Map of All Judicial and Non-Judicial Foreclosure States in the U.S.

HAWAII allows both non-judicial and judicial foreclosures. For many years, foreclosures in Hawaii were more commonly handled non-judicially, but after Hawaii implemented a mortgage foreclosure dispute resolution program as part of the non-judicial foreclosure process, lenders regularly began opting for the judicial foreclosure process to avoid participating in it.

MARYLAND foreclosures can happen through either a judicial or non-judicial process.

NEW JERSEY is a judicial foreclosure state.

WASHINGTON D.C. allows both non judicial and judicial foreclosures.

CONNECTICUT is a judicial foreclosure state. The judicial foreclosure process is implemented by either strict foreclosure or a decree of sale foreclosure.

RHODE ISLAND allows both non-judicial and judicial foreclosures. Non-judicial foreclosures are the most common.

MASSACHUSETTS allows both non-judicial and judicial foreclosures. Non-judicial is the most common and judicial foreclosures can happen in cases where the power of sale clause wasnt included in the original loan instrument.

MAINE is a judicial foreclosure state.

NEW HAMPSHIRE foreclosures can happen judicially or non-judicially, depending on the loan documentation.

VERMONT foreclosures can happen judicially or by strict foreclosure.

NEW YORK is a judicial foreclosure state.

WEST VIRGINIA is a non-judicial foreclosure state. While judicial foreclosures are also allowed, they are rarely used.

VIRGINIA allows lenders to pursue either a non-judicial or judicial foreclosure.

SOUTH CAROLINA is a judicial foreclosure state.

NORTH CAROLINA allows both non-judicial and judicial foreclosures.

ALABAMA is a non-judicial foreclosure state. While judicial foreclosures are also allowed, they are rarely used.

MISSISSIPPI allows both non-judicial and judicial foreclosures.

TENNESSEE allows both non-judicial and judicial foreclosures. Non-judicial foreclosures are the most common.

KENTUCKY is a judicial foreclosure state.

WISCONSIN is a judicial foreclosure state.

MICHIGAN is a non-judicial foreclosure state. However, judicial foreclosure is allowed if the lender requests it.

LOUISIANA is a judicial foreclosure state.

IOWA is primarily a judicial foreclosure state. There is also a non-judicial voluntary foreclosure available, if the lender and borrower can agree on it, the borrower can transfer the deed to the lender and the lender can subsequently waive their right to sue the borrower for a deficiency judgment.

MINNESOTA allows both non judicial and judicial foreclosures.

OKLAHOMA allows both non judicial and judicial foreclosures.

KANSAS is a judicial foreclosure state.

NEBRASKA allows both non-judicial and judicial foreclosures.

SOUTH DAKOTA allows both non-judicial and judicial foreclosures.

NORTH DAKOTA is a judicial foreclosure state.

TEXAS allows both non judicial and judicial foreclosures. Non judicial foreclosures are more common, but judicial foreclosures can be done if the power of sale clause wasnt included in the original loan instrument.

NEW MEXICO is a judicial foreclosure state. While New Mexico does technically have a non judicial foreclosure process, it is rarely used on residential properties.

WYOMING allows both non judicial and judicial foreclosures.

MONTANA allows both non judicial and judicial foreclosures.

ALASKA is a non judicial foreclosure state. Judicial foreclosures are also available in Alaska when a mortgage needs to be foreclosed on, but most foreclosures are done non judicially through a deed of trust with a power of sale clause included.

ARKANSAS foreclosures can happen through either a judicial or non-judicial foreclosure process. Non-judicial foreclosures are more common and judicial foreclosures can happen when the power of sale clause wasnt included.

COLORADO allows both non-judicial and judicial foreclosures. Non-judicial foreclosures are the most common. Judicial foreclosures are available, but not used often.

UTAH allows both non-judicial and judicial foreclosures. Non-judicial foreclosures are more common, but judicial foreclosures can be done when the power of sale clause was not included in the original loan instrument.

IDAHO allows both non-judicial and judicial foreclosures. Non-judicial is the most common, except when there is no power of sale clause in the loan instrument.

WASHINGTON allows both non-judicial and judicial foreclosures.

OREGON allows both non-judicial and judicial foreclosures. Non-judicial foreclosure is more common. Judicial foreclosures are available when there is no power of sale clause in the loan instrument.

DELAWARE is a judicial foreclosure state. Lenders must go through a court proceeding to foreclose on the borrower.

ILLINOIS is a judicial foreclosure state. The judicial foreclosure process can be implemented through a strict foreclosure, consent foreclosure, or a normal judicial foreclosure process.

PENNSYLVANIA is a judicial foreclosure state

OHIO is a judicial foreclosure state

INDIANA is a judicial foreclosure state

NEVADA allows both non-judicial and judicial foreclosures. Non-judicial is the most common, except when there is no power of sale clause in the loan instrument.

FLORIDA is a judicial foreclosure state. The lender is required to file a court action and record a notice of a pending lawsuit against the borrower.

GEORGIA is a non-judicial foreclosure state. Judicial foreclosures can happen in cases where the power of sale clause wasn't included in the original loan instrument.

MISSOURI allows both non-judicial and judicial foreclosures.

Arkansas foreclosures can happen through either a judicial or non-judicial foreclosure process. Non-judicial foreclosures are more common and judicial foreclosures can happen when the power of sale clause wasn't included.

ARIZONA allows both non-judicial and judicial foreclosures. Non-judicial is the most common, except when there is no power of sale clause in the loan instrument. Judicial foreclosures are available, but not used often.

CALIFORNIA is a non-judicial foreclosure state. However, judicial foreclosure is allowed if the lender requests it.