The notices you must get, the sale, and reinstatement.
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightU.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this right11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this right11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this right15 U.S.C. § 1692e
A debt collector may not lie or mislead you. It cannot misstate how much you owe, pretend to be a lawyer or government official, or threaten something it cannot legally do or does not intend to do. It also cannot report credit information it knows is false, or fail to say a debt is disputed.
Read this right15 U.S.C. § 1692f
A debt collector may not use unfair or unconscionable means to collect. It cannot collect fees or charges that your loan contract or the law does not allow. It also cannot take or threaten to take your property through a non-court process when it has no present right to it, no real intention to take it, or the property is legally exempt.
Read this right15 U.S.C. § 1692g(a)
A debt collector must send you a notice with the amount of the debt, the creditor's name, and your rights — in its first message or within 5 days. You then have 30 days to dispute the debt in writing or ask for the original creditor's name. If you do, the collector must stop collecting until it mails you verification.
Read this right50 U.S.C. § 3953(a)
If you took out your mortgage before you entered military service, a foreclosure sale during your service — or within 1 year after it ends — is not valid unless a court approves it first (or you signed a valid waiver). A court can also pause the case or adjust the loan if military service affected your ability to pay.
Read this right50 U.S.C. § 3932(b)(1)
If you are in military service and get sued, the court must pause the case for at least 90 days if you ask and show that your duty keeps you from appearing. Before a court can enter a default judgment against you, the other side must file a sworn statement saying whether you are in the military, and the court may appoint a lawyer for you.
Read this right15 U.S.C. § 1641(g)
When your mortgage loan is sold or assigned to a new owner, the new owner must tell you in writing within 30 days. The notice must include who the new owner is, how to reach it, the date of transfer, and where the transfer is recorded.
Read this right15 U.S.C. § 1635(a)
For some loans that put a lien on the home you live in — like many home-equity loans or refinances with a new lender — you can cancel within 3 business days after closing. If the lender did not give you the required notices and disclosures, that time can stretch up to 3 years. You cancel by sending the lender written notice.
Read this right24 C.F.R. § 203.604(a)(1)
If you have an FHA-insured mortgage, your lender must meet with you — or make a reasonable effort to arrange a meeting — before three full monthly payments are unpaid and at least 30 days before starting foreclosure. A reasonable effort means at least two verifiable attempts to contact you. HUD now decides how the meeting may be held.
Read this right24 C.F.R. § 203.605(a)
If you have an FHA-insured mortgage, your lender must review loss-mitigation options every month before four full payments are unpaid, and take the appropriate action. FHA options can include special forbearance, loan modification, a partial claim (an interest-free second loan from HUD to cover arrears), a pre-foreclosure sale, or a deed in lieu.
Read this right12 C.F.R. § 1024.41(f)(1)
Your servicer cannot make the first notice or filing to start a foreclosure until your loan is more than 120 days delinquent. This gives you time to apply for help. There are narrow exceptions, such as a due-on-sale violation.
Read this right12 C.F.R. § 1024.41(f)(2)
If you send a complete application for help before the foreclosure is started, the servicer cannot start the foreclosure until it has decided and any appeal is over. If you send it after the foreclosure started but more than 37 days before the sale, the servicer cannot ask for a foreclosure judgment or order of sale, or hold the sale, until it has finished the review — unless you are denied and the appeal is over, you reject the offers, or you do not follow an agreement.
Read this right12 C.F.R. § 1024.41(h)
If your servicer denies you a loan modification and your complete application arrived 90 days or more before a sale (or before the foreclosure started), you can appeal. You have 14 days to appeal. Different staff must review it, and the servicer must decide within 30 days.
Read this right12 C.F.R. § 1024.41(b)(1)
When you apply for help (like a loan modification), your servicer must tell you within 5 business days whether your application is complete and what is missing, if you applied 45 days or more before a sale. If your complete application arrives more than 37 days before a sale, the servicer must review you for every option it has and tell you its decision in writing within 30 days.
Read this right12 C.F.R. § 1024.35(a)
If your mortgage servicer made a mistake — like not crediting a payment, charging a wrong fee, or giving a wrong payoff amount — you can send a written "notice of error." The servicer must confirm it got your letter within 5 business days. It then has to fix the error or explain in writing, after a reasonable investigation, why it thinks there was no error, usually within 30 business days.
Read this right12 C.F.R. § 1024.36(a)
You can ask your servicer in writing for information about your loan — for example your payment history, who owns your loan, or how your escrow was figured. The servicer must confirm it got your request within 5 business days and answer within 30 business days. If you ask who owns your loan, it must tell you within 10 business days.
