Alaska Foreclosure Laws: Process, Timeline and Your Rights
Alaska foreclosure rules: judicial or non-judicial, required notices, time frames, right to cure, redemption period, deficiency judgments, HOA liens and help for homeowners.
Quick answers for Alaska
- Judicial or non-judicial
- Both. If a deed of trust gives the trustee a power of sale, the trustee may sell the property outside court after giving the required notices. Alaska Stat. §§ 34.20.070, 09.45.170
- Time frames set by law
- The notice of default may be recorded no sooner than 30 days after the default, and the sale must be at least 90 days after the notice is recorded. Alaska Stat. §§ 34.20.070(b), 34.20.080(e)
- Redemption after the sale
- After a nonjudicial trustee's sale, the borrower has no right to redeem unless the deed of trust says so; the sale ends the borrower's rights in the property. Alaska Stat. §§ 34.20.090(a), 34.20.080(i), 09.45.190, 09.35.250
- Deficiency judgments
- After a nonjudicial trustee's sale, no deficiency judgment may be entered against the borrower, surety or guarantor on the debt. Alaska Stat. §§ 34.20.100, 09.45.170, 09.45.180
Last verified: 2026-10-27
How foreclosure works
| Judicial or non-judicial | Both. If a deed of trust gives the trustee a power of sale, the trustee may sell the property outside court after giving the required notices. A lender may instead bring a court action to foreclose, and the court may order the property sold. Once the deed of trust is foreclosed in court, or the lender sues on the note and gets a judgment, the nonjudicial sale remedy is no longer available. The statutes do not say which method is more common. Re-verified 2026-10-27. |
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| Required notices | For a nonjudicial sale, the trustee must record a notice of default at least 30 days after the default and at least 90 days before the sale. It must state the default, the amount owed, the trustee's election to sell, the sale date, time and place, and how the default can be cured. Within 10 days after recording, the trustee must mail a copy by certified mail (or deliver it personally) to the borrower, successors in interest, anyone in physical possession of the property, and junior lienholders. Public notice of the sale must also be given in the manner the law requires for execution sales. Re-verified 2026-10-27. |
| Time frames set by law | The notice of default may be recorded no sooner than 30 days after the default, and the sale must be at least 90 days after the notice is recorded. A sale may be postponed, but not for more than 12 months without new notice of sale. Re-verified 2026-10-27. |
| Right to catch up (reinstate) | Yes, for payment defaults in a nonjudicial foreclosure. At any time before the sale date (including a postponed date), the borrower may cure and stop the sale by paying the amount in default (not the principal that would not be due without the default) plus the attorney and other foreclosure fees and costs actually incurred. If a notice of default has been recorded and cured two or more times before under the same deed of trust, the trustee may refuse payment and continue the sale. In a court foreclosure, if the amount then due plus court costs is paid to the clerk before judgment, the case is dismissed. Re-verified 2026-10-27. |
After the sale
| Redemption after the sale | After a nonjudicial trustee's sale, the borrower has no right to redeem unless the deed of trust says so; the sale ends the borrower's rights in the property. After a court-ordered foreclosure sale, the property may be redeemed like property sold on execution: the borrower may redeem before the court confirms the sale, or within 12 months after the order confirming the sale, by paying the purchase price plus 8% annual interest and certain taxes and expenses. Re-verified 2026-10-27. |
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| Deficiency judgments | After a nonjudicial trustee's sale, no deficiency judgment may be entered against the borrower, surety or guarantor on the debt. In a court foreclosure, the judgment determines personal liability, and any deficiency between the judgment and the sale price may be enforced by execution. Re-verified 2026-10-27. |
HOAs, taxes and selling
| HOA liens and foreclosure | Yes. Under Alaska's Common Interest Ownership Act, an association has a lien for assessments. In a condominium or planned community, the lien is foreclosed the way other liens are foreclosed under Alaska Stat. § 34.35.005. Up to six months of regular assessments have priority over a first mortgage. The lien is extinguished unless enforcement starts within three years after the full assessment becomes due. Re-verified 2026-10-27. Source: Alaska Stat. § 34.08.470 |
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| Property tax sales | When a municipality forecloses on property for unpaid taxes, the property is held for at least one year. During this redemption period, anyone with an interest in the property may redeem by paying the lien amount plus penalties, interest and costs. Re-verified 2026-10-27. Source: Alaska Stat. § 29.45.400 |
| Seller disclosure | Yes. Before the buyer of residential real property makes a written offer, the seller must deliver a completed written disclosure statement on the state form. If the statement (or a material amendment) is delivered after the offer, the buyer may terminate the offer in writing within three days of in-person delivery or six days of mailing. A seller who discloses a defect on the statement is not liable for that disclosed defect. Re-verified 2026-10-27. |
Getting help
| Free help for homeowners | Alaska Housing Finance Corporation (AHFC) points homeowners to HUD-approved housing counselors, including the HOPE Hotline at (888) 995-HOPE (4673), available 24/7, and to Alaska Legal Services Corporation for free legal help that may include avoiding foreclosure. AHFC's pandemic-era Homeowner Assistance program is no longer taking applications. |
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Foreclosure & Homeowner Law FAQ
Is Alaska a judicial or non-judicial foreclosure state?
