Judicial and Non-Judicial Foreclosure States (2026)
Which states foreclose through the courts and which allow foreclosure by power of sale without a lawsuit.
| State | Judicial or non-judicial |
|---|---|
| Alabama | Non-judicial (power of sale) is provided for by statute. When a mortgage gives the lender a power to sell the land, that power is part of the security and can be used by whoever becomes entitled to the debt; the deed given to the buyer at the sale passes legal title. The sale is held at the courthouse door of the county where the land is located. Ala. Code §§ 35-10-1, 35-10-12, 35-10-14 |
| Alaska | 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. Alaska Stat. §§ 34.20.070, 09.45.170 |
| Arizona | Both. Most Arizona home loans are deeds of trust, and the trustee has a power of sale that lets the property be sold outside of court after a default (a "trustee's sale"), even if the deed of trust does not say so. The lender may instead choose to foreclose in court the same way as a mortgage. Once a court foreclosure action has been filed, a trustee's sale cannot be held unless that action is dismissed. Ariz. Rev. Stat. § 33-807 |
| Arkansas | Both. Arkansas allows court (judicial) foreclosure, and its Statutory Foreclosure Act also allows a non-judicial sale by a trustee or mortgagee after recording a notice of default and intention to sell. The non-judicial procedure is available only when the lender is a mortgage company, bank or savings and loan, does not apply to property used primarily for agriculture, and does not affect the right to foreclose in court. Ark. Code Ann. §§ 18-50-103, 18-50-104, 18-50-116 |
| California | Both. A deed of trust or mortgage with a power of sale can be foreclosed outside of court by a trustee's sale, after a notice of default and notice of sale. A lender may also foreclose through a court action (judicial foreclosure). Cal. Civ. Code § 2924; Cal. Code Civ. Proc. § 726 |
| Colorado | Both, with a court step. Most deeds of trust are foreclosed through the county public trustee: the lender files a notice of election and demand with the public trustee, which then sells the property. Even in a public trustee foreclosure, the lender must get a court order authorizing the sale under Colorado Rule of Civil Procedure 120, or the sale is invalid. Liens may also be foreclosed in court, with the sheriff conducting the sale. C.R.S. §§ 38-38-101, 38-38-105, 38-38-108 |
| Connecticut | Judicial. Mortgages are foreclosed through a court case. The usual method is strict foreclosure: the court sets "law days," and if the owner does not pay the debt by the owner's law day, title passes to the lender without an auction. On a party's motion, the court may instead order a foreclosure by sale (auction), or, for a first mortgage with the owner's consent, a foreclosure by market sale. Conn. Gen. Stat. §§ 49-24, 49-15, 49-19; Connecticut Judicial Branch Law Libraries, Foreclosure research guide |
| Delaware | Judicial. After a default, the lender forecloses by filing a lawsuit (a writ of "scire facias" on the mortgage) in the Superior Court of the county where the property is located. If the lender wins, the property is sold at a sheriff's sale, which the court must confirm. 10 Del. C. §§ 5061, 5063, 5065 |
| District of Columbia | Both. A deed of trust or mortgage with a power of sale can be foreclosed by a trustee's sale outside court, once the required notices are given and a mediation certificate is obtained. A lender can also ask the court to foreclose, and the court may order the property sold and the proceeds applied to the debt. D.C. Code §§ 42-815, 42-816 |
| Florida | Judicial. Florida law requires all mortgages to be foreclosed in court ("in equity"). If tried, the foreclosure claim is decided by a judge without a jury. Fla. Stat. § 702.01 |
| Georgia | Non-judicial. The Georgia Attorney General describes Georgia as a "non-judicial foreclosure" state: a lender can foreclose under the power of sale in a security deed without filing suit or going before a judge. The sale must be advertised and conducted like a sheriff's sale in the county where the property is located. Georgia Attorney General, Mortgage and Foreclosure Information; O.C.G.A. § 44-14-162 |
