks. A lender may instead file a court complaint to foreclose.

R.I. Gen. Laws §34-11-22; §34-27-4(a)-(b); §34-27-1

Not after a sale under the statutory power of sale: the statute says the sale is forever a perpetual bar against the mortgagor and the mortgagor's heirs, successors and assigns. Rhode Island's three-year redemption period is written for a different situation, where the lender has taken actual possession of the property by court process or by peaceable and open entry, not for a power-of-sale auction.

R.I. Gen. Laws §34-11-22; §§34-23-2, 34-23-3

Under the statutory power of sale, the lender (the mortgagee) receives the sale proceeds, keeps the amounts secured by the mortgage together with the sale expenses, attorney fees, taxes and insurance premiums, and must pay the surplus, with a true and particular account of the sale, to the mortgagor (the borrower) or the mortgagor's heirs, successors or assigns.

R.I. Gen. Laws §34-11-22

South Carolina mortgage foreclosures go through the courts. The case is tried by the court, usually referred to a master-in-equity, and the judgment directs that the property be sold by the master or another court officer.

Rule 71(a)-(b), SCRCP; S.C. Code Ann. §29-3-630; S.C. Code Ann. §29-3-650

Not yet verified. Tell us the county and the sale date and a specialist will check the current rule.

After a foreclosure sale, any surplus money is held by the court officer who made the sale, usually the master-in-equity. That officer sends a notice of the surplus to the parties who appeared in the case, holds a hearing on any claims that are filed, and if no claims are filed pays the fund to the mortgagor or lienor entitled to it.

Rule 71(b)-(c), SCRCP

South Dakota allows both kinds of foreclosure. A mortgage that contains a power of sale may be foreclosed by advertisement, without a court case, and a mortgage may also be foreclosed by an action in the circuit court of the county where the property is located. A borrower facing foreclosure by advertisement may apply to the court to require the lender to foreclose by action instead.

SDCL §21-48-1 (by advertisement); SDCL §21-47-1 (by action); SDCL §21-48-9

Yes. After a mortgage foreclosure sale, the owner and the other persons entitled to redeem have one year from the date of sale to redeem the property. The exception is a one hundred eighty day redemption mortgage, where the property must be redeemed within 180 days after the certificate of sale is recorded, or within 60 days if the property is abandoned.

SDCL §21-52-11; SDCL §21-52-5; SDCL §21-49-38

In a foreclosure by advertisement, the officer who conducts the sale pays any surplus to the clerk of the circuit court, and the sheriff mails notice of the deposit to the mortgagor and to junior lien holders. In a foreclosure by court action, the surplus is paid into court for the use of the defendant or the person entitled to it, and it is paid out by order of the court.

SDCL §21-48-16 (by advertisement); SDCL §21-47-18(4) (by action); SDCL §21-49-29(4) (180-day redemption mortgages)

Tennessee statutes cover both kinds of foreclosure sale: a sale by a trustee under a deed of trust or mortgage without a court case, and a sale under a court's order or decree. Either way the sale must be advertised in a newspaper starting at least 20 days before the sale and posted online, and the trustee or other selling party must mail a copy of the sale notice to the borrower.

Tenn. Code Ann. §35-5-101(a), (b), (d); Tenn. Code Ann. §66-8-101(2)-(3)

Tennessee law makes real estate sold for debt redeemable for two years after the sale, and that includes a sale under a deed of trust or mortgage made without a court case. The right does not apply if the deed of trust or mortgage expressly waives the right of redemption, and in a court-ordered sale the court may order a sale on credit that leaves no right of redemption.

Tenn. Code Ann. §66-8-101; Tenn. Code Ann. §66-8-102

Not yet verified. Tell us the county and the sale date and a specialist will check the current rule.

Texas allows foreclosure without a court case under a power of sale in a deed of trust: the sale must be a public auction held between 10 a.m. and 4 p.m. on the first Tuesday of a month, after at least 21 days' notice, and for a residence the borrower must first get a default notice giving at least 20 days to cure. Texas law also recognizes a lawsuit to foreclose a real property lien.

Tex. Prop. Code §51.002(a), (b), (d); Tex. Civ. Prac. & Rem. Code §16.035(a)-(b)

We found no Texas statute that gives a former owner a right to redeem after a deed of trust (mortgage) foreclosure sale; Property Code chapter 51, which governs those sales, does not mention redemption. Texas statutes do give a right to redeem after two other kinds of sale: after a property owners' association forecloses its assessment lien, the owner may redeem until the 180th day after the association mails written notice of the sale, and after a tax sale the owner may redeem within two years (residence homestead, agricultural land, mineral interest) or 180 days (other property) after the deed is recorded.

