| Reasons why Landlord may keep a Security Deposit | |
Unpaid Rent | Unpaid Utilities |
Property Damage | Early Lease Termination |
What are you rights against housing discrimination? |
The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowner’s insurance companies whose discriminatory practices make housing unavailable to persons because of: https://www.justice.gov/crt/fair-housing-act-1 |
What state prohibit discrimination in housing related transactions? What protected classes of people are regulated under the law? |
Use interactive map at https://lawatlas.org/datasets/state-fair-housing-protections-1498143743
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| Key Aspects of State Foreclosure Law: 50-State Chart https://www.nolo.com/legal-encyclopedia/50-state-chart-key-aspects-state-foreclosure-law.html | ||||
| Definitions:Judicial – foreclosing party files a lawsuit in court and the case goes through the court.Nonjudicial = foreclosing party follows a set of state specific, out-of-court procedural steps to foreclose the home.Deficiency Judgment – a bank may file a lawsuit after the foreclosure seeking the difference between the sale price and the amount owed on the loan.Redemption period – foreclosed homeowners have a period of time to buy back or “redeem” the home after a foreclosure. Reinstatement – occurs when the borrower brings the delinquent loan current in one payment by paying the overdue payments, plus fees and expenses incurred as a result of the default. | ||||
| State | Common foreclosure process | Deficiency judgment allowed? | Redemption allowed after sale? | Reinstatement available under state law? |
| Alabama | Nonjudicial | Yes | Yes | No |
| Alaska | Nonjudicial | No | Not available after a nonjudicial foreclosure, unless the deed of trust specifically provides a right of redemption | Available any time before sale, but lender could refuse to reinstate if it filed two or more prior notices of default and the borrower cured the defaults |
| Arizona | Nonjudicial | Not for one- or two-family home on 2.5 acres or less | No | Available until 5:00 p.m. on the day before date of sale (other than a Saturday or legal holiday) |
| Arkansas | Nonjudicial | Yes | No | Allowed prior to sale |
| California | Nonjudicial | No | No | Allowed up to five business days before the sale date |
| Colorado | Nonjudicial | Yes | No | Available until noon the day before the sale provided the borrower files a notice of intent to cure with the public trustee no later than 15 calendar days before the sale date |
| Connecticut | Judicial (strict foreclosure or foreclosure by sale) | Yes | Strict foreclosure: until Law DayForeclosure by sale: until court confirms the sale | No |
| Delaware | Judicial | Yes | Yes (up until court confirms the sale) | No |
| District of Columbia | Nonjudicial | Yes | No | Allowed up to five business days before the sale, once in two consecutive years |
| Florida | Judicial | Yes | Yes, but must do so before the clerk files the certificate of sale, or the time stated in the foreclosure judgment | No |
| Georgia | Nonjudicial | Yes, if a court confirms the sale | No | High-cost home loans may be reinstated until title is transferred |
| Hawaii | Judicial | Yes | No | No |
| Idaho | Nonjudicial | Yes | No | Available within 115 days after notice of default is filed with county recorder |
| Illinois | Judicial | Yes, if borrower is personally served or enters an appearance in the action | Yes, if loan owner purchases the home at the sale and the sale price was less than the total amount owed | Available within 90 days after foreclosure complaint is served on borrower. Under High-Risk Home Loan Act, foreclosing party must serve notice of right to reinstate at least 30 days before starting foreclosure lawsuit. |
| Indiana | Judicial | Sometimes | No | If the borrower reinstates before the court enters judgment, the foreclosure must be dismissed. If the borrower reinstates after judgment, but prior to the sale, the foreclosure must be stayed (postponed). Reinstatement also available for high cost home loans (defined in Ind. Code § 24-9-2-8) any time before title is transferred by means of foreclosure. |
| Iowa | Judicial | Sometimes | Sometimes | Available within 30 days after notice of default if the land is nonagricultural |
| Kansas | Judicial | Yes, unless borrower is served by publication and does not appear in the action | Yes | No |