| Hawaii | Both. A lender may foreclose through a court action in circuit court (judicial foreclosure), or, where allowed, by a nonjudicial power-of-sale foreclosure under Part II of HRS chapter 667. An owner-occupant facing a nonjudicial foreclosure of residential property may convert it to a judicial foreclosure by filing a petition in circuit court within 30 days after being served with the foreclosure notice. Haw. Rev. Stat. §§ 667-1.5, 667-22, 667-53 |
| Idaho | Both. A deed of trust gives the trustee a power of sale, so it may be foreclosed outside court "by advertisement and sale" (a trustee's sale). At the lender's option, it may instead be foreclosed in court like a mortgage. A trustee's sale cannot proceed while a lawsuit to recover the debt is pending. Idaho Code §§ 45-1503, 45-1505 |
| Illinois | Judicial. Mortgages in Illinois are foreclosed through a court case under the Illinois Mortgage Foreclosure Law. The owner's interest is ended by a court-ordered judicial sale after a judgment of foreclosure, and only once the court confirms the sale. 735 ILCS 5/15-1404, 5/15-1508 |
| Indiana | Judicial. A lender forecloses by filing a court action; after a judgment and decree of sale, the county sheriff sells the property at a sheriff's sale. Ind. Code §§ 32-29-7-3, 32-30-10.5-8, 32-30-10.5-9 |
| Iowa | Mainly judicial. A mortgage or deed of trust may be foreclosed only by a court action in equity, except for an alternative nonjudicial voluntary procedure. Iowa also has a nonjudicial foreclosure procedure that a lender may start by serving a notice, but the borrower can stop it by filing and serving a written rejection within 30 days. Iowa Code §§ 654.1, 654.18, 655A.3 |
| Kansas | Judicial. Mortgage foreclosures are filed in district court, and the property is sold by the sheriff under a court order of sale or special execution, after which the owner generally has a statutory redemption period. Any mortgage clause waiving redemption is void except as the redemption statute allows. K.S.A. 60-2410, 60-2414; Kansas Judicial Branch Self-Help, Housing (Foreclosures) |
| Kentucky | Judicial. Kentucky law states that "foreclosure of a mortgage is forbidden" outside the courts; a mortgage or lien is enforced by filing a court action, and the court may order the property sold. A lender may take possession of a home the owner has abandoned only to preserve and maintain it. KRS 426.525; KRS 426.005 |
| Louisiana | Judicial, through the courts and the parish sheriff. Louisiana uses two court procedures. "Executory process" is used when the mortgage is an authentic act containing a confession of judgment: the lender files a petition and the court orders a writ of seizure and sale without first citing the borrower or obtaining a judgment. A lender can instead use an "ordinary proceeding," in which it must first obtain a judgment against the borrower and then execute that judgment. La. Code Civ. Proc. arts. 2631, 2634, 2638, 2640, 3722, 3723 |
| Maine | Judicial for home mortgages. After a breach of the mortgage, the lender forecloses by filing a civil action in Superior Court or District Court where the property is located. Out-of-court foreclosure under a power of sale is allowed only for mortgages granted by corporations, partnerships, LLCs or certain trusts, and for mortgage deeds signed on or after October 1, 1993 only when the deed says the loan is primarily for business, commercial or agricultural purposes. 14 M.R.S. §§ 6321, 6203-A |
| Maryland | Foreclosure goes through the circuit court in every case. A mortgage or deed of trust may contain a power of sale or the borrower's "assent to a decree," which lets a court-supervised sale proceed without a full lawsuit on the debt; the case starts with an "order to docket" (or a complaint to foreclose) filed in circuit court, and the sale takes effect only after the court finally ratifies it. Md. Code, Real Prop. §§ 7-105, 7-105.1 |
| Massachusetts | Massachusetts law allows foreclosure without a court action when the mortgage contains a power of sale: after a default the lender may carry out the sale "without action" by following the statute's notice rules. A lender may also foreclose by peaceable entry or by a court action for possession; if a court enters a conditional judgment on a mortgage with a power of sale, the court orders the property sold under that power. Mass. Gen. Laws ch. 244, §§ 1, 3, 11, 14 |
