Foreclosure Laws

For Foreclosure Laws you have three options...

1. Summary: Click on the State map below and receive a Summary of the law; or

2. Restrictions: For states with laws restricting the purchase of properties in foreclosure Click Here, or

3. Full Law: Select the state for the full detail of the actual law Click Here

All links provided will take you to the appropriate website in a new window - to return to this page close the new window.

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For state foreclosure law summary Click on the state below

For the full state foreclosure law Click Here


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States with Laws Restricting Purchase of Properties in Foreclosure

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The links provided below are are intended to serve as a resource to assist in finding legislation which might be relevant to conducting your real estate investing business in states having passed laws or are considering enacting legislation to restrict purchasing properties during the foreclosure process. does not maintain the sites listed below and as such has no responsibility for the accuracy, content and current status of any information provided therein. Please Note: The locations of these materials can change without notice.

States with Active Laws

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States With Pending Foreclosure Legislation  Note: Section Under Construction

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State Foreclosure Statutes

From the chart below select the State for the full detail of the actual foreclosure law. Please note that some links go directly to the law while others require you to click to access and/or accept their terms... see special notes following a link for state specific instructions.

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State Statute or Code Section Note: The locations of these materials can change without notice


Title 35 Chapter 10 Articles 1 & 1A [This link takes you to the full directory]


Title 34 - Chapter 20. MORTGAGES AND TRUST DEEDS


Title 33 - Chapter 6 - Article 2


Title 18 - Chapters 49 Enforcement of Mortgages and 50 Statutory Foreclosures






Chapter 846 - Mortgages


Title 10 Part III Chapter 49 Subchapter XI § 5061 through § 5067 [Judicial Foreclosure]

District of Colombia

DC Official Code § 42-815; § 42-815.01; § 42-816; and § 42-817




O. C. G. A. TITLE 44 Chapter 14


§667-1  Foreclosure by action [This is the first section - scroll to bottom of each page to click "NEXT"]


Title 45 Chapter 15


735 ILCS 5/15-1501; 1502; 1503; 1504; 1505; 1506; and 1507


Title 32 Article 29 Chapter 7; Chapter 8; and Chapter 9


Chapter 654 - Foreclosure of Real Estate Mortgages


Chapter 60 Article 10 [This is the first section - click "NEXT" to go to next paragraph]


KRS Chapter 426 [Judicial Foreclosure]


LRS Title 10:9-629 [Judicial Foreclosure]


Maine Revised Statutes Title 33, Chapter 9, ?501-?553A


§ 7-105.1 Residential property foreclosure procedure [scroll to bottom of each page to click "NEXT"]


General Laws of Massachusetts Chapter 244


Michigan Compiled Laws Chapter 451.401 to 451.405


Chapter 580 - Non-Judicial Foreclosure and Chapter 581 - Judicial Foreclosure


Title 11 §11-5-93 - Sales of Realty under Decrees; plus §15-1-19 and §15-1-21


RSMO Chapter 443.190 through 443.327


Mortgage foreclosures 71-1-101 and Trust Indenture foreclosures 71-1-301


Nebraska Statutes Chapter 76-1005 through 76-1013


Mortgage foreclosures NRS Ch. 106 and Trust Indenture foreclosures NRS Ch. 107

New Hampshire

Chapter 479:1-24 Judicial foreclosures and 479:25-30 power of sale foreclosures

New Jersey

N.J.S.A. 2A:15 through 2A:50; Judicial Rule 4:64; Judicial Rule 4:65

New Mexico

Chapter 48, Article 48-7-7 and Articles 48-10-1 to 48-10-21

New York

RPA - Real Property Actions and Proceedings - Article 13 and Article 14

North Carolina

Chapter 45 (Mortgages and Deeds of Trust), Article 2, Article 2A ?45-4 to ?45-21.38

North Dakota

North Dakota Century Code Chapter 32-19


Ohio Revised Code §2323.07 [Judicial Foreclosure]


Title 46 Power of Sale Mortgage Foreclosure Act - Chapter 3 Section 43


ORS Chapter 86 - Mortgages, Trust Deeds and Chapter 88 - Foreclosure of Mortgages


