Falling behind on a mortgage is a staircase, not a cliff, and each step has rules. A late fee after the grace period; a credit report mark at 30 days; written options from the servicer by day 45; and — under federal servicing rules — no foreclosure filing until the loan is more than 120 days delinquent. Inside that window, a repayment plan, forbearance, deferral or loan modification costs far less than anything that comes later.
If the window has closed, the state decides what happens next: a trustee sale two months after notice in Texas or Georgia, a court case with mandatory mediation and years of process in New York or New Jersey, a right to buy the home back after the sale in Michigan or Alabama, and — in a handful of states — a bar on the lender ever suing you for the shortfall. Our state foreclosure pages lay out the process, timeline, redemption rights, mediation programs, state assistance and deficiency rules for all fifty.
Two things are true everywhere: HUD-approved housing counselors are free and know the programs, and anyone who asks for an upfront fee to “stop your foreclosure” is running a recognized scam. Start with what to do in the first 72 hours.
Start here
- Find out who backs your loan (FHA, VA, USDA, Fannie Mae, Freddie Mac, other) — it sets your options.
- Call the servicer’s loss mitigation line and log the date, name and reference number; ask for the application.
- Call a free HUD-approved counselor (800-569-4287) before you send anything.
- Read your state’s foreclosure page and write every deadline from your notices on a calendar.
- If you received a court summons, answer it before the deadline — an unanswered complaint becomes a default judgment.
Guides
- Can’t pay your mortgage this month? What to do in the next 72 hours
- Missed a mortgage payment? What happens at 30, 60, 90 and 120 days
- Forbearance vs loan modification (vs repayment plan vs deferral): which tool fits
- How foreclosure works, step by step: judicial and non-judicial
- Short sale vs deed in lieu of foreclosure: leaving the home on your terms
- How to write a mortgage hardship letter (with a one-page template)
- HUD-approved housing counselors: free help that servicers take seriously
- Foreclosure rescue scams: the six patterns and the federal rule that bans upfront fees
- Reinstatement and redemption: the two ways to stop a foreclosure with money
- Deficiency judgment after foreclosure: when you can still owe money
Editorial reviews
- Loan modification — editorial rating 3.4 / 5
Foreclosure rules by state
Process, timeline, redemption, mediation, state help and deficiency rules — full index.
- Alabama non-judicial, 1 to 3 months
- Alaska judicial or non-judicial, 3 to 5 months
- Arizona non-judicial, 3 to 5 months
- Arkansas judicial or non-judicial, 3 to 5 months
- California non-judicial, 4 to 8 months
- Colorado non-judicial, 4 to 6 months
- Connecticut judicial, 8 to 16 months
- Delaware judicial, 6 to 12 months
- Florida judicial, 6 to 14 months
- Georgia non-judicial, 1 to 2 months
- Hawaii judicial, 10 to 24 months
- Idaho non-judicial, 5 to 7 months
- Illinois judicial, 9 to 18 months
- Indiana judicial, 5 to 12 months
- Iowa judicial, 6 to 12 months
- Kansas judicial, 4 to 8 months
- Kentucky judicial, 6 to 12 months
- Louisiana judicial, 2 to 6 months
- Maine judicial, 10 to 20 months
- Maryland non-judicial, 4 to 9 months
- Massachusetts non-judicial, 6 to 12 months
- Michigan non-judicial, 2 to 3 months
- Minnesota non-judicial, 2 to 4 months
- Mississippi non-judicial, 1 to 3 months
- Missouri non-judicial, 1 to 2 months
- Montana non-judicial, 4 to 6 months
- Nebraska judicial or non-judicial, 3 to 5 months
- Nevada non-judicial, 4 to 7 months
- New Hampshire non-judicial, 2 to 4 months
- New Jersey judicial, 12 to 36 months
- New Mexico judicial, 6 to 12 months
- New York judicial, 18 to 48 months
- North Carolina non-judicial, 3 to 6 months
- North Dakota judicial, 4 to 8 months
- Ohio judicial, 6 to 12 months
- Oklahoma judicial or non-judicial, 4 to 8 months
- Oregon non-judicial, 5 to 9 months
- Pennsylvania judicial, 6 to 14 months
- Rhode Island non-judicial, 3 to 6 months
- South Carolina judicial, 6 to 10 months
- South Dakota judicial or non-judicial, 3 to 7 months
- Tennessee non-judicial, 1 to 2 months
- Texas non-judicial, 2 to 3 months
- Utah non-judicial, 4 to 6 months
- Vermont judicial, 10 to 18 months
- Virginia non-judicial, 2 to 4 months
- Washington non-judicial, 5 to 9 months
- West Virginia non-judicial, 1 to 3 months
- Wisconsin judicial, 8 to 14 months
- Wyoming non-judicial, 2 to 3 months
Frequently asked questions
How long before the bank can foreclose?
Under federal servicing rules, no foreclosure filing until the loan is more than 120 days delinquent, and none while a complete loss mitigation application is under review. After that, state law governs: a few months in non-judicial states, a year or more in most judicial states.
Should I pay a company to negotiate with my lender?
No. Under the FTC’s MARS rule, relief companies may not charge until you accept a written offer from your lender; HUD-approved counselors do the same work free. Upfront fees are the signature of foreclosure rescue scams.
Can I sell my house while in foreclosure?
Yes, up to the sale date in nearly every state. If the home is worth more than the debt, a normal sale pays off the loan; if not, a short sale with the lender’s approval — and a written deficiency waiver — is usually far better than letting the foreclosure finish.