Foreclosure Laws by State

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: First newspaper publication of the notice of foreclosure sale

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. For a homestead residence, a mailed redemption-rights notice at least 30 days before the foreclosure date (30 days)Code of Ala. 6-5-248(h)

   “This notice shall be mailed to the mortgagor at the address of the property subject to foreclosure at least 30 days prior to the foreclosure date by certified mail with proof of mailing.”

Right to redeem after the sale: 180 days from the date of the sale for residential property on which a homestead exemption was claimed in the tax year of the sale. Other property and other conditions are not covered here; see the statute.

Tax sale redemption

Sale type: Tax lien sale

Clock starts: Tax sale (date of the sale of the tax certificate of purchase)

Owner can redeem within 3 years of the tax sale (private buyer) (3 years)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Not yet checked.

Tax sale redemption

Not yet checked.

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of Trustee's Sale recorded

Earliest legal sale: at least 91 days after the clock starts

1. Sale may not be held before the 91st day after the notice of sale is recorded (91 days)A.R.S. 33-807(D)

   “The power of sale of trust property conferred upon the trustee shall not be exercised before the ninety-first day after the date of the recording of the notice of the sale.”

2. Notice of sale posted on the property at least 20 days before the sale (20 days; also before the sale)A.R.S. 33-808(A)(3)

   “Posting a copy of the notice of sale, at least twenty days before the date of sale in some conspicuous place on the trust property to be sold”

Right to redeem after the sale: none (no right of redemption after the sale)

Tax sale redemption

Sale type: Tax lien sale

Clock starts: Tax lien sale (date the county treasurer sold the tax lien certificate)

Owner can redeem the tax lien within 3 years of the tax lien sale (and after that until the treasurer's deed is delivered) (at least 3 years; redemption can continue until the treasurer's deed is delivered)

Probate creditor window

1. Creditors must present claims within 4 months after the first publication of the notice to creditors (4 months from the first publication of the notice to creditors)A.R.S. 14-3801(A)

   “notifying creditors of the estate to present their claims within four months after the date of the first publication of the notice or be forever barred”

Divorce and the house

Community property state

1. Property either spouse acquires during the marriage is community property, except for property the statute listsAriz. Rev. Stat. 25-211(A)

   “All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is:”

Foreclosure

Type: Judicial or non-judicial (both are used)

Clock starts: Notice of default and intention to sell recorded (statutory, non-judicial foreclosure)

Earliest legal sale: at least 60 days after the clock starts

This minimum is for the out-of-court (power of sale) route; a foreclosure through the courts follows other timing.

1. Statutory (non-judicial) foreclosure: no sale until at least 60 days after the notice of default and intention to sell is recorded (60 days)Ark. Code 18-50-103(5) and 18-50-104(a)(2), as amended by Act 885 of 2011 (act text)

   “A period of at least sixty (60) days has elapsed since the”

Tax sale redemption

Sale type: Tax deed sale

Clock starts: Commissioner of State Lands tax-delinquent sale (auction or online sale of the parcel)

No redemption after the Commissioner of State Lands sale; owner must redeem before 4:00 p.m. CST on the last business day before the sale (no fixed day count)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of Default recorded

Earliest legal sale: at least 3 months + 20 days after the clock starts

1. Trustee-sale route: at least three months must pass after the notice of default is recorded before the notice of sale (3 months)Cal. Civ. Code 2924(a)(2)

   “Not less than three months shall elapse from the filing of the notice of default.”

2. Notice of sale posted (and first newspaper publication) at least 20 days before the sale (20 days)Cal. Civ. Code 2924f(b)(2)

   “The first publication to be at least 20 days before the date of sale”

Tax sale redemption

Sale type: Tax deed sale

Clock starts: Tax sale (the commencement date of the tax collector's auction)

No redemption after the tax sale: the owner's right to redeem ends at close of business on the last business day before the sale starts (no fixed day count)

Probate creditor window

Not yet checked.

Divorce and the house

Community property state

1. Except as a statute provides otherwise, property a married person acquires during the marriage while living in California is community propertyCal. Fam. Code 760

   “Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.”

Foreclosure

Type: Public trustee sale (a court order authorizing the sale, under C.R.C.P. 120, is required)

Clock starts: Notice of Election and Demand recorded (public trustee foreclosure)

Earliest legal sale: at least 110 days after the clock starts

1. Public trustee sale of property that is not agricultural property: initial sale date is no less than 110 (and no more than 125) calendar days after the notice of election and demand is recorded (110 days)C.R.S. 38-38-108(1)(a)

   “In the case of a sale of property by the public trustee that is not agricultural property, no less than one hundred ten calendar days nor more than one hundred twenty-five calendar days after the date of recording of the notice of election and demand”

Tax sale redemption

Sale type: Tax lien sale

Clock starts: Tax lien sale (date of the sale)

Owner can redeem until the public auction; the lien holder can apply for that auction no sooner than 3 years after the tax lien sale (at least 3 years; redemption can continue until the public auction the lien holder can apply for)

Probate creditor window

1. Pre-death claims are barred if not presented within 1 year after death (1 year from the date of death)C.R.S. 15-12-803(1)(a)(III)

   “As to all creditors, within one year after the decedent's death.”

2. Notice to creditors sets a claim date no earlier than 4 months after first publication (capped at 1 year after death) (4 months from the first publication of the notice to creditors)C.R.S. 15-12-801(1)

   “a date not earlier than four months from date of first publication or the date one year from date of death, whichever occurs first”

Divorce and the house

Equitable distribution state

1. A Colorado divorce court sets apart each spouse's own property and divides the marital property, without regard to misconduct, in proportions it deems justC.R.S. 14-10-113(1)

   “shall set apart to each spouse his or her property and shall divide the marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors including:”

Foreclosure

Type: Judicial (through the courts)

Clock starts: Writ, summons and complaint returned to Superior Court (return date)

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Owner-occupied one-to-four family primary residence (foreclosure mediation program, return dates through June 30, 2029): the homeowner has until 15 days from the return date to file an appearance and foreclosure mediation certificate to get mediation (15 days)C.G.S. 49-31l(c)

   “The notice of foreclosure mediation shall instruct the mortgagor to file the appearance and foreclosure mediation certificate forms with the court not later than the date fifteen days from the return date for the foreclosure action.”

