State Foreclosure Laws

Wyoming

For homeowners facing foreclosure in Wyoming, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in Wyoming can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Wyoming can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

Wyoming law requires two foreclosure notices:

  • In Wyoming, to foreclose a home, the bank publish a notice of sale in a newspaper once a week for four consecutive weeks before the foreclosure sale. At least ten days before the first publication of the notice of sale, the bank will send the homeowner a notice of intent to foreclose by certified mail.
  • Prior to first date of publication, the bank will send a copy of the notice of sale to the homeowner and various other parties by certified mail.

Wyoming Foreclosure Protections

Wyoming law provides protections in accordance with the federal Service Members Civil Relief Act.

Wyoming law also provides protections to members of the Wyoming National Guard who are ordered to active state service by the state or federal government for a period of more than 30 consecutive days.

Reinstatement and Redemption

In Wyoming, homeowners are not allowed to reinstate the mortgage before the foreclosure sale. However, even though state law does not provide homeowners with a legal right to reinstate, the bank may allow the homeowner to pay the outstanding debt to bring the mortgage account current or the terms of the mortgage contract may give allow the homeowner to reinstate before the foreclosure sale.

Foreclosed homeowners in Wyoming can redeem the home within three months from the sale date, or 12 months from the sale date, if the property is agricultural.

Deficiency Law

In Wyoming, there is no anti-deficiency law, meaning the bank can recover the deficiency following the foreclosure sale.

Eviction Notice

Under Wyoming law, homeowners have the right to live in the home until the redemption period ends. If a homeowner leave the home does not following the end of the redemption period, the buyer can send a notice to leave and initiate the eviction process. For information regarding how to avoid foreclosure in Wyoming, visit HUD.gov.

2 years ago

Wisconsin

For homeowners facing foreclosure in Wisconsin, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in Wisconsin can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Wisconsin can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

Wisconsin law requires one foreclosure notice:

  • In Wisconsin, the bank files a lawsuit in court in order to initiate the foreclosure process. The bank will send the homeowner notice of the lawsuit by serving a summons and complaint. The homeowner has 20 days to file an answer with the court.
  • If the bank is awarded a judgment against the homeowner, the court will order the foreclosure sale. A notice of the sale must be published in a local newspaper, advertised in a public place, and posted on the county website for three weeks prior to the date of the foreclosure sale.

Wisconsin Foreclosure Protections

Wisconsin law provides protections in accordance with the federal Service Members Civil Relief Act.

Wisconsin law also provides to members of the National Guard or state defense forces who are ordered into state active duty for 30 days or more.

Also, the bank cannot foreclose during or within 90 days after the service member’s period of state active duty, unless a court:

  • Ordered the foreclosure before the beginning of the service member’s period of state active duty, and approves the foreclosure after it occurs. This protection applies to mortgages taken out prior to active duty.

Wisconsin law prohibits, among other things, the following things when it comes to high-cost home loans:

  • Balloon payments (except under certain circumstances)
  • Increasing the interest rate after a default
  • Accelerating the loan
  • Negative amortization

Reinstatement and Redemption

In Wisconsin, homeowners have the right to reinstate before a foreclosure judgment. The court will then dismiss the foreclosure. Homeowners can also reinstate after judgment, which will postpone the case. If the homeowner misses another payment, the foreclosure will proceed.

In Wisconsin, the redemption period takes place before the sale. Depending on the circumstances, the redemption period ranges from five weeks to one year for mortgages executed before April 27, 2016. For mortgages executed after April 27, 2016, the redemption period ranges from five weeks to six months. Once the redemption period ends, the foreclosure sale takes place. There is no right of redemption after the foreclosure sale.

Deficiency Law

In Wisconsin, deficiency judgments are allowed if the bank makes a prior request in the complaint. The bank will often waive the deficiency, though, in order to shorten the redemption period to six months.

Eviction Notice

The homeowner can stay in the home throughout the redemption period up until the court confirms the foreclosure sale. If the foreclosed homeowner does not leave at that time, they will be evicted. The order confirming the sale may also include a writ of assistance, which is an order from the court directing the sheriff to remove the foreclosed homeowner from the home. For information regarding how to avoid foreclosure in Wisconsin, visit HUD.gov.

2 years ago

West Virginia

For homeowners facing foreclosure in West Virginia, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in West Virginia can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Utah can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

West Virginia law requires two foreclosure notices:

  • After the homeowner has been in default for five days, the bank will personally deliver or send a notice of default to the homeowner’s last known address.
  • A reasonable amount of time before the sale takes place, the trustee will send the homeowner a notice of sale by certified mail. Under West Virginia law, the notice is complete when the trustee sends the notice of sale, regardless of whether the notice is returned as refused or is undeliverable.
  • The trustee will also publish a copy of the notice of sale in a local newspaper in the county where the property is located, generally once a week for two weeks..