Pa. R.C.P. 1141-1164; 3180-3183; 8103; 41 P.S. ?101; and 35 P.S. ? 1680.401

Rhode Island

Title 34 (Property), Chapter 34-27 (Mortgage Foreclosure and Sale)

South Carolina

Title 29, Chapter 3, Article 7, Section 29-3-610 [scroll down page to 29-3-610]

South Dakota

SDCL, Chapter 21-48 (Foreclosure of Real Property Mortgage by Advertisement)


Chapter 21 (Proceedings in Chancery), Part 8, ?21-1-803 (Foreclosure Sale)


Texas Property Code, Title 5, Section 51


Title 57, Chapter 1 (Conveyances) and Title 78B-3-301 [Judicial Foreclosure]


Title 12, Chapter 163, ?4526 through ?4601 [Judicial Foreclosure]


Code of Virginia, Chapter 55, Chapter 4, ?55-48 through ?55-79.06


Title 61.12 RCW - Foreclosure of Real Estate Mortgages

West Virginia

Chapter 38, Article 1 §38-1 through §38-16-506 and Chapter 59 (legal advertisements)


Chapter 846.01 et. seq. (Real Estate Foreclosure)


Title 34, Chapter 3 (Deeds of Trust) and Chapter 4 (Mortgage Foreclosures)

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Please contact us with any updated information, ideas, problems or suggestions you might have.

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© 2009-2012 Trust Associates - All Rights Reserved
4426-B Hugh Howell Road, Suite 200
Tucker, GA 30084
Phone: 800-578-8580

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Arizona - Title 33 Property Chapter 6 Article 2 Foreclosure

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33-721 Foreclosure of mortgage by court action

33-722 Election between action on debt or to foreclose

33-723 Right of junior lien holder upon foreclosure action by senior lien holder

33-724 State as party to foreclosure actions

33-725 Judgment of foreclosure; contents; sale of property; resale

33-726 Redemption of property by payment to officer directed under foreclosure judgment to sell the property

33-727 Sale under execution; deficiency; order of liens; writ of possession

33-728 Recording upon record that mortgage is foreclosed and judgment satisfied; effect

33-729 Purchase money mortgage; limitation on liability

33-730 Limitation on deficiency judgment on mortgage or deed of trust as collateral for consumer goods

Arkansas - Title 18

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Chapter 49 Enforcement of Mortgages, Deeds of Trust, and Vendors' Liens

18-49-101 Limitation of actions

18-49-102 Defense of payment or setoff

18-49-103 Judgment

18-49-104 Sale of property under court order and publication of notice of sales

18-49-105 Proceeds of sale insufficient

18-49-106 Redemption of real property

Chapter 50 Statutory Foreclosures

18-50-101 Definitions

18-50-102 Qualifications of trustee ? Appointment of successor trustee

18-50-103 Conditions to exercise of power

18-50-104 Contents of notice ? Persons to receive notice

18-50-105 Publication of notice

18-50-106 Trustee's affidavit

18-50-107 Manner of sale

18-50-108 Effect of sale

18-50-109 Disposition of proceeds of sale

18-50-111 Form and effect of trustee's or mortgagee's deed

18-50-112 Deficiency judgment

18-50-113 Request for notice

18-50-114 Reinstatement of mortgage or deed of trust

18-50-115 Implied powers in mortgages

18-50-116 Miscellaneous provisions

18-50-117 Foreign corporations and other entities


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38-38-100.3. Definitions

38-38-101. Holder of evidence of debt may elect to foreclose

38-38-102. Recording notice of election and demand - record of sale

38-38-102.5. Notice prior to residential foreclosure - hotline

38-38-103. Combined notice - publication - providing information

38-38-104. Right to cure when default is nonpayment - right to cure for certain technical defaults

38-38-105. Court order authorizing sale mandatory

38-38-106. Bid required - form of bid

38-38-107. Fees and costs - definitions

38-38-108. Date of sale

38-38-109. Continuance of sale - effect of bankruptcy - withdrawal of sale

38-38-110. Sales by officer - location - announcement - records

38-38-111. Treatment of excess proceeds

38-38-112. Use of electronic documents authorized

38-38-113. Rescission of public trustee sale

38-38-114. Unclaimed refunds - disposition under "Unclaimed Property Act"