Tax sale redemption

Sale type: Tax deed sale

Clock starts: Tax sale (date of the collector's sale)

Owner can redeem within 6 months of the tax sale (60 days if the property is abandoned or meets a local ordinance's conditions) (6 months)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial (through the courts)

Clock starts: Scire facias sur mortgage complaint filed in Superior Court

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Automatic mediation: first mediation conference no sooner than 45 days after service (45 days)10 Del. C. § 5062C

   “The mediation conference must be scheduled for a date that is not less than 45 days from the date the notice of foreclosure mediation was served on the defendant”

2. After judgment: sheriff sale notice posted in 10 public places before the sale (10 days)10 Del. C. § 4973(a)

   “shall be given by advertisements posted, at least 10 days before the day of sale, in 10 of the most public places of the county where the premises are situated”

3. After judgment: sheriff sale advertised in newspapers for 2 weeks before the sale (2 weeks)10 Del. C. § 4973

   “Notice of such sale shall also be advertised for 2 weeks previous to the time of the sale in”

Right to redeem: none

Tax sale redemption

Sale type: Court tax foreclosure

Clock starts: Superior Court approval (confirmation) of the tax sale

Owner can redeem within 60 days after the Superior Court approves the tax sale (monition sale) (60 days)

Probate creditor window

1. Claims against the estate are barred unless presented within 8 months of death (8 months from the date of death)12 Del. C. 2102(a)

   “within 8 months of the decedent’s death whether or not the notice referred to in § 2101 of this title has been given”

Divorce and the house

Not yet checked.

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of intention to foreclose sent to the Mayor and recorded in the land records (with mediation certificate)

Earliest legal sale: at least 30 days after the clock starts

1. Sale at least 30 days after the Mayor receives the notice of intention to foreclose (30 days)§ 42-815(c)(1)(B), (c)(4)

   “A copy of the notice required by subparagraph (A) of this paragraph shall be sent to the Mayor, at least 30 days in advance of the date of the sale.”

Tax sale redemption

Sale type: Tax lien sale

Clock starts: Tax sale (date of the tax sale; buyer receives a certificate of sale)

Owner can redeem for at least 6 months after the tax sale, and until a court judgment foreclosing the right of redemption becomes final (at least 6 months; redemption can continue until a court judgment foreclosing the right of redemption becomes final)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial (through the courts)

Clock starts: Foreclosure complaint filed in circuit court (with lis pendens)

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Show-cause hearing (expedited route) no sooner than 20 days after service of the order or 45 days after service of the complaint, whichever is later (45 days)s. 702.10(1)(a)1.

   “The date for the hearing may not occur sooner than the later of 20 days after service of the order to show cause or 45 days after service of the initial complaint.”

2. Sale date set 20 to 35 days after final judgment (20 days)s. 45.031(1)(a)

   “the court shall direct the clerk to sell the property at public sale on a specified day that shall be not less than 20 days or more than 35 days after the date thereof”

3. Notice of sale published for 2 consecutive weeks, second newspaper publication at least 5 days before sale (5 days)s. 45.031(2)

   “The second publication by newspaper shall be at least 5 days before the sale.”

Right to redeem after the sale: none after the clerk files the certificate of sale (or later time set in the judgment)

Tax sale redemption

Sale type: Tax lien sale

Clock starts: April 1 of the year the tax certificate was issued (the certificate itself is sold at the county's annual certificate sale)

Owner can redeem until a tax deed is issued; the certificate holder cannot apply for a tax deed until 2 years after April 1 of the year the certificate was issued (at least 2 years; redemption can continue until a tax deed is issued)

Probate creditor window

1. Most claims are barred 2 years after death, whether or not letters were issued. This does not apply to a claim filed within those 2 years that is still unpaid, and it does not affect a recorded mortgage or other lien (2 years from the date of death)Fla. Stat. 733.710(1)

   “2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent, whether or not letters of administration have been issued, except as provided in this section. (2) This section shall not apply to a creditor who has filed a claim pursuant to s. 733.702 within 2 years after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705 . (3) This section shall not affect the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien.”

2. Most claims must be filed by the later of 3 months after the first publication of the notice to creditors or, for a creditor who must be served with the notice, 30 days after service (3 months from the first publication of the notice to creditors)Fla. Stat. 733.702(1)

   “binding on the estate, on the personal representative, or on any beneficiary unless filed in the probate proceeding on or before the later of the date that is 3 months after the time of the first publication of the notice to creditors or, as to any creditor required to be served with a copy of the notice to creditors, 30 days after the date of service on the creditor”

Divorce and the house

Not yet checked.

Foreclosure

Not yet checked.

Tax sale redemption

Sale type: Tax deed sale

Clock starts: Tax sale (date of the sale)

Owner can redeem within 12 months of the tax sale (and after that until the buyer's barment notice forecloses redemption) (at least 12 months; redemption can continue until the buyer's barment notice forecloses redemption)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial or non-judicial (both are used)

Clock starts: Notice of default and intention to foreclose served on the owner (power-of-sale route)

Earliest legal sale: at least 120 days after the clock starts

This minimum is for the out-of-court (power of sale) route; a foreclosure through the courts follows other timing.

1. Power-of-sale route: the cure deadline in the notice of default must be at least 60 days after the notice (60 days)HRS 667-22(a)(6)

   “The date by which the default must be cured, which shall be at least sixty days after the date of the notice of default and intention to foreclose”

2. Power-of-sale route, default not cured: public sale at least 60 days after the public notice of sale is distributed (and at least 14 days after its last required publication, whichever is later) (60 days)HRS 667-25(a)(1)

   “At least sixty days after the public notice of the public sale is distributed under section 667-27”

Right to redeem after the sale: In a power-of-sale foreclosure the owner can cure the default until three business days before the sale; there is no right to cure or redeem after that.

Tax sale redemption

Not yet checked.

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of Default recorded

Earliest legal sale: at least 120 days after the clock starts

1. Notice of sale mailed after the notice of default is recorded and at least 120 days before the sale (120 days)Idaho Code 45-1506(2)

   “Subsequent to recording notice of default as hereinbefore provided, and at least one hundred twenty (120) days before the day fixed by the trustee for the trustee’s sale”

Right to redeem after the sale: none (no right of redemption after the sale)

Tax sale redemption

Sale type: Tax deed sale

Clock starts: County's sale of the tax-deeded property (county deed / contract of sale)

No redemption after the county sells the property; the owner may redeem only until the county contracts to sell it or transfers it by county deed (no fixed day count)

Probate creditor window

1. Creditors must present claims within 4 months after the first publication of the notice (4 months from the first publication of the notice to creditors)Idaho Code 15-3-801(a)

   “notifying creditors of the estate to present their claims within four (4) months after the date of the first publication of the notice or be forever barred”

Divorce and the house

Community property state

1. Apart from separate property, property either spouse acquires after marriage is community propertyIdaho Code 32-906(1)

   “All other property acquired after marriage by either husband or wife is community property.”

Foreclosure

Type: Judicial (through the courts)

Clock starts: Complaint to foreclose mortgage filed (and lis pendens recorded)

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Owner's redemption period: for a residential mortgage, the later of 7 months after the owner is served or 3 months after the judgment (sale cannot happen until it ends, unless shortened or waived) (7 months)735 ILCS 5/15-1603(b)(1)

   “the redemption period shall end on the later of (i) the date 7 months from the date the mortgagor or, if more than one, all the mortgagors (A) have been served with summons”

2. Notice of sale published once a week for at least 3 consecutive calendar weeks, the last at least 7 days before the sale (7 days)735 ILCS 5/15-1507(c)(2)

   “the first such notice to be published not more than 45 days prior to the sale, the last such notice to be published not less than 7 days prior to the sale”

Right to redeem (before the sale): for a residential mortgage, the owner can redeem until the later of 7 months after being served or 3 months after the judgment of foreclosure.