| Michigan | Both. A mortgage that contains a power of sale may be foreclosed "by advertisement" (without a court case) after a default, as long as no lawsuit to collect the debt is pending, the mortgage is recorded, and the foreclosing party owns the debt (or an interest in it) or is the servicer. The circuit court also has jurisdiction to foreclose mortgages and land contracts through a court case. These procedures do not apply to mortgages held by the Michigan State Housing Development Authority. MCL 600.3101, 600.3201, 600.3204 |
| Minnesota | Both. A mortgage that contains a power of sale may be foreclosed "by advertisement" (a sheriff's sale without a court case) after a default, as long as no lawsuit to collect the debt is pending and the mortgage and all assignments are recorded. Mortgages may also be foreclosed by court action under Chapter 581. In either case, the homeowner generally keeps a redemption period after the sheriff's sale. Minn. Stat. §§ 580.01, 580.02; ch. 581 |
| Mississippi | Mississippi law provides for land secured by a mortgage or deed of trust to be sold at a public-outcry sale (a non-judicial foreclosure under a power of sale) after it has been advertised as the statute requires. The sale must be held in the county where the land is located or the county where a grantor of the deed of trust lives. Miss. Code Ann. § 89-1-55 |
| Missouri | Both. A deed of trust or mortgage on land can be foreclosed by a court lawsuit, or, at the option of the holder of the debt, by a trustee's sale out of court under a power of sale in the document. Sales made under a power of sale are valid and end the owner's equity of redemption, except for the limited statutory redemption described below. Mo. Rev. Stat. §§ 443.290, 443.410 |
| Montana | Both. Under the Small Tract Financing Act, a trust indenture (deed of trust) on property of 40 acres or less can be foreclosed out of court by the trustee through advertisement and sale, or, at the lender's (beneficiary's) option, through a court case like a mortgage foreclosure. Ordinary mortgages are foreclosed through the courts. Mont. Code Ann. §§ 71-1-304, 71-1-313, 71-1-315 |
| Nebraska | Both. A trust deed that expressly includes a power of sale can be foreclosed out of court by the trustee under the Nebraska Trust Deeds Act, or, at the lender's (beneficiary's) option, in court like a mortgage. Mortgages are foreclosed by filing a complaint in the district court of the county where the property is located. Neb. Rev. Stat. §§ 76-1005, 25-2137 |
| Nevada | Both. Nevada law gives the trustee of a deed of trust a power of sale that can be used out of court after a default (nonjudicial foreclosure). A lender can also bring a single court action to recover a debt secured by a mortgage or other lien on real estate, in which the court may order the property sold by the sheriff (judicial foreclosure). Nev. Rev. Stat. §§ 107.080, 40.430 |
| New Hampshire | Both. A lender holding a mortgage with a power of sale may foreclose out of court by giving the required notices and selling the property under the power, instead of bringing a court suit and decree of sale. A court case can also end in a decree that the property be sold under the power. N.H. Rev. Stat. Ann. §§ 479:22, 479:25 |
| New Jersey | Judicial. The New Jersey Courts state that New Jersey is a judicial foreclosure state, so foreclosure actions must go through the court. The Office of Foreclosure (part of the Superior Court Clerk's Office) handles uncontested cases, and Superior Court General Equity judges handle contested ones. After final judgment, the court issues a writ of execution directing the county sheriff to sell the property at public auction. New Jersey Courts, Foreclosure Self-Help |
| New Mexico | Mainly judicial. The New Mexico Courts describe New Mexico as a judicial foreclosure state: the lender must file a complaint in district court and prove it is entitled to take the property. For a "home loan" under the Home Loan Protection Act (a loan up to the Fannie Mae conforming limit secured by a borrower's principal residence of one to four units, or a manufactured home used as a principal residence, other than a reverse mortgage or bridge loan), the lender must use judicial foreclosure. New Mexico's Deed of Trust Act also allows a trustee's sale under a power of sale in a deed of trust, and a deed of trust may instead be foreclosed in court like a mortgage. NMSA 1978, § 58-21A-3, § 58-21A-6(E); §§ 48-10-10, 48-10-11; New Mexico Courts, Self-Representation: Foreclosure |