Read this right12 C.F.R. § 1026.36(c)(3)
If you ask in writing how much it would take to pay off your mortgage, the lender or servicer must send you an accurate payoff statement within a reasonable time — no more than 7 business days. You need this to refinance, sell, or plan a way to save your home.
Read this right7 C.F.R. § 3555.301
If you have a USDA Rural Development guaranteed home loan, the lender must contact you promptly after a default, try to learn why you fell behind, and send a certified letter asking for an interview before you are 60 days behind. If you qualify, it must consider options in order: repayment agreement, special forbearance, loan modification, and a mortgage recovery advance. Streamline options may be available later.
Read this right38 C.F.R. § 36.4350(f)
If you have a VA-guaranteed home loan, the lender must have a system to work with delinquent borrowers: try to reach you by phone, send letters that explain your options, and make a face-to-face interview or a reasonable effort to arrange one when it has not reached you. VA lists workout options in order of preference: repayment plan, special forbearance, loan modification, short sale, and deed in lieu of foreclosure.
Read this rightAla. Code § 35-10-13
Most Alabama foreclosures happen outside court under a power of sale. The sale must be advertised in a county newspaper once a week for three weeks before it happens. Alabama law does not require a separate state notice of default, but most mortgages require a breach letter first.
Read this rightAlaska Stat. § 34.20.070(b)
If your Alaska foreclosure is for missed payments, you can stop it at any time before the sale date by paying the amount then in default (not the whole loan) plus actual attorney and foreclosure fees and costs. The trustee can refuse a cure if you already cured two or more earlier notices of default.
Read this rightAlaska Stat. § 34.20.070(a)–(c)
In an Alaska deed-of-trust foreclosure, the trustee must record a notice of default not less than 30 days after the default and not less than 90 days before the sale, and send you a copy. The sale must also be posted and published before it happens.
Read this rightAriz. Rev. Stat. § 33-811(C)
Arizona trustee sales happen outside court, but you can file a lawsuit and ask a judge for an order stopping the sale. Arizona law says you give up (waive) your defenses and objections to the sale unless a court order is entered before 5 p.m. on the last business day before the sale. So if you have a defense, act early.
Read this rightAriz. Rev. Stat. § 33-813(A)
In Arizona you can stop a trustee sale by paying what is past due (not the whole loan), curing other defaults and paying allowed costs and fees. You must do it before 5:00 p.m. Arizona time on the last business day before the sale. After you reinstate, the loan continues as if there had been no default.
Read this rightAriz. Rev. Stat. § 33-808(A), (C)(1)
An Arizona trustee sale can be held no sooner than the 91st day after the notice of sale is recorded. The notice must be recorded, mailed, posted on the property at least 20 days before the sale, and published once a week for four weeks in a newspaper.
Read this rightArk. Code Ann. § 18-50-114
In an Arkansas statutory foreclosure, you can cure the default at any time after the notice of default is recorded and before the sale. You pay the amount then due (not the part of the loan that would not be due without the default), plus actual costs and trustee’s and attorney’s fees.
Read this rightArk. Code Ann. § 18-50-104
Under Arkansas’s Statutory Foreclosure Act, a sale can happen only after at least 60 days have passed since the notice of default and intention to sell was recorded. The notice must be mailed to you, and the sale must be advertised before it happens.
Read this rightCal. Civ. Code § 2924.12(a)(1)–(2), (b)
Most California foreclosures happen outside court, but you can sue to stop one. Before the trustee’s deed is recorded, a borrower may ask a court for an injunction for a material violation of key Homeowner Bill of Rights rules, such as dual tracking. The sale stays stopped until the court finds the violation was fixed. After the sale, you may be able to seek damages instead.
Read this rightCal. Civ. Code § 2924c(e)
In California you can stop a trustee sale by paying the past-due amount plus allowed fees and costs. You do not have to pay off the whole loan. The right starts when the notice of default is recorded and lasts until five business days before the sale date. If the sale is postponed more than five business days, the right comes back.
Read this rightCal. Civ. Code § 2924(a)(2)–(3)
Before a notice of default is recorded, the servicer must contact you (or try hard to) to talk about options, then wait 30 days. After the notice of default is recorded, at least three months must pass before a notice of sale can be given. The notice of sale must then be mailed, posted and published at least 20 days before the sale.
Read this rightColo. Rev. Stat. § 38-38-104(1)
In a Colorado public-trustee foreclosure, the owner can cure the default by paying what is past due plus allowed fees and costs. To keep this right, you must file a written notice of intent to cure with the public trustee no later than 15 calendar days before the sale date. The trustee then gives you a cure statement with the exact amount and deadline.
Read this rightColo. Rev. Stat. § 38-38-108(1)(a)
A Colorado public-trustee sale must be set no less than 110 and no more than 125 calendar days after the notice of election and demand is recorded (longer for farmland). The public trustee mails and publishes a combined notice that tells you about your rights, including the right to cure.