Tax sale redemption

Sale type: Tax lien sale

Clock starts: Tax sale (date of the sale)

Owner can redeem within 3 years of the tax sale (ordinary home; certificates issued on or after 7-10-2026) (3 years)

Probate creditor window

1. Claims are barred 2 years after death, whether or not letters issue (2 years from the date of death)755 ILCS 5/18-12(b)

   “barred 2 years after decedent's death, whether or not letters of office are issued upon the estate of the decedent”

2. Claim date in the notice must be at least 6 months after first publication (6 months from the first publication of the notice to creditors)755 ILCS 5/18-3(a)

   “which date shall be not less than 6 months from the date of the first publication or 3 months from the date of mailing or delivery, whichever is later”

Divorce and the house

Equitable distribution state

1. An Illinois divorce court gives each spouse their non-marital property and divides the marital property in just proportions, without regard to marital misconduct750 ILCS 5/503(d)

   “the court shall assign each spouse's non-marital property to that spouse. It also shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors, including:”

Foreclosure

Type: Judicial (through the courts)

Clock starts: Foreclosure complaint filed

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Homeowner (defendant) has 20 days after being served with the foreclosure complaint to file a response (Indiana Trial Rule 6, effective July 1, 2026) (20 days)Ind. Trial Rule 6 (court rule)

   “A response to a pleading must be filed within twenty days after service of the pleading.”

Also: When the papers are served by U.S. mail, three days are added to the response period

Also: A party may get one automatic 30-day extension of the response time by filing a notice with the court

Tax sale redemption

Not yet checked.

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial (through the courts)

Clock starts: Petition to foreclose filed

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. If the lender elected foreclosure without redemption and the owner filed a demand for delay: sale after 6 months from judgment for an owner-occupied 1-2 family home (3 months if deficiency waived) (months) (6 months)Iowa Code 654.21

   “the sale shall be held promptly after the expiration of six months, or three months if the petition includes a waiver of deficiency judgment, from entry of judgment.”

Tax sale redemption

Not yet checked.

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial (through the courts)

Clock starts: Petition to foreclose filed

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Sheriff's sale notice published once a week for 3 consecutive weeks, last publication 7-14 days before the sale (runs after judgment) (3 weeks)K.S.A. 60-2410(a)

   “Lands and tenements taken on execution shall not be sold until the officer gives public notice of the time and place of sale once each week for three consecutive weeks prior to the day of sale”

2. Last publication not less than 7 nor more than 14 days before the sale (7 days)K.S.A. 60-2410(a)

   “The last such publication shall not less than seven days nor more than 14 days prior to the day of sale.”

Tax sale redemption

Sale type: Court tax foreclosure

Clock starts: County tax sale (the date the county bid in the property at the annual delinquent-tax sale)

Owner can redeem within 3 years of the county's tax sale (homestead, or taxes only with no special assessments) (3 years)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial (through the courts)

Clock starts: Complaint to foreclose filed in circuit court

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Judicial sale advertised in a newspaper (KRS 426.560 requires publication under KRS ch. 424): at least one publication not less than 7 days before the sale (7 days)KRS 424.130(1)(b), applied to judicial sales by KRS 426.560

   “submit a bid, the advertisement shall be published at least once, but may be published two (2) or more times, provided that one (1) publication occurs not less than seven (7)”

Right to redeem: Only if the sale brings less than two-thirds of the appraised value, the owner may redeem within 6 months of the sale by paying the price plus 10% a year interest and the buyer's reasonable upkeep costs.

Tax sale redemption

Sale type: Court tax foreclosure

Clock starts: Master commissioner's foreclosure sale (court-ordered sale on a certificate of delinquency)

Only if the foreclosure sale brings less than 2/3 of appraised value: owner can redeem within 6 months of the sale (otherwise no redemption) (6 months)

Probate creditor window

1. If no personal representative is ever appointed, claims are barred 2 years after death (2 years from the date of death)KRS 396.011(1)

   “or where no personal representative has been appointed, within two (2) years after the decedent's death”

2. Claims are barred unless presented within 6 months after the personal representative is appointed (6 months from the date the executor was appointed)KRS 396.011(1)

   “unless presented within six (6) months after the appointment of the personal representative”

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial (through the courts)

Clock starts: Petition for executory process (or ordinary-process suit) filed; court orders a writ of seizure and sale

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. First newspaper advertisement of the sheriff's sale at least 30 days before the sale (immovables need two publications) (30 days)La. R.S. 43:203(2)

   “the first newspaper advertisement of such notice shall be published at least thirty days before the date of the judicial sale”

Tax sale redemption

Not yet checked.

Probate creditor window

Not yet checked.

Divorce and the house

Community property state

1. Community property includes property acquired while the community regime exists through the effort, skill or industry of either spouseLa. Civ. Code art. 2338

   “The community property comprises: property acquired during the existence of the legal regime through the effort, skill, or industry of either spouse;”

Foreclosure

Type: Judicial (through the courts)

Clock starts: Foreclosure complaint filed (civil action, District or Superior Court)

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. After judgment: 90-day redemption period before any sale (90 days)14 M.R.S. § 6322

   “On mortgages executed on or after October 1, 1975, the period of redemption shall be 90 days from the date of the judgment.”

2. After redemption expires: sale notice published 3 weeks; sale 30 to 45 days after first publication (30 days)14 M.R.S. § 6323(1)

   “the public sale must be held not less than 30 days nor more than 45 days after the first date of that publication”

3. Notice of sale mailed to parties who appeared before the sale (30 days)14 M.R.S. § 6323(2)

   “The notice must be mailed no less than 30 calendar days before the date of sale.”

Right to redeem (before the sale): for mortgages signed on or after October 1, 1975, the owner can redeem for 90 days from the date of the judgment. The public sale comes after that period.

Tax sale redemption

Not yet checked.

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial or non-judicial (both are used)

Clock starts: Order to docket (power of sale) or complaint to foreclose filed in circuit court

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Sale notice published once a week for 3 successive weeks, first at least 15 days before sale (15 days)Real Prop. § 7-105.1(o)

   “the first publication to be not less than 15 days before the sale and the last publication to be not more than 1 week before the sale.”