| New York | Home foreclosures in New York go through the courts. The New York Department of Financial Services describes a foreclosure as a lawsuit that starts when the lender files and serves a summons and complaint, and a foreclosure sale is scheduled only after the court rules against the borrower. Residential foreclosure actions are governed by Article 13 of the Real Property Actions and Proceedings Law (RPAPL). N.Y. Dept. of Financial Services, Help for Homeowners; RPAPL §§ 1303, 1304 |
| North Carolina | North Carolina has two methods. Most deeds of trust in the state contain "power of sale" language, which allows a trustee to sell the home after a hearing before the clerk of superior court (filed as a special proceeding); the clerk must authorize the sale first. A lender can instead file a foreclosure by civil action, heard by a judge. The North Carolina Judicial Branch says that under either method, a home cannot be sold without first getting a court order permitting the sale. N.C. Gen. Stat. §§ 45-21.16; Chapter 45, Article 2A; Chapter 1, Article 29A; N.C. Judicial Branch, Foreclosures help topic |
| North Dakota | Judicial. Under North Dakota's mortgage foreclosure chapter, the lender must bring an action in district court to foreclose a mortgage on real property. The court enters judgment for the amount due and orders a sheriff's sale of the property. N.D.C.C. §§ 32-19-01, 32-19-06, 32-19-08 |
| Ohio | Judicial. In Ohio a lender forecloses by filing a foreclosure lawsuit, and when a mortgage is foreclosed the court orders a sale of the property (usually a sheriff's sale), which must later be confirmed by the court. Ohio Rev. Code §§ 2323.07, 2329.33; Supreme Court of Ohio, Foreclosure Mediation in Ohio: What You Need to Know |
| Oklahoma | Both. Oklahoma mortgages may be foreclosed through the courts (judicial foreclosure), or, if the mortgage grants a power of sale in the required bold, underlined language, by a power-of-sale (non-judicial) sale under 46 O.S. §§ 40 and following. For a homestead, the homeowner can force the lender to use judicial foreclosure by sending the lender written notice by certified mail, at least 10 days before the scheduled sale, that the property is the homestead and judicial foreclosure is elected, and recording a copy with the county clerk. The lender may also stop a power-of-sale proceeding at any time before the sale and switch to judicial foreclosure. 46 O.S. §§ 43, 49 |
| Oregon | Both. Oregon allows judicial foreclosure, where a complaint is filed in circuit court, and nonjudicial foreclosure of a trust deed "by advertisement and sale," which happens outside the court system. In a nonjudicial foreclosure the homeowner receives a Danger Notice, a Notice of Default and/or a Notice of Sale, and a homeowner who disputes the right to foreclose must file a lawsuit to challenge the sale. ORS 86.752; Oregon Housing and Community Services, Oregon Foreclosure Process |
| Pennsylvania | Judicial. The Pennsylvania Housing Finance Agency describes foreclosure as a legal action taken by the lender, and a home that is foreclosed is sold at a sheriff's sale under court execution proceedings. Pennsylvania Housing Finance Agency, HEMAP page; Act 91 Notice; 42 Pa.C.S. § 8103 |
| Rhode Island | Both. A lender may file a complaint in court to foreclose, or, under a mortgage with a power of sale, may sell the property after giving the mailed and published notices required by statute, without a court case. R.I. Gen. Laws §§ 34-27-1, 34-27-4 |
| South Carolina | Judicial. A sale under a power of sale in a mortgage is not valid to pass title unless the debt is first established by a court judgment (or the debtor consents in writing to the amount after it matures, within 12 months before the sale). In practice, the lender files a foreclosure summons and complaint, and foreclosure cases are typically heard by a Master-in-Equity (or a special referee in counties without one). S.C. Code Ann. §§ 29-3-630, 29-3-640; South Carolina Judicial Branch, FAQ in SC Master-in-Equity Court |