Read this rightC.R.C.P. 120
Before a Colorado public trustee can sell a home, a court must issue an order authorizing the sale in a short hearing under Rule 120. You can file a written response and appear. The court mainly decides whether there is a reasonable probability of default and whether you are protected by the Servicemembers Civil Relief Act; other defenses are usually raised in a separate lawsuit.
Read this rightConn. Gen. Stat. § 49-31l
In Connecticut home foreclosure cases with return dates through June 30, 2029, the lender must give you notice of the Ezequiel Santiago Foreclosure Mediation Program with the complaint. If you file an appearance and the mediation request, the court schedules mediation, and the case is paused for a time while it happens.
Read this rightConn. Gen. Stat. § 8-265ee(a)
Before a Connecticut lender can start foreclosing on your home, it must send you a notice about the Emergency Mortgage Assistance Program (EMAP). You then have 60 days to meet or talk with the lender or a consumer credit counseling agency to work out the default, and to apply to the Connecticut Housing Finance Authority for emergency mortgage assistance.
Read this rightDel. Code tit. 10, § 5062C(a)–(b)
Delaware runs an Automatic Residential Mortgage Foreclosure Mediation Program for owner-occupied 1–4 family homes. A notice of foreclosure mediation must come with the complaint. Taking part lets you meet with the lender and a mediator to look for an alternative to foreclosure. File your answer on time unless a lawyer tells you otherwise.
Read this rightDel. Code tit. 10, § 5062B(a)(1)
For an owner-occupied 1–4 family home in Delaware, a foreclosure case cannot be filed until 45 days after the lender sends a notice of intent to foreclose. Delaware foreclosures go through court, and after judgment the sheriff’s sale must be advertised and you must be notified before it.
Read this rightD.C. Code § 42-815.01(b)(1)
In the District of Columbia you can cure your default and stop the sale by paying the past-due amount and allowed costs up to 5 business days before bidding begins. You can use this right no more than once in any two consecutive calendar years.
Read this rightD.C. Code § 42-815.02
In a D.C. nonjudicial foreclosure, the lender must send you a mediation election form with the notice of default. If you return it to the Mediation Administrator and the lender within 30 days of its mailing, you get mediation before the foreclosure can go forward. The lender must also send a loss-mitigation application to fill out.
Read this rightD.C. Code § 42-815(b)–(c)
Before a D.C. foreclosure sale, the lender must send you a written notice of intention to foreclose, with a copy to the Mayor, at least 30 days before the sale. The notice of default that starts the process also lists the amount needed to cure.
Read this rightFla. Stat. § 45.0315
Florida has no general law letting you reinstate by paying only what is past due, but your mortgage may allow it. Florida law does let you stop the sale by paying the full amount in the judgment, plus interest and costs. This right lasts until the clerk files the certificate of sale, or a later time set in the judgment.
Read this rightFla. Stat. § 45.031(1)(a), (2)
In Florida the court’s final judgment sets the clerk’s sale for a day not less than 20 and not more than 35 days later, unless the plaintiff agrees to a later date. Notice of sale must be published on a public website for two weeks or in a newspaper once a week for two weeks before the sale.
Read this rightFla. R. Civ. P. 1.140(a)(1)
Every Florida home foreclosure goes through court. After you are served, you generally have 20 days to file a written answer and raise your defenses, such as lack of standing or a missing notice. The bank must also swear that it holds the original note. If you do not answer, the bank can ask for a default judgment.
Read this rightO.C.G.A. § 44-14-162.2(a)
Most Georgia foreclosures happen outside court, on the first Tuesday of the month. The lender must send you written notice at least 30 days before the sale. The notice must name the person or company who can negotiate, change and modify your loan, and include a copy of the sale advertisement.
Read this rightHaw. Rev. Stat. § 667-71(a)
Hawaii’s Mortgage Foreclosure Dispute Resolution program applies to nonjudicial foreclosures of homes occupied by owner-occupants. If you elect it, you meet with the lender and a neutral to look for an alternative to foreclosure before the sale can go forward. Owner-occupants may instead convert the case to a court foreclosure, but not after electing dispute resolution.
Read this rightHaw. Rev. Stat. § 667-22(a)(6)
In a Hawaii nonjudicial foreclosure, the lender must serve you a notice of default and intention to foreclose. The notice must give a date to cure the default that is at least 60 days after the notice. The sale must then be published, and you may still cure up to shortly before the sale.
Read this rightIdaho Code § 45-1506(12)
In an Idaho trustee foreclosure, you can reinstate the loan by paying the amount then due (missed payments plus allowed fees and costs), not the whole balance. You must do it within 115 days after the notice of default is recorded.