Tax sale redemption

Sale type: Tax lien sale

Clock starts: Tax sale (date of the sale)

Owner can redeem until the right of redemption is foreclosed; for an owner-occupied home the holder cannot even file to foreclose until 9 months after the sale (at least 9 months; redemption can continue until the right of redemption is foreclosed)

Probate creditor window

1. Claims are barred unless presented within 6 months after death (or 2 months after a mailed notice, if earlier) (6 months from the date of death)Md. Code, Est. & Trusts 8-103(a)(1)

   “unless presented within the earlier of the following dates: (1) 6 months after the date of the decedent’s death”

Divorce and the house

Equitable distribution state

1. After deciding what is marital property and its value, a Maryland court may transfer ownership of certain property, grant a money award, or both, to adjust the equitiesMd. Code, Fam. Law 8-205(a)(1)

   “after the court determines which property is marital property, and the value of the marital property, the court may transfer ownership of an interest in property described in paragraph (2) of this subsection, grant a monetary award, or both, as an adjustment of the equities and rights of the parties concerning marital property, whether or not alimony is awarded.”

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of mortgagee's sale first published in the newspaper

Earliest legal sale: at least 21 days after the clock starts

1. Notice of sale published once a week for 3 weeks; sale at least 21 days after first publication (21 days)M.G.L. c. 244, § 14

   “notice of the sale has been published once in each of 3 successive weeks, the first publication of which shall be not less than 21 days before the day of sale”

2. Notice of sale mailed to the owner by registered mail before the sale (14 days; also before the sale)M.G.L. c. 244, § 14

   “said notice to be mailed by registered mail at least 14 days prior to the date of sale to said owner or owners”

Tax sale redemption

Sale type: Tax deed sale

Clock starts: Tax taking or tax sale (date of the instrument of taking or sale)

Owner can redeem until the Land Court forecloses the right of redemption; the tax title holder cannot petition until 12 months after the taking or sale (at least 12 months; redemption can continue until the Land Court forecloses the right of redemption)

Probate creditor window

Not yet checked.

Divorce and the house

Equitable distribution state

1. In a Massachusetts divorce the court may assign to either spouse all or part of the other spouse's estate, in addition to or instead of alimonyM.G.L. c.208, s.34

   “In addition to or in lieu of a judgment to pay alimony, the court may assign to either husband or wife all or any part of the estate of the other, including but not limited to, all vested and nonvested benefits, rights and funds accrued during the marriage”

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: First publication of the notice of foreclosure sale (foreclosure by advertisement)

Earliest legal sale: at least 4 weeks after the clock starts

1. Notice of sale published once a week for 4 successive weeks before the sale (4 weeks) (4 weeks)MCL 600.3208

   “shall be given by publishing the same for 4 successive weeks at least once in each week, in a newspaper published in the county where the premises included in the mortgage and intended to be sold”

After the sale: After the sale: for a home of up to 4 units with a mortgage signed on or after January 1, 1965, the redemption period is 6 months when more than 66-2/3% of the original loan was still claimed due at the notice of foreclosure. Other cases (for example abandoned property) have other periods.

Tax sale redemption

Not yet checked.

Probate creditor window

1. If no proper notice to creditors is given, claims are barred 3 years after death (3 years from the date of death)MCL 700.3803(1)(c)

   “If the notice requirements of section 3801 or 7608 have not been met, within 3 years after the decedent's death.”

2. Creditors must present claims within 4 months after the notice to creditors is published (except that a claim already barred where the decedent lived is barred here too) (4 months from the first publication of the notice to creditors)MCL 700.3803(1)(a)

   “within 4 months after the date of the publication of notice to creditors”

Divorce and the house

Not yet checked.

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: First publication of the notice of mortgage foreclosure sale (foreclosure by advertisement)

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Notice of sale published for six weeks before the sale (6 weeks) (6 weeks)Minn. Stat. 580.03

   “Six weeks' published notice shall be given that such mortgage will be foreclosed by sale of the mortgaged premises or some part thereof”

2. Copy of the notice served on the occupant at least 4 weeks before the sale (4 weeks)Minn. Stat. 580.03

   “at least four weeks before the appointed time of sale a copy of such notice shall be served in like manner as a summons in a civil action in the district court upon the person in possession”

After the sale: After the sale: the owner may redeem within six months after the sale, except where the statute provides otherwise (a 12-month period applies in listed cases, and abandoned property can be shorter)

Tax sale redemption

Sale type: Court tax foreclosure

Clock starts: Tax judgment sale (land bid in to the State of Minnesota)

Owner can redeem within 3 years of the tax judgment sale (ordinary property, including homesteads) (3 years)

Probate creditor window

Not yet checked.

Divorce and the house

Equitable distribution state

1. A Minnesota divorce court makes a just and equitable division of the marital property, without regard to marital misconductMinn. Stat. 518.58, subd. 1

   “the court shall make a just and equitable division of the marital property of the parties without regard to marital misconduct, after making findings regarding the division of the property.”

Foreclosure

Not yet checked.

Tax sale redemption

Not yet checked.

Probate creditor window

1. Claims must be registered and probated within 90 days after the first publication of the notice to creditors (90 days from the first publication of the notice to creditors)Miss. Code 91-7-151

   “within ninety (90) days after the first publication of notice to creditors to present their claim”

Divorce and the house

Not yet checked.

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: First publication of the trustee's notice of sale (deed of trust)

Earliest legal sale: at least 20 days after the clock starts

1. At least 20 days' notice of the sale (20 days)RSMo 443.310

   “not less than twenty days' notice of such sale shall be given, whether so provided in such mortgage or deed of trust or not”

2. Notice mailed (certified or registered) to the record owner at least 20 days before the sale (20 days; also before the sale)RSMo 443.325.3

   “shall, not less than twenty days prior to the scheduled date of the sale, cause to be deposited in the United States mail an envelope certified or registered”

Tax sale redemption

Sale type: Tax lien sale

Clock starts: Delinquent land tax sale (date of the sale)

Owner has an absolute right to redeem for 1 year after the tax sale (first or second offering), and a defeasible right after that until the buyer gets the collector's deed (at least 1 year; redemption can continue until the buyer gets the collector's deed)

Probate creditor window

1. Claims against the estate are barred 1 year after death, whether or not an estate is opened (1 year from the date of death)RSMo 473.444.1

   “shall become unenforceable and shall be forever barred against the estate, the personal representative, the heirs, devisees and legatees of the decedent one year following the date of the decedent's death”

Divorce and the house

Equitable distribution state

1. A Missouri divorce court sets apart each spouse's nonmarital property and divides the marital property and debts in proportions it deems justRSMo 452.330.1

   “the court shall set apart to each spouse such spouse's nonmarital property and shall divide the marital property and marital debts in such proportions as the court deems just after considering all relevant factors including:”

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of Trustee's Sale recorded

Earliest legal sale: at least 120 days after the clock starts

1. Copy of the recorded notice of sale mailed at least 120 days before the sale (120 days)MCA 71-1-315(1)(a)

   “At least 120 days before the date fixed for the trustee's sale, a copy of the recorded notice of sale must be mailed by certified mail to”

2. Notice of sale posted on the property at least 20 days before the sale (20 days; also before the sale)MCA 71-1-315(1)(b)

   “At least 20 days before the date fixed for the trustee's sale, a copy of the recorded notice of sale must be posted in some conspicuous place on the property to be sold.”