West Virginia Foreclosure Protections

West Virginia law provides protections in accordance with the federal Service Members Civil Relief Act.

Reinstatement and Redemption

In West Virginia, the notice of default must give the homeowner ten days to cure the default and reinstate the loan. The homeowner loses the right to reinstate after three defaults.

West Virginia law does not permit foreclosed homeowners to redeem the home after a foreclosure.

Deficiency Law

In West Virginia, the bank can request a deficiency judgment by filing a lawsuit after the nonjudicial foreclosure.

Eviction Notice

In West Virginia, after giving notice to leave the home, the new homeowner can initiate an unlawful detainer eviction lawsuit against the foreclosed homeowners to evict them from the property. The buyer shall have a right to summary proceedings to obtain possession. For information regarding how to avoid foreclosure in West Virginia, visit HUD.gov.

2 years ago

Washington

For homeowners facing foreclosure in Washington, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in Washington can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in washington can also be non judicial but a court must confirm the sale.

Foreclosure Notification

Washington law requires three foreclosure notices:

  • Before initiating the foreclosure process, the bank must contact the homeowner to inform them about the opportunity to meet with the bank to try to work out an alternative to the foreclosure.
  • To initiate the foreclosure process, the bank will send a notice of default to the homeowner, as well as post the notice in a visible place on the property, or personally serves the notice of default to the homeowner, 30 days before recording or serving a notice of sale.
  • At least 120 days, or in some cases 90 days, before the foreclosure sale, the bank will record a notice of sale the county recorder’s office, send a copy of the notice to the homeowner, and post the notice in a visible place on the property or serve the notice to the homeowner. The notice of sale will also be published in a local newspaper.

Washington Foreclosure Protections

Washington law provides protections in accordance with the federal Service Members Civil Relief Act.

Washington law also provides protections to the National Guard or member of the military reserves.

Reinstatement and Redemption

In Washington, a homeowner can reinstate the loan at any time prior to the 11th day before the sale.

In Washington, a homeowner can’t redeem the home after a nonjuducial foreclosure.

Deficiency Law

In Washington, deficiency judgments are not allowed following nonjudicial foreclosures.

Eviction Notice

In Washington, the buyer is entitled to possession of the home on the 20th day after the foreclosure sale. If the foreclosed homeowners don’t leave, the buyer may file a lawsuit to evict them from the home. The buyer shall have a right to summary proceedings to obtain possession. For information regarding how to avoid foreclosure in Washington, visit HUD.gov.

2 years ago

Virginia

For homeowners facing foreclosure in Virginia, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in Virginia can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Virginia can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

Virginia law requires one foreclosure notice:

  • In Virginia, before a foreclosure sale can take place, the bank must personally deliver or send a notice of sale to the homeowner at least 14 days before the foreclosure sale. The bank must also publish the notice of sale in a local newspaper.

Virginia Foreclosure Protections

Virginia law provides protections in accordance with the federal Service Members Civil Relief Act.

Virginia law also provides protections to national guard members called to state active duty by the governor for 30 or more consecutive days.

Reinstatement and Redemption

In Virginia, the law does not allow the homeowner to reinstate the mortgage loan, but the mortgage contract may allow the reinstatement of the mortgage loan.

In Virginia, the homeowner is not allowed to redeem the home following a foreclosure.

Deficiency Law

The bank can request a deficiency judgment against a homeowner in a judicial foreclosure. If the bank buys the home at the foreclosure sale, the deficiency amount is limited to the difference between the fair market value of the home and the total amount of the debt, as well as expenses.

The bank can request a deficiency judgment, which is limited by the fair market value of the property by filing a separate lawsuit.

Eviction Notice

In Virginia, the bank can file a separate lawsuit after the foreclosure sale to get a deficiency judgment against the homeowner. For information regarding how to avoid foreclosure in Virginia, visit HUD.gov.

2 years ago

Vermont

For homeowners facing foreclosure in Vermont, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in Vermont can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Strict Foreclosure

In a strict foreclosure, the court gives the home directly to the bank without a foreclosure sale. Strict foreclosure is allowed if the court finds that the value of the property is less than the amount of the mortgage debt.

Foreclosure Notification

Vermont law requires one foreclosure notice:

In both a judicial and strict foreclosure, the bank will initiate the foreclosure process by filing a complaint with the court and serving it to the homeowner along with a summons and notice of foreclosure. The summons will let the homeowner know how long they have to file an answer with the court, generally 20 days. In a judicial foreclosure, the bank will also send a notice of sale to the homeowner no fewer than 30 days before the foreclosure sale date and publish the notice in a local newspaper.