Tex. Prop. Code §209.011(b); Tex. Tax Code §34.21(a), (e)

When residential real property is sold at a trustee's sale under a power of sale, the trustee or substitute trustee must keep the money received at the sale in a separate account until it is distributed and must make reasonable attempts to identify and locate the persons entitled to the proceeds. The trustee may take reasonable costs and fees out of proceeds above the payoff of the foreclosed lien, and may instead file an interpleader action or deposit the funds in a court registry.

Tex. Bus. & Com. Code §22.006(a)-(d), (f); Tex. Bus. & Com. Code §22.002

Utah allows both kinds of foreclosure. Under a trust deed the trustee has a power of sale and can sell the property without a court case after a breach of the secured obligation, even if the trust deed does not spell that power out. At the lender's option a trust deed may instead be foreclosed through the courts the way a mortgage is, which ends in a court judgment and a sheriff's sale.

Utah Code §57-1-23; Utah Code §78B-6-901

It depends on the kind of foreclosure. After a trustee's sale under a trust deed, the process that does not go through a court, there is no right of redemption: the trustee's deed conveys the property to the buyer without right of redemption. After a court-ordered foreclosure sale, the property may be redeemed within 180 days after the sale.

Utah Code §57-1-28(3); Utah Code §78B-6-906(1); Utah R. Civ. P. 69C(d)

After a trustee's sale, the trustee pays the costs of the sale and the secured debt, and then either pays the balance to the person or persons legally entitled to it or, at the trustee's choice, deposits the balance with the clerk of the district court in the county where the sale took place, along with an affidavit listing all known claimants. The clerk notifies the listed claimants within 15 days and deposits the money with the state treasurer subject to the court's order, and a claimant asks for it by filing a petition for adjudication of priority with a $50 filing fee. In a court foreclosure, surplus money is paid to the person entitled to it by court order and may be held by the court in the meantime.

Utah Code §57-1-29(1)-(3); Utah Code §78B-6-904

A Vermont home owned by a person is foreclosed through a court action in the Civil Division of the Superior Court, either by strict foreclosure (no sale) or by a court-ordered judicial sale. A foreclosure without a court action (nonjudicial sale) is allowed only for property other than farmland or a dwelling house owned by a natural person.

12 V.S.A. §§ 4932, 4941, 4945, 4961

No redemption period after the sale was found in Vermont's foreclosure chapter. The right to redeem runs before the sale: the court sets a redemption period in the decree (six months for an owner-occupied home or farmland unless the court orders a shorter time), and the borrower may also redeem at any time before the public sale by paying the full judgment amount. After the sale, the recorded confirmation order transfers title to the purchaser.

12 V.S.A. §§ 4946(b), 4949(a), 4954(b)

After a judicial foreclosure sale the foreclosing lender files a sworn report of the sale and an accounting of the proceeds with the court. The court's confirmation order directs payment of any surplus to other lienholders of record in order of priority, and any excess left after that is paid to the borrower (the defendant mortgagor). The statute does not name a separate office that holds the money. The same order of payment applies to a nonjudicial sale, where the lender may also deposit disputed extra proceeds with a court by interpleader.

12 V.S.A. § 4954(a), (c); § 4966(e)

Under Virginia's deed of trust statutes, when the borrower defaults the trustee named in the deed of trust may sell the property at public auction without a court case. For owner-occupied residential real estate the owner must be mailed written notice of the sale at least 60 days before the sale date.

Va. Code § 55.1-320(7); § 55.1-321(A)

Not yet verified. Tell us the county and the sale date and a specialist will check the current rule.

The foreclosure trustee receives the sale proceeds. The trustee pays the expenses of the sale, then taxes that have priority, then the secured debt and junior liens of record in order of priority, and must pay the residue to the grantor (the borrower) or the grantor's assigns. The trustee must account for the proceeds to the commissioner of accounts of the circuit court. If the borrower died before the sale, the surplus is paid to the personal representative of the estate.

Va. Code § 55.1-324(A)(3); § 64.2-1309(A); § 55.1-331

Washington uses both procedures. A deed of trust may be foreclosed without a court case by a trustee's sale under the Deeds of Trust Act (chapter 61.24 RCW). A mortgage may be foreclosed by a lawsuit in the superior court of the county where the land lies (chapter 61.12 RCW), followed by a court-ordered sale.

RCW 61.24.020; RCW 61.12.040

It depends on the type of foreclosure. After a trustee's sale under a deed of trust, no one has a right to redeem the property. After a court (judicial) foreclosure sale, the judgment debtor may redeem from the purchaser within eight months after the sale if the mortgage states the property is not used principally for farming and the lender waived any deficiency judgment, and otherwise within one year, unless redemption rights have been precluded under RCW 61.12.093 and the sections that follow it.