Read this rightIdaho Code § 45-1506(2)
After the notice of default is recorded, the Idaho trustee must mail you the notice of sale by registered or certified mail at least 120 days before the sale. The notice is also served or posted and published. For a primary residence, a loan-modification request form comes with the notice of default.
Read this right735 ILCS 5/15-1504.5
Every Illinois home foreclosure goes through court. The lender must attach a Homeowner Notice to the summons that explains your rights, such as staying in the home until a judge orders otherwise and where to find help. You generally have 30 days after service to file an answer or appearance. Some counties, like Cook County, also run foreclosure mediation programs.
Read this right735 ILCS 5/15-1602
In Illinois you can reinstate your mortgage — pay what is past due plus allowed costs and fees — within 90 days after you are served with the foreclosure (or otherwise come under the court’s jurisdiction). If you reinstate, the case is dismissed. Servicers sometimes accept reinstatement later, but only the 90 days is a legal right.
Read this right735 ILCS 5/15-1603(b)(1)
In Illinois you can redeem (pay off the judgment) before the sale, until the later of 7 months after service or 3 months after the judgment for a home. If the lender buys the home at the sale for less than the full debt, you may also have a special right to redeem within 30 days after the court confirms the sale.
Read this rightInd. Code § 32-29-7-3
Indiana foreclosures go through court, so you can file an answer and raise defenses. In most cases the sheriff’s sale cannot be carried out until three months after the complaint was filed. The sale must also be advertised, with the first notice at least 30 days before the sale.
Read this rightInd. Code § 32-30-10.5-8
Indiana homeowners in foreclosure can ask the court for a settlement conference with the lender to look for a way to keep the home, such as a loan modification. You must tell the court you want to take part no later than 30 days after you are served with the complaint.
Read this rightInd. Code § 32-30-10.5-8(a)
Before a lender can file a foreclosure on your Indiana home, it must send you a presuit notice by certified mail at least 30 days ahead. The notice explains your rights, including the right to a settlement conference, and how to find housing counseling.
Read this rightIowa Code § 654.2D(2)–(4)
Before an Iowa lender can foreclose on a homestead (non-farm), it must give you a notice of right to cure. You then have 30 days from the notice to cure the default by paying what is past due. Before filing on a 1–2 family home you live in, the lender must also tell you about counseling and mediation help.
Read this rightKan. Stat. § 60-2410(a)–(b)
Kansas foreclosures go through court. After judgment, the sheriff’s sale must be published at least three times, and the last notice must run between 7 and 14 days before the sale. The court must also confirm the sale, and it can refuse if the price is inadequate.
Read this rightKy. R. Civ. P. 12.01
Kentucky foreclosures go through court. After you are served, you generally have 20 days to file a written answer and raise defenses. After judgment, the master commissioner has the home appraised and advertises the sale. Free help is available from the Kentucky Homeownership Protection Center.
Read this rightLa. Rev. Stat. § 13:3852(A)–(B)
Louisiana foreclosures usually go through court by “executory process.” The sheriff must serve you a notice of seizure that includes the first sale date, your rights, and where to find housing counseling. The first sheriff’s sale cannot be set earlier than 60 days after the judge signs the order.
Read this rightMe. Rev. Stat. tit. 14, § 6322
Maine home foreclosures go through court, so you can answer the complaint and raise defenses. If the court enters a foreclosure judgment, you still have 90 days from the judgment to redeem (pay what the judgment says) before the home can be sold. The sale must be advertised and mailed to you before it happens.
Read this rightMe. Rev. Stat. tit. 14, § 6111(1), (1-A)
Before a Maine lender can accelerate your loan or start foreclosure on your primary residence, it must send you a written notice of your right to cure the default by paying what is due. The lender cannot go forward until at least 35 days after that notice. Maine’s consumer credit bureau then sends you information about your rights and the mediation program.
Read this rightMe. Rev. Stat. tit. 14, § 6321-A
Maine’s Foreclosure Diversion Program offers court mediation in home foreclosure cases. The lender must attach a plain-language notice to the front of the complaint explaining how to answer and ask for mediation. If you ask for it on the answer form, a mediation session is scheduled with the lender.
Read this rightMd. Code, Real Prop. § 7-105.1(j)(1)
If the Maryland home in foreclosure is your owner-occupied home, you can ask the court for “postfile” mediation with the lender before a neutral mediator. The request is generally due 25 days after you are served with the order to docket and the final loss-mitigation affidavit. There is a filing fee, which may be waived if you cannot afford it.
Read this rightMd. Code, Real Prop. § 7-105.1(c)(1)–(4)
Before a Maryland foreclosure can be filed on a home, the lender must send you a written notice of intent to foreclose at least 45 days ahead. The notice must state the amount needed to cure the default and reinstate the loan, and it comes with a loss-mitigation application and housing-counseling information. After filing, the sale must also be advertised and you must be mailed notice before it.