Both. If a deed of trust gives the trustee a power of sale, the trustee may sell the property outside court after giving the required notices. A lender may instead bring a court action to foreclose, and the court may order the property sold. Once the deed of trust is foreclosed in court, or the lender sues on the note and gets a judgment, the nonjudicial sale remedy is no longer available.
What notice is required before a foreclosure sale in Alaska?
For a nonjudicial sale, the trustee must record a notice of default at least 30 days after the default and at least 90 days before the sale. It must state the default, the amount owed, the trustee's election to sell, the sale date, time and place, and how the default can be cured. Within 10 days after recording, the trustee must mail a copy by certified mail (or deliver it personally) to the borrower, successors in interest, anyone in physical possession of the property, and junior lienholders. Public notice of the sale must also be given in the manner the law requires for execution sales.
How long does foreclosure take in Alaska?
The notice of default may be recorded no sooner than 30 days after the default, and the sale must be at least 90 days after the notice is recorded. A sale may be postponed, but not for more than 12 months without new notice of sale.
Can you stop a foreclosure by catching up on payments in Alaska?
Yes, for payment defaults in a nonjudicial foreclosure. At any time before the sale date (including a postponed date), the borrower may cure and stop the sale by paying the amount in default (not the principal that would not be due without the default) plus the attorney and other foreclosure fees and costs actually incurred. If a notice of default has been recorded and cured two or more times before under the same deed of trust, the trustee may refuse payment and continue the sale. In a court foreclosure, if the amount then due plus court costs is paid to the clerk before judgment, the case is dismissed.
Is there a right of redemption after foreclosure in Alaska?
After a nonjudicial trustee's sale, the borrower has no right to redeem unless the deed of trust says so; the sale ends the borrower's rights in the property. After a court-ordered foreclosure sale, the property may be redeemed like property sold on execution: the borrower may redeem before the court confirms the sale, or within 12 months after the order confirming the sale, by paying the purchase price plus 8% annual interest and certain taxes and expenses.
Can the lender come after you for the rest of the loan after foreclosure in Alaska?
After a nonjudicial trustee's sale, no deficiency judgment may be entered against the borrower, surety or guarantor on the debt. In a court foreclosure, the judgment determines personal liability, and any deficiency between the judgment and the sale price may be enforced by execution.
Can an HOA foreclose on your home in Alaska?
Yes. Under Alaska's Common Interest Ownership Act, an association has a lien for assessments. In a condominium or planned community, the lien is foreclosed the way other liens are foreclosed under Alaska Stat. § 34.35.005. Up to six months of regular assessments have priority over a first mortgage. The lien is extinguished unless enforcement starts within three years after the full assessment becomes due.
What must a home seller disclose in Alaska?
Yes. Before the buyer of residential real property makes a written offer, the seller must deliver a completed written disclosure statement on the state form. If the statement (or a material amendment) is delivered after the offer, the buyer may terminate the offer in writing within three days of in-person delivery or six days of mailing. A seller who discloses a defect on the statement is not liable for that disclosed defect.
How do you get your home back after a tax sale in Alaska?
When a municipality forecloses on property for unpaid taxes, the property is held for at least one year. During this redemption period, anyone with an interest in the property may redeem by paying the lien amount plus penalties, interest and costs.
Where can homeowners get free foreclosure help in Alaska?
Alaska Housing Finance Corporation (AHFC) points homeowners to HUD-approved housing counselors, including the HOPE Hotline at (888) 995-HOPE (4673), available 24/7, and to Alaska Legal Services Corporation for free legal help that may include avoiding foreclosure. AHFC's pandemic-era Homeowner Assistance program is no longer taking applications.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.