Stop Home Foreclosure

Step 1: Understanding how foreclosures work


To stop home foreclosure it is important to understand the foreclosure timeline and foreclosure process. The foreclosure process varies by state. Local laws define specific required times and notices. This foreclosure timeline is provided to give you insight into how an average foreclosure process works. State specific information is provided where appropriate to allow you a better understanding of what you can expect in your area.  The information provided here is not legal advice. For specific information on your particular situation in your state contact a HUD approved counselor or an attorney (Step 5: Where you can go for foreclosure help).

 

The first step in understanding how foreclosures work is realizing that each state handles foreclosures differently.  To understand how your state handles foreclosures see our state foreclosure information.  For any terms you are not familiar with see our glossary.

 

 

Missed Payment

Lender will attempt to contact you; usually first by phone, then a by mail.

 

 

15-30 days

Lender will continue with more frequency to contact you. Late fees start to accrue.

 

 

45-60 days

A Letter of Demand (also called Letter to Accelerate, Letter of Breach, or Letter of Delinquency) is sent to you. The letter informs you that the lender will begin formal foreclosure proceedings if you don’t contact them and discuss a solution. The letter will provide a time frame (typically 30 days) during which you can contact the lender prior to the foreclosure process.

 

 

90-105 days

Notice of Default (NOD) is filed by the lender’s attorney at the local court house. You will receive a letter notifying you of the Notice of Default, which indicates the lender has begun formal foreclosure proceedings. The notice of default is public record and scam artist can use this information to contact you and attempt to take advantage of your situation (Step 6: How to avoid foreclosure scams). If you seek to repay your lender after this point, you will also have to repay their attorney fees and any other foreclosure related expenses.

 

Average time between Notice of Default and foreclosure sale for each state:

 

Alabama 2 months Montana 6 months
Alaska 4 months Nebraska 5 months
Arizona 3 months Nevada 4 months
Arkansas 4 months New Hampshire 3 months
California 4 months New Jersey 7 months
Colorado 4 months New Mexico 5 months
Connecticut 5 months New York 6 months
Delaware 4 months North Carolina 3 months
District of Colombia 2 months North Dakota 4 months
Florida 5 months Ohio 6 months
Georgia 3 months Oklahoma 5 months
Hawaii 5 months Oregon 7 months
Idaho 7 months Pennsylvania 6 months
Illinois 8 months Rhode Island 3 months
Indiana 7 months South Carolina 6 months
Iowa 6 months South Dakota 4 months
Kansas 4 months Tennessee 3 months
Kentucky 7 months Texas 2 - 3 months
Louisiana 4 months Utah 5 months
Maine 8 months Vermont 7 months
Maryland 4 months Virginia 3 months
Massachusetts 4 months Washington 5 months
Michigan 2 months West Virginia 4 months
Minnesota 3 months Wisconsin 9 months
Mississippi 3 months Wyoming 3 months

 

 

 

3-5 weeks prior to sale

Notice of sale letter sent to you.

Notice of sale published in local newspaper.

Notice of sale sign posted on your property.

 

 

25 days prior to sale

Notice of sale sent to IRS (if required)

 

 

14 days prior to sale

Record Notice of sale with local Recorder’s Office

 

 

Public sale of your house

 

 

One day after sale

Redemption period (if applicable) begins. The redemption period is the amount of time you have to re-acquire your house. You will have to repay all moneys owed (loan balance, fees, foreclosure costs) during this time to get your house back. Listed below are the redemption periods by state. If your state is not listed there is no redemption period and you don’t have the option of re-acquiring your home.

 

Alabama 12 months
Colorado 75 days
Indiana 3 months
Iowa 6 months (if it was a judicial foreclosure)
Kansas 6 - 12 months
Michigan 30 days to 1 year, usually 6 months
Minnesota 6 months
New Jersey 10 days
North Dakota 60 days
South Dakota 180 days
Wyoming 3 months

 

 


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The information contained in this site is based on our opinions, research, and experience dealing with the foreclosure process.  It does not constitute legal advice.  If you need legal advice specific to your personal situation, please consult an attorney.