Vermont Foreclosure Protections

Vermont law provides protections in accordance with the federal Service Members Civil Relief Act.

Reinstatement and Redemption

Under Vermont law, the homeowner can reinstate in a judicial foreclosure after the end of the redemption period established in the judgment, but before the foreclosure sale, if both the homeowner and the bank agree to the terms.

In Vermont, the redemption period is before the foreclosure sale in a judicial foreclosure, and after the foreclosure decree in a strict foreclosure.

In a judicial foreclosure, the homeowner can redeem the home within six months from the date of the foreclosure decree, unless the court orders a shorter time. The foreclosure sale will take place once the redemption period ends, up until which time the homeowner can also redeem the home. Once the foreclosure sale is complete, the home cannot be redeemed.

In a strict foreclosure, the homeowner can redeem the property within six months from the date of the foreclosure decree, unless the court orders a shorter time period of redemption, or the homeowner and the bank mutually agree to a shorter period.

Deficiency Law

The bank can request a deficiency judgment against a homeowner in a judicial foreclosure. If the bank buys the home at the foreclosure sale, the deficiency amount is limited to the difference between the fair market value of the home and the total amount of the debt, as well as expenses.

The bank can request a deficiency judgment, which is limited by the fair market value of the property by filing a separate lawsuit.

Eviction Notice

In Vermont, if the homeowner does not redeem the home, the court will issue a writ of possession. The writ of possession has the same force and effect and is executed in the same manner as a similar writ issued after an eviction process. For information regarding how to avoid foreclosure in Vermont, visit HUD.gov.

2 years ago

Utah

For homeowners facing foreclosure in Utah, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in Utah can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Utah can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

Utah law requires three foreclosure notices:

  • Before the bank or mortgage servicer can initiate the foreclosure process, it must send the homeowner a notice of intent to file a notice of default. The notice must include, information about who the homeowner can contact to find out about obtaining a mortgage modification or other foreclosure relief, and provide 30 days to pay the amount due to cure the default and avoid the filing of a notice of default.
  • To initiate the foreclosure process, the trustee must record a notice of default in the county recorder’s office at least three months before giving a notice of sale. The trustee will then send a copy of the notice of default to the homeowner within ten days after the recording date.
  • The bank or trustee will send a copy of the notice of sale to the homeowner at least 20 days before the sale if the deed of trust includes a request for notice, as well as publish the notice in a local newspaper and post the notice on the property at least 20 days before the foreclosure sale.

Utah Foreclosure Protections

Utah law provides protections in accordance with the federal Service Members Civil Relief Act.

Utah law also provides protections to national guard members serving full-time with a recognized military unit called into service by the governor for at least 30 days.

Reinstatement and Redemption

In Utah, there is a three-month reinstatement period after the bank or trustee records the notice of default.

In Utah, foreclosed homeowners are not allowed to redeem the home after a nonjudicial foreclosure.

Deficiency Law

In Utah, the bank can request a deficiency judgment following a nonjudicial foreclosure if it files a lawsuit within three months after the foreclosure sale.

Eviction Notice

In Utah, if the homeowner does not leave the home after a foreclosure sale, the buyer must give the foreclosed homeowner a notice to leave before initiating the eviction process. For information regarding how to avoid foreclosure in Utah, visit HUD.gov.

2 years ago

Texas

For homeowners facing foreclosure in Texas, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in Texas can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Texas can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

Texas law requires two foreclosure notices:

  • The mortgage servicer, which manages a mortgage for a bank, must send the homeowner a notice of default and intent to accelerate, or a demand that the entire balance of the loan be repaid that allows at least 20 days to cure the default.
  • After the cure period ends, and at least 21 days before the foreclosure sale, the mortgage servicer then sends a notice of sale to each homeowner.

Texas Foreclosure Protections

Texas law provides protections in accordance with the federal Service Members Civil Relief Act.

Reinstatement and Redemption

In Texas, a homeowner can cure the default and reinstate the loan within 20 days after the bank serves the notice of default and intent to accelerate.

In Texas, however, you cannot redeem your home following a foreclosure.

Deficiency Law

In Texas, the bank can request a deficiency judgment after a foreclosure. To get a deficiency judgment after a nonjudicial foreclosure, the bank has to file a lawsuit within two years after the foreclosure sale.

Eviction Notice

In Texas, if the homeowner doesn’t leave the home after a foreclosure sale, the buyer has to give a notice to move out before initiating an eviction lawsuit or forcible detainer action. For information regarding how to avoid foreclosure in Texas, visit HUD.gov.