| South Dakota | Both. A mortgage containing a power of sale may be foreclosed "by advertisement" (without a lawsuit), and mortgages may also be foreclosed by court action, with the sale made under a court decree. If a lender starts a foreclosure by advertisement, the homeowner, a successor, or anyone with a lien or recorded interest can apply to the court, without stating reasons, to require the lender to foreclose by court action instead. SDCL §§ 21-48-1, 21-48-9, 21-47-14 |
| Tennessee | Both. Tennessee law covers sales of land to foreclose a deed of trust or mortgage by a trustee without a court judgment, as well as sales under court decrees (including chancery court foreclosure decrees). Tenn. Code Ann. §§ 35-5-101, 66-8-101 |
| Texas | Both. Most Texas home foreclosures are non-judicial ("power of sale") foreclosures: if the deed of trust has a power-of-sale clause, the lender can sell the property at a public auction without filing a lawsuit. Judicial foreclosure, where the lender sues and gets a court judgment before the sale, is rare in Texas. A court order is required for certain liens, such as home equity loans, reverse mortgages and property owners' association assessments; these often use an "expedited" court procedure under Texas Rules of Civil Procedure 735 and 736. Tex. Prop. Code § 51.002; Texas State Law Library, Foreclosure guide (General Information) |
| Utah | Both, but most Utah foreclosures are nonjudicial. A trustee under a trust deed has a power of sale and can sell the home without a court case (a "trustee sale"); at the lender's option, a trust deed can instead be foreclosed in court like a mortgage. According to the Utah State Courts, most foreclosures in Utah are done without a court case. Utah Code § 57-1-23; Utah State Courts, Foreclosure self-help page |
| Vermont | Judicial for homes. Vermont foreclosures go through the Superior Court, either as a "strict foreclosure" (the court enters a decree without a sale, allowed only if the court finds there is no substantial value in the property above the debts and unpaid taxes) or as a foreclosure by judicial sale. Nonjudicial foreclosure by power of sale is available only for other property: it may not be used for farmland or a dwelling house owned by a natural person. 12 V.S.A. §§ 4941, 4945, 4961 |
| Virginia | Virginia law provides for non-judicial foreclosure of a deed of trust: on default, the trustee named in the deed of trust (or a substitute trustee) can sell the property at a public sale after giving the written notices and newspaper advertisement required by statute, without a court case. Va. Code §§ 55.1-320, 55.1-321, 55.1-322 |
| Washington | Both. A deed of trust can be foreclosed without going to court through a trustee's sale under the Deeds of Trust Act (chapter 61.24 RCW), and mortgages (and deeds of trust) can also be foreclosed through a court action under chapter 61.12 RCW. A judicial foreclosure sale can be followed by a right of redemption; a trustee's sale cannot. RCW 61.24.020, 61.24.040, 61.24.050; RCW 6.23.020 |
| West Virginia | West Virginia law provides for non-judicial foreclosure of a trust deed: after a default, and once the conditions in the trust deed are met, the trustee must, when the lender requires it, sell the property at public auction after giving the notice of sale required by statute. W. Va. Code §§ 38-1-3, 38-1-4 |
| Wisconsin | Judicial. Under Wisconsin's real estate foreclosure chapter, a mortgage is foreclosed through a court action: if the lender wins, the court enters a judgment of foreclosure and sale, and the property is later sold by the sheriff or a referee and the sale must be confirmed by the court. Wis. Stat. §§ 846.01, 846.10, 846.16, 846.165 |
| Wyoming | Both. A mortgage that contains a power of sale may be foreclosed "by advertisement" and sale without a court case, and Wyoming law also recognizes foreclosure by court decree. Deeds of trust use the same notice of sale as mortgage foreclosure by advertisement. Wyo. Stat. §§ 34-4-101, 34-4-102, 34-3-103, 1-18-103 |
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.