RCW 61.24.050(1); RCW 6.23.020(1)

After a trustee's sale, the trustee pays the expenses of sale and the debt secured by the deed of trust, then deposits any surplus (less the clerk's filing fee) with the clerk of the superior court of the county where the sale took place and mails notice of the surplus to everyone who was sent the notice of sale. Liens and interests wiped out by the sale attach to the surplus in their order of priority. Anyone who wants the money must file a motion in that superior court with at least 20 days' notice to the other parties, and the clerk pays out only on a court order. After a court (judicial) foreclosure, surplus goes first to the interests and liens eliminated by the sale in order of priority, and any remaining surplus to the mortgage debtor, heirs and assigns.

RCW 61.24.080(3); RCW 61.12.150

Under West Virginia's trust deed statutes, when the borrower defaults and the lender asks, the trustee named in the deed of trust sells the property at public auction without a court case. The trustee must first publish a notice of the sale in the county where the property is located and send a copy to the borrower by certified mail.

W. Va. Code § 38-1-3; § 38-1-4

Not yet verified. Tell us the county and the sale date and a specialist will check the current rule.

The foreclosure trustee receives the sale proceeds. After paying the expenses of the sale (including the trustee's commission) and the debts secured by the deed of trust, the trustee must pay any surplus to the grantor (the borrower) or the grantor's heirs, personal representatives, successors or assigns, as their interests may appear. The trustee must file an inventory and account of the sale with the county clerk's office where the deed of trust was first recorded.

W. Va. Code § 38-1-7(a); § 38-1-8

Wisconsin mortgages are foreclosed by a court action. The judgment orders the property sold by the sheriff or a referee, but only after a waiting period. For an owner-occupied one- to four-family home that period is 6 months from the judgment if the mortgage was signed on or after April 27, 2016 (12 months for older mortgages), or 3 months (6 months for older mortgages) if the lender waives any deficiency judgment. The court must confirm the sale.

Wis. Stat. § 846.10(1)-(2); § 846.101(2); § 846.16

No redemption period after the sale was found in Wisconsin's foreclosure chapter. The borrower, heirs or assigns may redeem at any time before the sale by paying the judgment, interest, costs and any taxes the lender paid. Once the court confirms the sale, the sheriff's deed bars the claims and redemption rights of the parties to the case.

Wis. Stat. § 846.13; § 846.16(2m)(as)

The sheriff or referee delivers the sale proceeds to the clerk of the circuit court within 10 days after the sale. Any surplus is held by the court and is subject to the court's order. A party to the case, or a person who had a lien on the property at the time of sale, may file a notice of claim to the surplus with the clerk of court, and the court decides who is entitled after a hearing held on at least 8 days' notice. When the sale is confirmed, the clerk pays the proceeds to the parties entitled to them.

Wis. Stat. § 846.162; § 846.10(3); § 846.16(1r)(b), (2m)(am)

Wyoming allows both. A mortgage that contains a power of sale can be foreclosed out of court by advertisement and sale. Before publication starts the lender must send a written notice of intent to foreclose by certified mail with return receipt to the record owner, and to whoever is in possession if that is someone else, at least ten days ahead. Notice of the sale is then published once a week for four consecutive weeks and mailed to the owner, the occupant and every recorded junior lienholder. The same mortgage can instead be foreclosed by a court decree, and the sheriff then advertises and conducts the sale.

Wyo. Stat. §34-4-102(a); §34-4-103(a)(iv); §34-4-104(a); §1-18-101(a); §1-18-111(a)

Wyoming gives the former owner a statutory right to redeem after the foreclosure sale. The buyer receives a certificate of purchase instead of a deed and is only entitled to a deed once the redemption period runs out. For most property the owner, or the owner's heirs, assigns or guarantors, has three months from the date of the sale to redeem by paying the purchase price plus ten percent interest a year, along with any taxes, assessments or prior liens the buyer paid after the sale. For agricultural real estate, meaning a single parcel over eighty acres outside a city, town or recorded subdivision or land used substantially for agriculture, the period is twelve months. If the owner does not redeem, judgment creditors and lienholders get a further thirty days.

Wyo. Stat. §1-18-103(a), (b), (c); §1-18-102; §1-18-104(a)

Wyoming pays out foreclosure sale money in a fixed order: the reasonable costs of collection and enforcement including any attorney fees the law allows, then the debt being foreclosed, then any junior mortgage or lien, and then surplus proceeds to the former owner on demand. The same order applies whether the sale was by advertisement or under a court decree. If the former owner makes no demand, the foreclosing lender or the officer who made the sale may keep the surplus for the owner or may turn it over to the State Treasurer as unclaimed property. The lender has to account to the former owner for any surplus. Where there is surplus, the lender must mail the sale results, including the winning bid and the amount it was owed, to the record owner within ten business days after the sale.

Wyo. Stat. §34-4-113(a), (c); §1-18-113; §34-4-104(b)