Right to redeem after the sale: none (no right of redemption after the sale)

Tax sale redemption

Sale type: Tax lien sale

Clock starts: Attachment of the tax lien (the county's tax lien sale in July/August after the taxes go delinquent)

Owner can redeem until the first working day in August, 3 years after the tax lien attached (3 years)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of default recorded (trust deed)

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Sale at least 10 days after the last publication (10 days)Neb. Rev. Stat. 76-1007(1)

   “the last publication to be at least ten days but not more than thirty days prior to the sale, in some newspaper having a general circulation in each county”

2. Copy of notice of sale mailed to requesting parties at least 20 days before the sale (20 days)Neb. Rev. Stat. 76-1008(2)

   “At least twenty days before the date of sale, the trustee or the attorney for the trustee shall mail, by registered or certified mail with postage prepaid, a copy of the notice of the time and place of sale”

Right to redeem after the sale: none - the trustee's deed conveys title without right of redemption

Tax sale redemption

Sale type: Tax lien sale

Clock starts: Tax sale (date of the sale)

Owner can redeem until the buyer applies for a tax deed, which cannot happen until 3 years after the tax sale (ordinary home) (at least 3 years; redemption can continue until the buyer applies for a tax deed)

Probate creditor window

1. If notice is given as the statute requires, creditors must present claims within 2 months after the first publication of the notice to creditors (2 months from the first publication of the notice to creditors)Neb. Rev. Stat. 30-2485(a)(1)

   “Within two months after the date of the first publication of notice to creditors if notice is given in compliance with sections”

Divorce and the house

Not yet checked.

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of Default and Election to Sell recorded

Earliest legal sale: at least 3 months + 20 days after the clock starts

1. At least 3 months must pass after the notice of default is recorded before the sale (notice of sale is given after this period) (3 months)NRS 107.080(2)(d)

   “Not less than 3 months have elapsed after the recording of the notice.”

2. Notice of sale posted for 20 days before the sale (20 days)NRS 107.080(4)(b)

   “Posting a similar notice particularly describing the property, for 20 days successively, in a public place in each county where the property is situated”

Right to redeem after the sale: none (no right of redemption after the sale)

Tax sale redemption

Sale type: Tax deed sale

Clock starts: Date of the tax receiver's trustee certificate (first Monday in June)

Owner can redeem within 2 years after the date of the county's trustee certificate (property not determined abandoned) (2 years)

Probate creditor window

1. Creditors must file claims within 90 days after the first publication of the notice to creditors (90 days from the first publication of the notice to creditors)NRS 147.040(1)

   “must file the claim with the clerk within 90 days after the mailing for those required to be mailed, or 90 days after the first publication of the notice to creditors”

Divorce and the house

Community property state

1. Property either spouse acquires after marriage, other than the separate property in NRS 123.130, is community property unless otherwise provided as listedNev. Rev. Stat. 123.220

   “All property, other than that stated in NRS 123.130 , acquired after marriage by either spouse or both spouses, is community property unless otherwise provided by:”

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of sale served on or mailed to the homeowner

Earliest legal sale: at least 45 days after the clock starts

1. Residential mortgage (a dwelling): notice of sale served or mailed to the owner at least 45 days before the sale (45 days)RSA 479:25, II(a)

   “at least 25 days before the sale, or in the case of a residential mortgage, at least 45 days before the sale.”

Tax sale redemption

Not yet checked.

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial (through the courts)

Clock starts: Foreclosure complaint filed in Superior Court, Chancery Division (with lis pendens)

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Residential mortgage: the lender must give the borrower a written notice of intention to foreclose (with the right to cure) at least 30 days, and not more than 180 days, before starting the foreclosure (30 days; before the clock starts)N.J.S.A. 2A:50-56(a) (as amended by P.L.2019, c.69) (act text)

   “the residential mortgage lender shall give the residential mortgage debtor notice of such intention, which shall include a notice of the right to cure the default as provided in section 5 of P.L.1995, c.244 (C.2A:50-57), at least 30 days, but not more than 180 days, in advance of such action as provided in this section.”

Tax sale redemption

Sale type: Tax lien sale

Clock starts: Tax sale (date of sale of the tax sale certificate)

Owner can redeem for at least 2 years after the tax sale (private certificate buyer); the right continues until a court judgment bars it (at least 2 years; redemption can continue until a court judgment bars it)

Probate creditor window

1. Creditors should present claims within 9 months after death; after that the personal representative is protected for assets already distributed (9 months from the date of death)N.J.S.A. 3B:22-4 (as amended by P.L.2004, c.132, s.84) (act text)

   “particulars of the claim, within nine months from the date of the decedent's death”

Divorce and the house

Equitable distribution state

1. In a New Jersey divorce the court may make awards to effect an equitable distribution of property either spouse acquired during the marriageN.J.S.A. 2A:34-23(h)(1) (as amended by P.L.2023, c.238, s.6) (act text)

   “in all actions where a judgment of divorce, dissolution of civil union, or divorce from bed and board is entered the court may make such award or awards to the parties, in addition to alimony and maintenance, to effectuate an equitable distribution of the property, both real and personal, which was legally and beneficially acquired by them or either of them during the marriage or civil union.”

Foreclosure

Type: Judicial (through the courts)

Clock starts: Foreclosure complaint filed in district court

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. After the homeowner is served with the summons and complaint: 30 days to file an answer before the case can move to default (30 days)Rule 1-012(A) NMRA (court rule)

   “A defendant shall serve his answer within thirty (30) days after the service of the summons and complaint upon him.”

Tax sale redemption

Not yet checked.

Probate creditor window

1. Claims are barred unless presented within 1 year after death (or earlier, under a notice to creditors) (1 year from the date of death)NMSA 1978 45-3-803(A)(1)

   “unless presented within the earlier of the following: (1) one year after the decedent's death”

2. Creditors must present claims within 4 months after the first publication of the notice to creditors (4 months from the first publication of the notice to creditors)NMSA 1978 45-3-801(A)

   “present their claims within four months after the date of the first publication of the notice or be forever barred”

Divorce and the house

Community property state

1. Community property is property either or both spouses acquire during the marriage that is not separate propertyNMSA 1978 40-3-8(B)

   “"community property" means property acquired by either or both spouses during marriage which is not separate property.”