Delaware - Title 10 Part III Chapter 49 Subchapter XI

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§ 5061. Occasion for suing out writ; parties and notice

§ 5062. Land divided by county line; venue of action

§ 5063. Judgment upon default

§ 5064. Award of levari facias when county line divides land

§ 5065. Procedure after award of levari facias

§ 5066. Title of purchaser

§ 5067. Disposition of surplus from sale proceeds

Georgia - O. C. G. A. Title 44 Chapter 14

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§ 44-14-160. Recording of foreclosure and deed under power; notations of sale in records

§ 44-14-161. Sales made on foreclosure under power of sale -- When deficiency judgment allowed; confirmation and...

§ 44-14-162. Sales made on foreclosure under power of sale -- Manner of advertisement and conduct necessary for...

§ 44-14-162.1. Sales made on foreclosure under power of sale -- Mailing of notice to debtor -- "Debtor" defined

§ 44-14-162.2. Sales made on foreclosure under power of sale -- Mailing or delivery of notice to debtor -- Procedure

§ 44-14-162.3. Sales made on foreclosure under power of sale -- Mailing of notice to debtor -- Applicability of...

§ 44-14-162.4. Sales made on foreclosure under power of sale -- Mailing of notice to debtor -- Recitals in deeds...

§ 44-14-163. Vacation of certain judgments prior to sale -- Jurisdiction, power, and authority

§ 44-14-164. Vacation of certain judgments prior to sale -- Cancellation of execution; invalidation of deed made...

§ 44-14-165. Vacation of certain judgments prior to sale -- Effect


§ 44-14-180. Manner of foreclosing; petition; rule; venue

§ 44-14-181. Proceedings by personal representative when mortgagee deceased

§ 44-14-182. Foreclosure by transferee

§ 44-14-183. Proceedings against personal representative when mortgagor deceased

§ 44-14-184. Defense against foreclosure; verification

§ 44-14-185. Defenses by third persons; right of purchaser not party to foreclosure to go behind judgment

§ 44-14-186. Jury trial

§ 44-14-187. Judgment; sale of mortgaged property

§ 44-14-188. Effect of judgment on one purchasing during pendency of proceedings

§ 44-14-189. Rights of purchaser at void or irregular sale

§ 44-14-190. Disposition of proceeds

§ 44-14-191. Treatment of proceeds of sale when debt due in installments


§ 44-14-210. Execution and recordation of quitclaim deed following judgment; levy and sale; disposition of...

§ 44-14-211. Attachment against grantor in deed to realty to secure debt; execution and recordation of quitclaim


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§ 11-5-93. Sales of realty under decrees

§ 11-5-95. Court may fix terms of sale

§ 11-5-97. Lien on land sold on credit

§ 11-5-99. Hour and adjournment of sales

§ 11-5-101. Person making sale not to purchase

§ 11-5-103. Report of sale of land

§ 15-1-19. Limitations applicable to suits to redeem mortgage or deed of trust

§ 15-1-21. Actions on mortgages, deeds of trust, and statutory liens to be brought within time allowed for action upon writing in which debt is specified

New Mexico

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48-7-7. Sale of real property under power of sale

48-10-1. Short title

48-10-3. Definitions

48-10-5. Description of trust real estate; mailing address of trustor, beneficiary and trustee

48-10-6. Trustee of deed of trust; qualification

48-10-7. Appointment of successor trustee by beneficiary

48-10-8. Deed of trust as security

48-10-9. Grants in trust of real estate; uses

48-10-10. Sale of trust real estate; power of trustee; foreclosure of deed of trust

48-10-11. Notice of trustee's sale

48-10-12. Request for copies of notice of sale; mailing by trustee or beneficiary

48-10-13. Sale by public auction; postponement of sale

48-10-14. Payment of bid; trustee's deed

48-10-15. Disposition of proceeds of sale

48-10-16. Redemption

48-10-17. Action to recover balance after sale or foreclosure on trust real estate as provided in deed of trust; action to recover balance prohibited on loans secured by low-income households