Read this rightMd. Rule 14-211
Maryland foreclosures are filed in circuit court even under a power of sale, and the court must approve (ratify) the sale. Before the sale you can file a motion to stay and dismiss if you have a valid defense. After the sale you can file written exceptions (objections) before the court ratifies it.
Read this rightMass. Gen. Laws ch. 244, § 35A(a)
Massachusetts gives homeowners a 90-day right to cure a missed payment by paying the amounts that are due, without the whole loan being called due. The lender must send you a written notice of this right. You can use it once in any five-year period.
Read this rightMass. Gen. Laws ch. 244, § 14
Before a Massachusetts foreclosure auction, the notice of sale must be published once a week for three weeks and mailed by registered mail to the owner at least 14 days before the sale. If the lender may seek a deficiency, it must also mail a separate warning at least 21 days before the sale.
Read this rightU.S. Bank Nat’l Ass’n v. Ibanez, 458 Mass. 637 (2011)
Massachusetts foreclosures usually happen outside court, but the foreclosing party must strictly follow the power of sale. Massachusetts’ highest court has held that a sale is void if the foreclosing party did not hold the mortgage when it gave notice and sold, or if the default notice did not strictly follow the mortgage. You can raise these problems in a lawsuit before the sale or as a defense to an eviction case after it.
Read this rightMCL 600.3208
Most Michigan foreclosures are “by advertisement,” outside court. The notice of sale must be published at least once a week for four weeks in a county newspaper, and a copy must be posted on the property within 15 days after the first publication. The law does not require the notice to be handed to you, so watch for postings and newspaper notices.
Read this rightMinn. Stat. § 582.043subd. 7
Minnesota law requires servicers to follow loss-mitigation rules and limits foreclosure sales while a timely application is being reviewed. If a servicer violates those rules, you can go to court to stop (enjoin) the sale or set it aside, and a winning homeowner can recover reasonable attorney fees. You must record a lis pendens before the redemption period ends.
Read this rightMinn. Stat. § 580.30subd. 1
In Minnesota you can stop a foreclosure at any time before the sale by paying the amount actually in default (not the whole loan), plus allowed costs and attorney fees. This works for foreclosures by advertisement and by court action. The loan then continues as if the default had not happened.
Read this rightMinn. Stat. § 580.03
A Minnesota foreclosure by advertisement requires six weeks of published notice. At least four weeks before the sale, a copy of the notice must be served on the person living in the home, the same way court papers are served. Other notices about your redemption rights and foreclosure advice come with it.
Read this rightMiss. Code Ann. § 89-1-59
In Mississippi you can stop a threatened foreclosure sale at any time before the sale by paying the installments actually past due (not the whole accelerated balance), plus accrued costs, attorneys’ fees and trustee’s fees on the past-due amount.
Read this rightMiss. Code Ann. § 89-1-55
A Mississippi foreclosure sale under a deed of trust must be advertised for three consecutive weeks before the sale in a newspaper in the county, and posted at the courthouse. State law does not require a separate notice of default, but most deeds of trust require a breach letter.
Read this rightMo. Rev. Stat. § 443.325
Most Missouri foreclosures are trustee’s sales outside court. The trustee must send you the notice of sale by certified or registered mail at least 20 days before the sale, and must publish the sale in a newspaper. Missouri law has no general right to reinstate, so ask the servicer early about catching up.
Read this rightMo. Rev. Stat. § 443.410
Missouri gives a narrow one-year right to redeem after a trustee’s sale, but only if the lender (or holder of the debt) buys the home. You must give written notice of your intent to redeem at the sale or within 10 days before it, and then pay the debt and interest within the year. A bond may also be required.
Read this rightMont. Code Ann. § 71-1-312(1)
In a Montana trustee foreclosure, you can stop the process at any time before the sale time by paying what is then due (not the part of the loan that would not be due without the default), plus actual costs and reasonable trustee and attorney fees. The foreclosure is then discontinued.
Read this rightMont. Code Ann. § 71-1-315(1)(a)
In a Montana trustee foreclosure, the recorded notice of sale must be mailed to you by certified mail at least 120 days before the sale. It must also be posted on the property and published in a newspaper.
Read this rightNeb. Rev. Stat. § 76-1012(1)
After a notice of default is recorded on a Nebraska trust deed, you have one month (two months for some farm property) to pay what is due — as if there had been no acceleration — plus allowed costs. The trust deed is then reinstated.
Read this rightNev. Rev. Stat. § 107.086(2), (3)
If you live in the home, the notice of default must tell you how to request mediation. To take part, you petition the district court within 30 days after the notice is served and pay a $25 fee (plus your share of the mediator fee). The trustee cannot sell while the mediation rules apply.