Foreclosure

Type: Judicial (through the courts)

Clock starts: Summons and complaint filed with notice of pendency in Supreme Court

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. After the judgment of foreclosure and sale: notice of sale published (fastest option, at least twice a week for three weeks); the sale can be held no earlier than the 21st day after the first publication (3 weeks)RPAPL 231(2)(a)

   “If the publication is for three weeks, such sale shall take place on any day on or after the twenty-first day and on or before the twenty-eighth day after the day of the first publication”

Tax sale redemption

Sale type: Court tax foreclosure

Clock starts: Lien date (the date the unpaid tax becomes a lien, set by the tax district)

Owner can redeem within 2 years after the lien date (outside New York City, under RPTL Article 11 in rem foreclosure) (2 years)

Probate creditor window

1. Fiduciary is protected for good-faith payments made before a claim is presented if the claim comes in more than 7 months after letters issue (7 months from the date the executor was appointed)N.Y. SCPA 1802

   “If any claim is not presented within 7 months from the date of issue of letters, the fiduciary shall not be chargeable for any assets or moneys that he may have paid in good faith”

Divorce and the house

Equitable distribution state

1. In a New York divorce, separate property stays separate and marital property is distributed equitably between the spousesN.Y. Dom. Rel. Law 236(B)(5)(b)-(c)

   “Separate property shall remain such. c. Marital property shall be distributed equitably between the parties, considering the circumstances of the case and of the respective parties.”

Foreclosure

Type: Power of sale, with a hearing before the clerk of superior court

Clock starts: Notice of hearing filed with the clerk of superior court (power-of-sale foreclosure special proceeding)

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Notice of hearing served at least 10 days before the clerk hearing (10 days)G.S. 45-21.16(a)

   “The notice shall specify a time and place for the hearing before the clerk of court and shall be served not less than 10 days prior to the date of such hearing.”

2. Appeal window after the clerk's order authorizing sale (10 days)G.S. 45-21.16(d1)

   “The act of the clerk in so finding or refusing to so find is a judicial act and may be appealed to the judge of the district or superior court having jurisdiction at any time within 10 days after said act.”

3. Notice of sale posted at the courthouse at least 20 days before the sale (20 days)G.S. 45-21.17(1)a

   “Be posted, in the area designated by the clerk of superior court for posting public notices in the county in which the property is situated, at least 20 days immediately preceding the sale.”

4. Notice of sale mailed to parties at least 20 days before the sale (20 days)G.S. 45-21.17(4)

   “The notice of sale shall be mailed by first-class mail at least 20 days prior to the date of sale to each party entitled to notice of the hearing provided by G.S. 45-21.16”

5. Newspaper notice published once a week for two successive weeks (7 days)G.S. 45-21.17(1)b.1, (2)a

   “The period from the date of the first publication to the date of the last publication, both dates inclusive, shall not be less than seven days, including Sundays”

6. Upset-bid period after the sale (rights become fixed only after 10 days with no upset bid) (10 days; after the sale)G.S. 45-21.27(a)

   “there may be successive upset bids each of which shall be followed by a period of 10 days for a further upset bid.”

Right to redeem after the sale: until the 10-day upset-bid period expires (no post-confirmation redemption)

Tax sale redemption

Not yet checked.

Probate creditor window

1. Notice to creditors must give a claim deadline at least 3 months after the first publication (3 months from the first publication of the notice to creditors)N.C.G.S. 28A-14-1(a)

   “which day must be at least three months from the day of the first publication or posting of the notice”

Divorce and the house

Equitable distribution state

1. On a party's request, a North Carolina court decides what is marital and divisible property and provides for its equitable distribution between the partiesN.C.G.S. 50-20(a)

   “Upon application of a party, the court shall determine what is the marital property and divisible property and shall provide for an equitable distribution of the marital property and divisible property between the parties in accordance with this section.”

Foreclosure

Type: Judicial (through the courts)

Clock starts: Summons and complaint filed (after the 30-90 day notice before foreclosure)

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Notice before foreclosure served on the record title owner at least 30 and not more than 90 days before the foreclosure action is commenced (not required for abandoned property or a deceased owner with no personal representative appointed) (30 days; before the clock starts)N.D.C.C. 32-19-20

   “At least thirty days and not more than ninety days before the commencement of any action or proceeding for the foreclosure of a mortgage on real estate, a written notice shall be served on the title owner of record of the real estate.”

Right to redeem after the sale: 60 days after sale

Tax sale redemption

Sale type: Tax deed sale

Clock starts: No tax sale: the county's tax lien foreclosure date (October 1 after the notice of foreclosure)

No redemption after the foreclosure date; the county takes a tax deed (the former owner keeps only a repurchase right while the county still holds title) (no fixed day count)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial (through the courts)

Clock starts: Complaint in foreclosure filed

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Homeowner (defendant) has 28 days after being served with the summons and complaint to answer (28 days after service by publication is complete, if served by publication) (28 days)Ohio Civ.R. 12(A)(1)

   “The defendant shall serve his answer within twenty -eight days after service of the summons and complaint upon him; if service of notice has been made by publication, he shall serve his answer within twenty-eight days after the completion of service by publication.”

2. After judgment and order of sale: the judgment creditor files with the court clerk a copy of the written notice of the sale, with proof of service endorsed on it, at least 7 calendar days before the sale (land cannot be sold until this is done) (7 days)ORC 2329.26(A)(1)(a)(ii)

   “At least seven calendar days prior to the date of the sale, files with the clerk of the court that rendered the judgment giving rise to the execution a copy of the written notice described in division (A)(1)(a)(i) of this section with proof of service endorsed on the copy”

Right to redeem after the sale: Until the court confirms the sale (no fixed number of days; no post-confirmation redemption)

Tax sale redemption

Not yet checked.

Probate creditor window

1. Creditor claims must be presented within 6 months after death (6 months from the date of death)Ohio Rev. Code 2117.06(B)

   “all claims shall be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period”

Divorce and the house

Equitable distribution state

1. In a divorce, an Ohio court decides what is marital and what is separate property and divides that property equitably between the spousesOhio Rev. Code 3105.171(B)

   “In divorce proceedings, the court shall, and in legal separation proceedings upon the request of either spouse, the court may, determine what constitutes marital property and what constitutes separate property. In either case, upon making such a determination, the court shall divide the marital and separate property equitably between the spouses, in accordance with this section.”