48-10-18. Method of indexing

48-10-19. Limitation on action or sale of trust real estate

48-10-20. Notice from instruments recorded; assignment of a beneficial interest

48-10-21. Liberal interpretation



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Pa. R.C.P. 1141-1164 (Actions to Foreclose a Mortgage) [click "NEXT" at the top of page to go to next section]

Pa. R.C.P. 3180-3183 (Judgments in Mortgage Foreclosure) [click "NEXT" at the top of page to go to next section]

Pa. R.C.P. 8103 et. seq. (Deficiency Judgments) [click "NEXT" at the top of page to go to next section]

Loan Interest & Protection Law, 41 P.S. ?101 et. seq. (Act 6)

Homeowners Emergency Assistance Act, 35 P.S. ? 1680.401 et. seq. (Act 91)

Laws Limiting Dealing with Properties in Foreclosure

O.C.G.A. ? 10-1-393 (b)(20)

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(A) Representing that moneys provided to or on behalf of a debtor, as defined in Code Section 44-14-162.1 in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property and any such misrepresentation upon which is based the execution of a quitclaim deed or warranty deed by that debtor shall authorize that debtor to bring an action to reform such deed into a deed to secure debt in addition to any other right such debtor may have to cancel the deed pursuant to Code Section 23-2-2, 23-2-60, or any other applicable provision of law.

(B) Advertising to assist debtors whose loan for property the debtors use as a dwelling place is in default with intent not to assist them as advertised or making false or misleading representations to such a debtor about assisting the debtor in connection with said property.

(C) Failing to comply with the following provisions in connection with the purchase of property used as a dwelling place by a debtor whose loan for said property is in default and who remains in possession of this property after said purchase:

(i) A written contract shall be employed by the buyer which shall summarize and incorporate the entire agreement between the parties, a fully completed copy of which shall be furnished to the debtor at the time of its execution. Said contract shall show the date of the transaction and the name and address of the parties; shall state, in plain and bold language, that the subject transaction is a sale; and shall indicate the amount of cash proceeds and the amount of any other financial benefits that the debtor will receive;

(ii) This contract shall contain a statement in boldface type which complies substantially with the following:

"The provisions of this agreement have been fully explained to me. I understand that under this agreement I am selling my house to the other undersigned party."

This statement shall be signed by the debtor and the buyer;

(iii) If a lease or rental agreement is executed in connection with said sale, it shall set forth the amount of monthly rent and shall state, in plain and bold language, that the debtor may be evicted for failure to pay said rent. Should an option to purchase be included in this lease, it shall state, in plain and bold language, the conditions that must be fulfilled in order to exercise it; and

(iv) The buyer shall furnish to the seller at the time of closing a notice to the seller allowing the seller ten days to cancel the purchase. This right to cancel shall not limit or otherwise affect the seller's right to cancel pursuant to Code Section 23-2-2, 23-2-60, or any other applicable provision of law. The notice shall serve as the cover sheet to the closing documents. It shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point boldface type, double spaced, and shall read as follows:

"Notice to the Seller

Please read this form completely and carefully. It contains valuable cancellation rights.

The seller or sellers may cancel this transaction at any time prior to 5:00 P.M. of the tenth day following receipt of this notice.

This cancellation right cannot be waived in any manner by the seller or sellers.

Any money paid to the seller or sellers must be returned by the seller within 30 days of cancellation.

To cancel, sign this form, and return it to the buyer by 5:00 P.M. of the tenth day following the transaction. It is best to mail it by certified mail or statutory overnight delivery, return receipt requested, and to keep a photocopy of the signed form and your post office receipt.

Buyer's Name

Address to which cancellation is to be returned

I (we) hereby cancel this transaction.

Seller's Signature

Seller's Signature


Printed Name(s) of Seller(s)
Street Address
City, State, ZIP Code"

(D) The provisions of subparagraph (C) of this paragraph shall only apply where all three of the following conditions are present:

(i) A loan on the property used as a dwelling place is in default;

(ii) The debtor transfers the title to the property by quitclaim deed, limited warranty deed, or general warranty deed; and

(iii) The debtor remains in possession of the property under a lease or as a tenant at will;

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© 2009-2015 Trust Associates - All Rights Reserved
4426-B Hugh Howell Road, Suite 200
Tucker, GA 30084
Phone: 800-578-8580

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