2 years ago

Tennessee

For homeowners facing foreclosure in Tennessee, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in Tennessee can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Tennessee can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

Tennessee law requires one foreclosure notice:

In Tennessee, the foreclosing party must:

Publish a notice of sale in a local newspaper three different times, with the first publication occurring at least 20 days before the sale, or post the notice of sale in several public places 30 days before the sale. On or before the date of the first publication, the trustee must send the homeowner a copy of the notice of sale.

Tennessee Foreclosure Protections

Tennessee law provides protections in accordance with the federal Service Members Civil Relief Act.

Tennessee law also provides protections to members of the reserves or the Tennessee National Guard. Under Tennessee law, if a member of the reserves or the Tennessee national guard entered into a mortgage or deed of trust to buy a home, and the service member is then called into active military service outside the United States, the bank cannot initiate the foreclosure process until 90 days after the service member returns to Tennessee.

In the case of a high-cost home loan, the bank must send a notice of right to cure to the homeowner at least 30 days before publishing the notice of foreclosure.

Reinstatement and Redemption

Tennessee law does not allow a homeowner with a right to cure the default and reinstate the mortgage loan before the foreclosure sale, unless the loan is a high-cost home loan, though the mortgage loan contract itself may provide this right.

In the case of a high-cost home loan, the homeowner can cure the default at any time prior to three business days before the foreclosure sale. The bank must send a notice before publishing the notice of foreclosure, or starting a judicial foreclosure, that allows the homeowner 30 days to reinstate. A homeowner’s right to cure the default prior to initiating a foreclosure process is only allowed once in any 12-month period.

In Tennessee, a homeowner has two years after the foreclosure to redeem the home unless the mortgage or deed of trust that was signed when taking out the loan specifically waives the right of redemption.

Deficiency Law

There is no anti-deficiency law in Tennessee, which means the bank can file a separate lawsuit after the foreclosure sale to be granted a deficiency judgment against the homeowner.

Eviction Notice

In Tennessee, once a nonjudicial foreclosure is over, the new homeowner can begin the eviction process. For information regarding how to avoid foreclosure in Tennessee, visit HUD.gov.

2 years ago

South Dakota

For homeowners facing foreclosure in South Dakota, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in South Dakota can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in South Dakota can also be nonjudicial but a court must confirm the sale.

South Dakota also allows voluntary foreclosures in which the bank and the homeowner agree that the bank will take immediate possession of the property. The homeowner agrees to forfeit the right to redeem the property and the bank agrees to forfeit the right to seek a deficiency judgment.

Foreclosure Notification

South Dakota law requires one foreclosure notice:

  • In a South Dakota nonjudicial foreclosure, the bank will serve the homeowner a notice of sale at least 21 days before the foreclosure sale date. The bank will also publish the notice in a local newspaper before the foreclosure sale date.

South Dakota Foreclosure Protections

South Dakota foreclosure law provides protections in accordance with the federal Service Members Civil Relief Act

South Dakota law also provides protections to members of the South Dakota National Guard ordered to active duty service by the Governor of the State of South Dakota or the President of the United States.

Reinstatement and Redemption

South Dakota law does not allow a homeowner to cure the default and reinstate the loan before the foreclosure sale in a nonjudicial foreclosure. However, the mortgage contract may allow the homeowner to reinstate.

South Dakota law does allow the homeowner to reinstate the mortgage loan before the foreclosure sale in a judicial foreclosure. If the homeowner pays the amount due before the court enters judgment, the court will dismiss the foreclosure action. If the homeowner pays the amount due before the foreclosure sale, the court will postpone the foreclosure action until the homeowner defaults again.

Under South Dakota law, homeowners have one year, 180 days, or 60 days to redeem the home after the foreclosure, depending on the circumstances. In general, the homeowner is allowed one year to redeem the home after the foreclosure sale. However, if the mortgage is a short-term redemption mortgage, the redemption period is 180 days after the buyer from the foreclosure sale records a certificate of sale in the land records. If the homeowner abandons the home, the buyer can request that the court reduce the redemption period to 60 days.

Deficiency Law

South Dakota law allows bank to request a deficiency judgment after a nonjudicial foreclosure. If the bank purchases the property, the amount of the deficiency is limited to the difference between the total debt and the property’s fair market value.

Deficiency judgments can also be requested in judicial foreclosures. The deficiency judgment amount will be the total debt minus the foreclosure sale price, though the court will consider the property’s value when deciding the amount of the deficiency.

Eviction Notice

In South Dakota, if the foreclosed homeowner does not leave the home after the redemption period, the buyer can give a three-day notice to leave before initiating the eviction process. For information regarding how to avoid foreclosure in South Dakota, visit HUD.gov.

2 years ago
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