Foreclosure

Type: Judicial or non-judicial (both are used)

Clock starts: Petition (complaint) to foreclose filed in district court

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. If the mortgage waives appraisement, no order of sale until 6 months after the judgment (runs from judgment, not from filing) (6 months)12 O.S. sec. 760

   “expiration of six (6) months from the time of the rendition of the initial judgment”

2. Notice of sheriff's sale mailed to the owner at least 10 days before the sale (10 days)12 O.S. sec. 764(A)(1)

   “at least ten (10) days prior to the date of the sale, if the names and addresses of such persons are known”

Tax sale redemption

Sale type: Tax deed sale

Clock starts: Tax resale auction (held the second Monday of June once taxes are 3+ years delinquent)

No redemption after the tax resale - owner must pay before the resale auction starts (no fixed day count)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of Default recorded

Earliest legal sale: at least 120 days after the clock starts

1. Notice of sale served/mailed after the notice of default is recorded and at least 120 days before the sale (120 days)ORS 86.764(1)

   “After recording a notice of default as provided in ORS 86.752 and at least 120 days before the day the trustee conducts the sale”

Tax sale redemption

Sale type: Court tax foreclosure

Clock starts: Judgment of tax foreclosure entered (property sold to the county by the judgment)

Owner can redeem within 2 years of the foreclosure judgment (2 years)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial (through the courts)

Clock starts: Mortgage foreclosure complaint filed in the Court of Common Pleas

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. After judgment: written notice of sheriff sale served on owner and lienholders before the sale (30 days)Pa.R.C.P. No. 3129.2(c) (court rule)

   “shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1”

2. After judgment: sheriff sale advertised once a week for 3 weeks, first ad before the sale (21 days)Pa.R.C.P. No. 3129.2(d) (court rule)

   “the first publication to be made not less than twenty-one days before the date of sale”

Tax sale redemption

Sale type: Tax deed sale

Clock starts: Tax claim bureau upset sale (date of the sale)

No redemption after the upset tax sale (no fixed day count)

Probate creditor window

Not yet checked.

Divorce and the house

Equitable distribution state

1. When either spouse asks, a Pennsylvania divorce court equitably divides marital property in the percentages and manner it deems just after considering all relevant factors23 Pa.C.S. 3502(a)

   “Upon the request of either party in an action for divorce or annulment, the court shall equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such percentages and in such manner as the court deems just after considering all relevant factors.”

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of sale first published in the newspaper

Earliest legal sale: at least 21 days after the clock starts

1. Notice of sale published once a week for 3 weeks; first publication at least 21 days before the sale (21 days)R.I. Gen. Laws § 34-27-4(a)

   “the first publication of the notice shall be at least twenty-one (21) days before the day of sale, including the day of the first publication in the computation”

Tax sale redemption

Not yet checked.

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial (through the courts)

Clock starts: Summons and complaint to foreclose filed in circuit court

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Sale advertised for three weeks immediately before the sale day (3 weeks) (3 weeks)S.C. Code 15-39-650

   “publicly advertise the lands or tenements three weeks immediately previous to the sale day or days on which he means to expose them for sale”

Tax sale redemption

Sale type: Tax deed sale

Clock starts: Delinquent tax sale (date of the sale)

Owner can redeem within 12 months of the delinquent tax sale (12 months)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial or non-judicial (both are used)

Clock starts: Notice of foreclosure sale first published (foreclosure by advertisement)

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Foreclosure by advertisement: the foreclosing creditor serves a written copy of the notice of foreclosure sale on the mortgagor (and affected lien holders) at least 21 days before the date set for sale (21 days)Read the source (act text)

   “At least twenty-one days prior to the date set for sale, the foreclosing creditor shall serve a written copy of the notice of foreclosure sale on the mortgagor and any lien holder or encumbrancer whose interest in the property being foreclosed would be affected by the foreclosure.”

Right to redeem after the sale: one year from sale (180 days for a mortgage made under the One Hundred Eighty Day Redemption Mortgage Act)

Tax sale redemption

Sale type: Tax lien sale

Clock starts: Tax certificate sale (date of the sale)

Owner can redeem for at least 3 years after the tax certificate sale (buyer can't start a tax-deed proceeding sooner), then until 60 days after notice is served (at least 3 years; redemption can continue until 60 days after the notice is served)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of trustee's sale first published in a newspaper

Earliest legal sale: at least 20 days after the clock starts

1. Notice of sale first published in a county newspaper at least 20 days before the sale (20 days)T.C.A. 35-5-101(b), as rewritten by 2025 Pub. Ch. 515 (HB1127, House Amendment 1) (act text)

   “The initial publication in a newspaper must be at least twenty (20) days previous to the sale.”

Tax sale redemption

Sale type: Court tax foreclosure

Clock starts: Court's order confirming the tax sale entered

Owner can redeem within 1 year of the order confirming the tax sale (when taxes were delinquent 3 years or less) (1 year)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of Sale posted at the courthouse door and filed with the county clerk

Earliest legal sale: at least 21 days after the clock starts

1. Notice of sale posted, filed with county clerk and mailed at least 21 days before the sale (21 days)Sec. 51.002(b)

   “notice of the sale, which must include a statement of the earliest time at which the sale will begin, must be given at least 21 days before the date of the sale by”

Sale day: Sales are held only between 10 a.m. and 4 p.m. on the first Tuesday of a month (the first Wednesday when that Tuesday is January 1 or July 4)

Before the clock starts: For a home used as the debtor's residence, the servicer must first give at least 20 days to cure the default before the notice of sale can be given

Tax sale redemption

Sale type: Court tax foreclosure

Clock starts: Recording of the tax sale purchaser's deed

Owner of a residence homestead (or ag land) can redeem within 2 years after the buyer's deed is recorded (2 years)

Probate creditor window

Not yet checked.

Divorce and the house

Community property state

1. Community property is the property, other than separate property, that either spouse acquires during the marriageTex. Fam. Code 3.002

   “Community property consists of the property, other than separate property, acquired by either spouse during marriage.”

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of Default recorded

Earliest legal sale: at least 3 months + 30 days after the clock starts

1. At least 3 months must pass after the notice of default is recorded (3 months)Utah Code 57-1-24(2)

   “not less than three months has elapsed from the time the trustee filed for record under Subsection (1)”

2. Notice of sale on the state public legal notice website for 30 days before the sale (given after the 3 months) (30 days)Utah Code 57-1-25(1)(a)(ii)

   “in accordance with Section 45-1-101 for 30 days before the date the sale is scheduled”

3. Notice of sale posted on the property at least 20 days before the sale (20 days; also before the sale)Utah Code 57-1-25(1)(b)(i)

   “by posting the notice: (i) at least 20 days before the date the sale is scheduled”

Right to redeem after the sale: none (no right of redemption after the sale)

Tax sale redemption

Sale type: Tax deed sale

Clock starts: Tax sale (held in May or June after 4 years of delinquency)

No redemption after the tax sale: the owner can redeem only before the May/June tax sale held after 4 years of delinquency (no fixed day count)

Probate creditor window

1. Pre-death claims are barred unless presented within 1 year after death (or earlier, under a notice to creditors) (1 year from the date of death)Utah Code 75-3-803(1)(a)

   “unless presented within the earlier of the following dates: (a) one year after the decedent's death;”

2. Creditors must present claims within 3 months after first publication of the notice (3 months from the first publication of the notice to creditors)Utah Code 75-3-801(1)(a)

   “notifying creditors of the estate to present their claims within three months after the date of the first publication of the notice or be forever barred”

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial (through the courts)

Clock starts: Foreclosure complaint filed and served (Superior Court, Civil Division)

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. No sale of an owner-occupied home within 7 months (months) of service of the complaint, unless the court shortens it or the parties agree (7 months)12 V.S.A. § 4946(b)

   “No sale of a dwelling house when occupied by the owner as his or her principal residence at the time the plaintiff applies for entry of judgment may take place within seven months of service of the foreclosure complaint”

2. After the redemption period: notice of sale published 3 weeks, first publication before the sale (21 days)12 V.S.A. § 4952(b)

   “Notice of sale shall be published once in each of three successive weeks in a newspaper of general circulation in the town where the land lies, the first publication to be no fewer than 21 days before the day of sale.”