| Kentucky | Judicial | Yes, generally | Sometimes | Generally, no right to reinstate (except as permitted by the terms of the mortgage). If loan is a high-cost home loan (under Ky. Rev. Stat. Ann. § 360.100), foreclosing party must provide a notice of default giving the borrower at least 30 days to reinstate before filing the foreclosure complaint. |
| Louisiana | Judicial (executory proceeding) | Yes | No | No |
| Maine | Judicial | Yes | No | Borrower has the right to reinstate within 35 days after receiving the notice of right to cure. Also, lender, in its sole discretion, may let borrower reinstate the loan any time before the sale. |
| Maryland | Nonjudicial (court must ratify) | Yes | Yes, but only up until court ratifies the sale | Available until one day before sale date |
| Massachusetts | Nonjudicial | Yes | No | 90-day right to cure |
| Michigan | Nonjudicial | Yes | Yes | No |
| Minnesota | Nonjudicial | No (in most cases) | Yes | Available any time before the foreclosure sale |
| Mississippi | Nonjudicial | Yes | No | Available at any time before the sale |
| Missouri | Nonjudicial | Yes | Yes | No |
| Montana | Nonjudicial under Small Tract Financing Act | No (in most cases) | No (in most cases) | Any time prior to sale under the Small Tract Financing Act |
| Nebraska | Nonjudicial | Yes | No | Borrower may reinstate by paying amount due within one month after recordation of notice of default |
| Nevada | Nonjudicial | Yes (but not in certain cases) | No | Borrower may reinstate up to five days prior to sale |
| New Hampshire | Nonjudicial | Yes | No | No |
| New Jersey | Judicial | Yes | Yes, up until court confirms the sale or if lender gets a deficiency judgment | Available up to date of final judgment of foreclosure. Judgment may be delayed for 45 days if borrower needs extra time to reinstate. |
| New Mexico | Judicial | Yes | Yes | Borrower usually gets a 30-day opportunity to reinstate before the foreclosing party initiates foreclosure. Some borrowers may also reinstate at any time prior to the time title is transferred by means of foreclosure sale. |
| New York | Judicial | Yes, if borrower served personally or appears in the action | No | Available any time before final foreclosure judgment (foreclosure will be dismissed) and any time after judgment, but before sale (foreclosure will be stayed) |
| North Carolina | Nonjudicial | Yes, in some cases | Yes, during the upset bid period (initial upset-bid period lasts for 10 days after the report of sale is filed) | No |
| North Dakota | Judicial | Yes, but not for most owner-occupied homes | Yes (but not abandoned properties) | Available within 30 days after service of the notice before foreclosure |
| Ohio | Judicial | Yes | Yes, up until the court confirms the sale | No |
| Oklahoma | Judicial | Yes | Yes, up until court confirms the sale | No |
| Oregon | Nonjudicial | No | No | Available up to five days before sale. The law limits the amount borrower can be charged in attorney or trustee fees. |
| Pennsylvania | Judicial | Yes | No | Available until one hour before the bidding at the foreclosure sale, but a maximum of three times in one year |
| Rhode Island | Nonjudicial | Yes | No | No |
| South Carolina | Judicial | Yes | No, but if lender seeks a deficiency judgment, then borrower can make an upset bid during 30-day period following sale | No |
| South Dakota | Nonjudicial | Yes | Yes | No (unless the mortgage is a short-term redemption mortgage, then 20 days before acceleration) |
| Tennessee | Nonjudicial | Yes | Yes, unless loan documents waive right to redeem | No (except in the case of a high cost home loan) |
| Texas | Nonjudicial | Yes | No | Available within 20 days after foreclosing party serves (mails) the notice of default |
| Utah | Nonjudicial | Yes | No | Available for three months after notice of default is recorded |
| Vermont | Judicial (foreclosure by judicial sale or strict foreclosure) | Yes | Foreclosure by Judicial sale: redemption period is prior to saleStrict foreclosure: yes, after foreclosure decree | Available upon agreement before sale |
| Virginia | Nonjudicial | Yes | No | No |
| Washington | Nonjudicial | No | No | Available up to 11 days before sale |
| West Virginia | Nonjudicial | Yes | No | Notice of default must give the borrower ten days to cure the default and reinstate the loan. The borrower loses the right to reinstate after three defaults. |
| Wisconsin | Judicial | Yes | No | Available any time before judgment. Borrowers may reinstate after judgment, but if they subsequently default, the foreclosure will continue. |
| Wyoming | Nonjudicial | Yes | Yes | No |
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