Read this rightNev. Rev. Stat. § 107.080(2)(a), (2)(d)
A Nevada trustee cannot sell until a notice of default and election to sell has been recorded and mailed, you have had 35 days to make good the missed payments (15 days in some older loans), and at least 3 months have passed since the notice was recorded. A notice of sale then follows before the auction.
Read this rightN.H. Rev. Stat. § 479:25II
You can petition the superior court to enjoin (stop) the scheduled foreclosure sale. You must file and serve the lender before the sale; if you do not, you lose most rights to challenge the foreclosure’s validity later.
Read this rightN.H. Rev. Stat. § 479:25I
For a residential mortgage, the lender must mail the notice of sale by registered or certified mail at least 45 days before the sale. The notice must also tell you that you can ask the superior court to stop the sale.
Read this rightN.J. Stat. § 2A:50-57a.
You can cure the default, undo the acceleration and reinstate your mortgage any time up to final judgment by paying what is past due plus allowed costs. This works even if the lender never sent the required notice. If you cure late (after the notice deadline), you cannot use this right again for 18 months.
Read this rightN.J. Stat. § 2A:50-77
New Jersey runs a permanent foreclosure mediation program for homeowners. A court may order mediation when the homeowner files an answer. Mediation is free and puts you at the table with the lender and a trained mediator to look for a solution.
Read this rightN.J. Stat. § 2A:50-56a.–c.
Before the lender can speed up the loan or file a foreclosure, it must send you a written Notice of Intention to Foreclose by registered or certified mail. It must arrive at least 30 days, but not more than 180 days, before the lawsuit. The notice must explain the default, how to cure it, and where to get help.
Read this rightN.J. Ct. R. 4:6-1(a)
New Jersey foreclosures go through the Superior Court. After you are served, you have 35 days to file an answer. Filing an answer makes the case “contested,” lets you raise defenses, and lets the court order mediation.
Read this rightN.M. Stat. Ann. § 58-21A-6
Under the Home Loan Protection Act, the lender must give you a notice of your right to cure at least 30 days before suing. Even after that, you can cure the default any time before title is transferred by the foreclosure sale.
Read this rightN.Y. Real Prop. Acts. Law § 1341
When only part of the loan is due, you can pay the court the past-due principal and interest plus the costs. If you pay before the judgment of sale, the court must dismiss the case. If you pay after judgment but before the sale, the court must stay (pause) the case.
Read this rightN.Y. Real Prop. Acts. Law § 1304(1)
For a home loan on the home you live in, the lender or servicer must send you a special notice at least 90 days before it sues to foreclose. The notice must list free housing counseling agencies near you. A foreclosure case filed without a proper 90-day notice can be dismissed.
Read this rightN.Y. C.P.L.R. 320(a)
New York foreclosures go through court. After you are served, you must appear (usually by filing an answer) within 20 days if the papers were handed to you, or 30 days if served another way. Answering lets you raise defenses such as a missing 90-day notice or the lender’s lack of standing.
Read this rightN.Y. C.P.L.R. 3408(a)
If you live in the home and the loan is a home loan, the court must hold a settlement conference within 60 days after the lender files proof that you were served. The goal is to look for a solution such as a loan modification. Both sides must negotiate in good faith.
Read this rightN.C. Gen. Stat. § 45-21.16(d)
Before a power-of-sale foreclosure can go forward, the clerk of superior court holds a hearing. The clerk can allow the sale only after finding a valid debt held by the party foreclosing, a default, the right to foreclose, and proper notice. Separately, you can ask a superior court judge to enjoin (stop) the sale on legal or equitable grounds before the sale becomes final.
Read this rightN.C. Gen. Stat. § 45-21.20
North Carolina has no statutory right to reinstate by paying only the missed payments. But the power of sale ends if you pay (or tender) the whole debt plus the sale expenses before the sale — or even after the sale, until the 10-day upset-bid period runs out.
Read this rightN.C. Gen. Stat. § 47F-3-116(f), (h)
A North Carolina planned-community association can foreclose its lien only if an assessment has been unpaid for 90 days or more, and only after its board votes to foreclose on your specific lot. A lien made up only of fines (or interest and lawyer fees tied only to fines) can be enforced only through a court foreclosure, not a power of sale.
Read this rightN.C. Gen. Stat. § 45-102
For a home loan on your primary residence, the servicer must send you a notice at least 45 days before starting the foreclosure hearing process. It must list what you owe and where to get help. Later, the notice of sale must be posted and mailed to you at least 20 days before the sale and published in a newspaper for two weeks.