3. After the redemption period: notice of sale mailed to parties before the sale (30 days)12 V.S.A. § 4952(c)

   “shall be mailed after the last date of redemption in the decree but not fewer than 30 days before the date of the sale”

Right to redeem (before the sale): the court sets the redemption date, six months from the date of the decree unless the court orders a shorter time. The sale comes after that date.

Tax sale redemption

Sale type: Tax deed sale

Clock starts: Tax sale (day of the collector's sale)

Owner can redeem within 1 year of the tax sale (1 year)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Trustee's notice of sale mailed to the owner (the newspaper advertisement is the first public record)

Earliest legal sale: at least 60 days after the clock starts

1. Notice of sale mailed to owner at least 60 days before sale (owner-occupied home) (60 days)§ 55.1-321(A)

   “Mailing of a copy of the advertisement or a notice containing the same information to the owner by certified or registered mail no less than 60 days prior to such sale, in the case of a deed of trust conveying owner-occupied residential real estate”

2. Sale no earlier than 8 days after the first newspaper advertisement (8 days; also before the sale)§ 55.1-322(A)

   “The sale shall be held on any day following the day of the last advertisement that is no earlier than eight days following the first advertisement or more than 30 days following the last advertisement.”

Tax sale redemption

Sale type: Court tax foreclosure

Clock starts: Court-ordered tax sale (redemption ends at the sale)

No post-sale redemption: owner can redeem only up to the date of the court-ordered sale (no fixed day count)

Probate creditor window

Not yet checked.

Divorce and the house

Equitable distribution state

1. Based on the equities and listed factors, a Virginia divorce court has the power to grant either spouse a monetary award for their interest in marital propertyVa. Code 20-107.3(D)

   “In addition, based upon (i) the equities and the rights and interests of each party in the marital property, and (ii) the factors listed in subsection E, the court has the power to grant a monetary award, payable either in a lump sum or over a period of time in fixed amounts, to either party.”

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of Trustee's Sale recorded

Earliest legal sale: at least 120 days after the clock starts

1. Notice of trustee's sale recorded at least 120 days before the sale when the RCW 61.24.031 pre-foreclosure letter is required (90 days otherwise) (120 days)RCW 61.24.040(1)

   “At least 90 days before the sale, or if a letter under RCW 61.24.031 is required, at least 120 days before the sale, the trustee shall”

Sale day: The sale is held on a Friday (the following Monday if that Friday is a legal holiday)

Right to redeem after the sale: none (no right of redemption after the sale)

Tax sale redemption

Sale type: Court tax foreclosure

Clock starts: Tax foreclosure sale held by the county treasurer under a court judgment and order of sale

No redemption after the tax foreclosure sale (owner must pay by close of business the day before the sale) (no fixed day count)

Probate creditor window

1. Creditors (not reasonably ascertainable) must present claims within 4 months after first publication of notice (4 months from the first publication of the notice to creditors)RCW 11.40.051(1)(b)(i)

   “the creditor must present the claim within four months after the date of first publication of notice”

Divorce and the house

Community property state

1. Property acquired after marriage by either spouse or both, other than separate property under RCW 26.16.010 and 26.16.020, is community propertyRCW 26.16.030

   “acquired after marriage or after registration of a state registered domestic partnership by either domestic partner or either husband or wife or both, is community property.”

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Trustee's notice of sale published (Class II legal advertisement)

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Notice served on subordinate lienholders at least 20 days before sale (20 days)W. Va. Code §38-1-4

   “shall be served by certified mail, at least twenty days prior to the sale, upon any subordinate lienholder who has previously notified the primary lienholder by certified mail of the existence of a subordinate lien.”

Tax sale redemption

Not yet checked.

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.

Foreclosure

Type: Judicial (through the courts)

Clock starts: Foreclosure summons and complaint filed

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. After judgment, owner-occupied 1-4 family home, mortgage signed on or after April 27, 2016 (standard case, no deficiency waiver, no listing-agreement extension): no sale until 6 months after judgment (6 months)Wis. Stat. 846.10(2)(a)2.a.

   “upon the expiration of 6 months from the date when the judgment is entered. Notice of the time and place of sale shall be given under s. 846.16 (1) and may be given within the 6-month period, except that the first printing of the notice shall not be made less than 4 months after the date when the judgment is entered, and except that the sale of a farm shall not be made or advertised until the expiration of 6 months”

2. After judgment, owner-occupied 1-4 family home, mortgage signed before April 27, 2016 (standard case, no deficiency waiver): no sale until 12 months after judgment (12 months)Wis. Stat. 846.10(2)(a)1.

   “If the mortgage was executed before April 27, 2016, upon the expiration of 12 months from the date when the judgment is entered.”

3. After judgment, owner-occupied 1-4 family home where the lender elected in the complaint to waive any deficiency (s. 846.101) and the mortgage was signed on or after April 27, 2016: sale after 3 months from judgment (3 months)Wis. Stat. 846.101(2)(c)1.

   “upon the expiration of 3 months from the date when the judgment is entered. Notice of the time and place of sale shall be given under s. 846.16 (1) and may be given within the 3-month period”

Right to redeem (before the sale): the owner may redeem by paying the judgment, interest and costs to the clerk of court at any time before the sale.

Tax sale redemption

Not yet checked.

Probate creditor window

Not yet checked.

Divorce and the house

Community property state

1. All property of spouses is marital property, except property this chapter classifies otherwiseWis. Stat. 766.31(1)

   “All property of spouses is marital property except that which is classified otherwise by this chapter”

Foreclosure

Type: Non-judicial (power of sale, usually without a court case)

Clock starts: Notice of sale first published (foreclosure by advertisement and sale)

Earliest legal sale: no single total is checked yet; the checked waiting periods are below.

1. Notice of intent to foreclose mailed to record owner at least 10 days before publication begins (10 days; before the clock starts)W.S. 34-4-103(a)(iv)

   “by certified mail with return receipt, mailed to the last known address of the record owner and the person in possession at least ten (10) days before commencement of publication of notice of sale.”

Right to redeem after the sale: 3 months from sale (12 months for agricultural real estate)

Tax sale redemption

Sale type: Tax lien sale

Clock starts: Tax sale (date of the sale of the certificate of purchase)

Owner can redeem until a tax deed application is accepted - no earlier than 4 years after the tax sale (at least 4 years; redemption can continue until a tax deed application is accepted)

Probate creditor window

Not yet checked.

Divorce and the house

Not yet checked.