Read this rightN.D. Cent. Code § 32-19-20
Before a North Dakota mortgage foreclosure starts, the owner of record must be served a written notice at least 30 and not more than 90 days ahead. It lists the amount needed to bring the loan current and says that if you pay within 30 days, the foreclosure will not go forward.
Read this rightOhio Rev. Code § 2329.26(A)
After a foreclosure judgment, your home cannot be sold until the lender serves you a written notice of the sale date, time and place (or the online auction date and website), files proof with the court at least seven days before the sale, and the sale is advertised. The home also cannot sell for less than two-thirds of its appraised value at the first sale.
Read this rightOhio Civ. R. 12(A)(1)
Ohio foreclosures go through the court of common pleas. You have 28 days after you are served with the summons and complaint to serve your answer. Answering lets you raise defenses and ask for mediation where your county offers it.
Read this rightOkla. Stat. tit. 46, § 43
If the home is your homestead, you can stop a power-of-sale (out-of-court) foreclosure and require a judicial foreclosure. Send the lender a certified-mail notice, at least 10 days before the sale, saying the property is your homestead and that you elect judicial foreclosure, and file a copy with the county clerk.
Read this rightOkla. Stat. tit. 46, § 44
Before a lender can use a power of sale (nonjudicial foreclosure) in Oklahoma, it must send you a written notice of the default. The notice must say you have 35 days from its date to cure the default and reinstate the mortgage.
Read this rightOkla. Stat. tit. 46, § 43
Instead of forcing court, a homestead owner in a power-of-sale foreclosure can send a certified-mail notice at least 10 days before the sale electing against a deficiency judgment. The sale can go ahead, but you cannot then be held for a deficiency.
Read this rightOr. Rev. Stat. § 86.778(1)
In an Oregon trustee foreclosure, you can cure the default any time up to five days before the last sale date set. For missed payments, you pay what would be due if there had been no default, plus allowed costs and fees, and the foreclosure is dismissed.
Read this rightOr. Rev. Stat. § 86.726(1)(a)
Before a lender files a notice of default or a foreclosure suit on a residential trust deed, it must first request a resolution conference (mediation) with you. You meet a housing counselor first; a small fee applies, with waivers available.
Read this rightOr. Rev. Stat. § 86.764(1)
After the notice of default is recorded, the notice of sale must be served or mailed to you at least 120 days before the trustee sale. Occupants also get a notice, and the sale is published in a newspaper.
Read this right41 P.S. § 404
Under Act 6, you can cure the default and stop the sale by paying the past-due amounts plus allowed fees and costs any time up to one hour before bidding starts at the sheriff’s sale. You can use this right up to three times a year.
Read this right35 P.S. § 1680.403c
Before a lender can foreclose on most Pennsylvania homes, it must send you an Act 91 Notice. You then have 30 days (plus 3 for mail) to meet with a PHFA-approved counseling agency and apply for the Homeowner’s Emergency Mortgage Assistance Program (HEMAP). The lender cannot foreclose during those 33 days.
Read this rightPa. R.C.P. 1026(a)
Pennsylvania foreclosures are lawsuits (“mortgage foreclosure” actions). If the complaint has a notice to defend, you must file your answer within 20 days after it is served. Many counties also run conciliation or diversion programs you can join.
Read this rightR.I. Gen. Laws § 34-27-4(b)
A Rhode Island foreclosure notice is not valid unless the lender mails you written notice of the time and place of sale by certified mail at least 30 days (for individual consumer borrowers) before the first newspaper publication. The sale is then advertised for three weeks.
Read this rightS.C. Code § 15-39-650
After the court orders a foreclosure sale, the sheriff (or master-in-equity) must publicly advertise the property for three weeks right before the sale day. This gives you time to pay, refinance, sell or seek help before the auction.
Read this rightS.D. Codified Laws § 21-48-9
If the lender starts a foreclosure by advertisement, you can apply to the court to require a foreclosure by lawsuit instead — you do not have to give a reason. The judge then orders the lender to stop the advertisement process and go through circuit court.
Read this rightS.D. Codified Laws § 21-48-6
A South Dakota foreclosure by advertisement requires publishing the notice once a week for four weeks. The notice must state the default, the amount claimed and that you can apply to have the foreclosure done in court instead.
Read this rightTenn. Code Ann. § 35-5-101
Before a Tennessee trustee sale, the sale notice must first be published in a newspaper at least 20 days before the sale. The trustee must also send you a copy by registered or certified mail on or before the first publication date.
Read this rightTex. Const. art. XVI, § 50(a)(6)(C), (D)
A Texas home-equity loan (cash-out loan on your homestead) can be foreclosed only with a court order, usually through the expedited Rule 736 process. You get a citation and can file a response — due the first Monday after 38 days from mailing. The loan is also non-recourse: the lender cannot sue you personally for any shortfall unless you got the loan by actual fraud.
Read this rightTex. Civ. Prac. & Rem. Code § 65.011
Most Texas foreclosures happen without a court, but you can file your own lawsuit and ask a judge for an injunction (a court order stopping the sale). For home-equity, HOA and tax-lien foreclosures that need a Rule 736 order, filing a separate lawsuit before 5 p.m. on the Monday before the sale automatically stops that process.
Read this rightTex. Prop. Code § 51.002(d)
If your home is your residence, the mortgage servicer must first send you a notice of default by certified mail. It must give you at least 20 days to cure (pay what is past due) before it can post your home for sale. The day the notice is sent counts as day one.
Read this rightTex. Prop. Code § 209.009
A Texas HOA may not foreclose if what you owe is only fines (or lawyer fees tied only to fines). To foreclose an assessment lien, the HOA must first get a court order, usually through the expedited Rule 736 process. Before charging you collection-agency fees, it must send a certified letter giving you at least 45 days to pay.
Read this rightTex. Prop. Code § 51.002(b)
The notice of sale must be given at least 21 days before the sale. It is posted at the courthouse door, filed with the county clerk (and posted on the county website), and sent to you by certified mail. Sales happen on the first Tuesday of the month between 10 a.m. and 4 p.m.
Read this rightUtah Code § 57-1-31(1)
After a notice of default is recorded, you have three months to pay what is then due (the missed payments plus allowed costs and fees) and reinstate the loan, as if there had been no default.
Read this rightUtah Code § 57-1-24(2), (3)
A Utah trustee sale cannot be noticed until at least three months after the notice of default is recorded. Only then does the trustee give notice of sale (mailed, posted and published).
Read this rightVt. Stat. Ann. tit. 12, § 4952(b), (c)
If the home is not redeemed, notice of the sale must be published once a week for three weeks (the first at least 21 days before the sale) and mailed to you at least 30 days before the sale.
Read this rightVt. Stat. Ann. tit. 12, § 4946(b)
In Vermont, redemption comes before the sale. If you live in the home, the court sets a redemption period of six months from the foreclosure decree unless it orders a shorter time. You can pay off the judgment during that period and keep the home.
Read this rightVa. Code § 55.1-321A
If the home is owner-occupied, the trustee must send you the notice of sale by certified or registered mail at least 60 days before the sale (14 days for other property). The notice must also include information about legal aid and HUD-approved housing counselors.
Read this rightRCW 61.24.130(1)
Even though Washington foreclosures usually happen without a court, you can sue to restrain (stop) a trustee sale on any proper legal or equitable ground. The court will usually require you to pay into court the regular monthly payments while the case is pending.
Read this rightRCW 61.24.090(1)
You can stop a Washington trustee sale by curing the default — paying the past-due amounts and allowed costs — any time before the 11th day before the sale date. The trustee must then discontinue the sale.
Read this rightRCW 61.24.163
Under the Foreclosure Fairness Act, a housing counselor or attorney can refer you to mediation with your lender. The referral can be made any time after a notice of default, but no later than 90 days before the sale date in the notice of trustee sale. The lender must mediate in good faith.
Read this rightRCW 61.24.031
Before a notice of default on an owner-occupied home, the lender must contact you (or try diligently) about options. If you respond within 30 days, you get 60 more days to meet before a notice of default. When that pre-default letter was required, the notice of trustee sale must be recorded and sent at least 120 days before the sale.
Read this rightW. Va. Code § 46A-2-106
Under the West Virginia Consumer Credit and Protection Act, after a default on a consumer loan the creditor may not accelerate or foreclose until ten days after giving you notice of your right to cure. During those days you can cure by paying the unpaid amounts (without acceleration) plus any delinquency charges.
Read this rightW. Va. Code § 38-1-4
The trustee must publish a notice of the trustee sale as a legal advertisement in the county where the property is, and send you a copy. A court has found about 18 days to be a reasonable time before the sale.
Read this rightWis. Stat. § 802.06(1)
Wisconsin foreclosures go through circuit court. You generally have 20 days after you are served with the complaint to serve an answer. Many counties also offer mediation through the Wisconsin Foreclosure Mediation Network.
Read this rightWis. Stat. § 846.05
When only some installments are due, paying the past-due principal, interest and costs into court before judgment gets the case dismissed; after judgment it stays the case. After judgment you can also redeem by paying the full judgment, interest and costs any time before the sheriff’s sale. Wisconsin gives a waiting (redemption) period between judgment and sale.
Read this rightWyo. Stat. § 34-4-103(a)(iv)
Before a Wyoming foreclosure by advertisement, the lender must send a written notice of intent to foreclose by certified mail to the record owner and the person living there, at least ten days before the sale notice is first published. The sale is then advertised for four weeks.
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