Homes and Apartments

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

 

 

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. 
StateCommon foreclosure processDeficiency judgment allowed?Redemption allowed after sale?Reinstatement available under state law?
AlabamaNonjudicialYesYesNo
AlaskaNonjudicialNoNot 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
ArizonaNonjudicialNot for one- or two-family home on 2.5 acres or lessNoAvailable until 5:00 p.m. on the day before date of sale
(other than a Saturday or legal holiday)
ArkansasNonjudicialYesNoAllowed prior to sale
CaliforniaNonjudicialNoNoAllowed up to five business days before the sale date
ColoradoNonjudicialYesNoAvailable 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
ConnecticutJudicial (strict foreclosure or foreclosure by sale)YesStrict foreclosure: until Law DayForeclosure by sale: until court confirms the saleNo
DelawareJudicialYesYes (up until court confirms the sale)No
District of ColumbiaNonjudicialYesNoAllowed up to five business days before the sale, once in two consecutive years
FloridaJudicialYesYes, but must do so before the clerk files the certificate of sale, or the time stated in the foreclosure judgmentNo
GeorgiaNonjudicialYes, if a court confirms the saleNoHigh-cost home loans may be reinstated until title is transferred
HawaiiJudicialYesNoNo
IdahoNonjudicialYesNoAvailable within 115 days after notice of default is filed with county recorder
IllinoisJudicialYes, if borrower is personally served or enters an appearance in the actionYes, if loan owner purchases the home at the sale and the sale price was less than the total amount owedAvailable 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.
IndianaJudicialSometimesNoIf 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.
IowaJudicialSometimesSometimesAvailable within 30 days after notice of default if the land is
nonagricultural
KansasJudicialYes, unless borrower is served by publication and does not appear in the actionYesNo
KentuckyJudicialYes, generallySometimesGenerally, 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.
LouisianaJudicial (executory proceeding)YesNoNo
MaineJudicialYesNoBorrower 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.
MarylandNonjudicial (court must ratify)YesYes, but only up until court ratifies the saleAvailable until one day before sale date
MassachusettsNonjudicialYesNo90-day right to cure
MichiganNonjudicialYesYesNo
MinnesotaNonjudicialNo (in most cases)YesAvailable any time before the foreclosure sale
MississippiNonjudicialYesNoAvailable at any time before the sale
MissouriNonjudicialYesYesNo
MontanaNonjudicial under Small Tract Financing ActNo (in most cases)No (in most cases)Any time prior to sale under the Small Tract Financing
Act
NebraskaNonjudicialYesNoBorrower may reinstate by paying amount due within
one month after recordation of notice of default
NevadaNonjudicialYes (but not in certain cases)NoBorrower may reinstate up to five days prior to sale
New HampshireNonjudicialYesNoNo
New JerseyJudicialYesYes, up until court confirms the sale or if lender gets a deficiency judgmentAvailable up to date of final judgment of foreclosure.
Judgment may be delayed for 45 days if borrower needs
extra time to reinstate.
New MexicoJudicialYesYesBorrower 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 YorkJudicialYes, if borrower served personally or appears in the actionNoAvailable any time before final foreclosure judgment
(foreclosure will be dismissed) and any time after judgment, but before sale (foreclosure will be stayed)
North CarolinaNonjudicialYes, in some casesYes, during the upset bid period (initial upset-bid period lasts for 10 days after the report of sale is filed)No
North DakotaJudicialYes, but not for most owner-occupied homesYes (but not abandoned properties)Available within 30 days after service of the notice before foreclosure
OhioJudicialYesYes, up until the court confirms the saleNo
OklahomaJudicialYesYes, up until court confirms the saleNo
OregonNonjudicialNoNoAvailable up to five days before sale. The law limits the
amount borrower can be charged in attorney or trustee
fees.
PennsylvaniaJudicialYesNoAvailable until one hour before the bidding at the
foreclosure sale, but a maximum of three times in one year
Rhode IslandNonjudicialYesNoNo
South CarolinaJudicialYesNo, but if lender seeks a deficiency judgment, then borrower can make an upset bid during 30-day period following saleNo
South DakotaNonjudicialYesYesNo (unless the mortgage is a short-term redemption mortgage, then 20 days before acceleration)
TennesseeNonjudicialYesYes, unless loan documents waive right to redeemNo (except in the case of a high cost
home loan)
TexasNonjudicialYesNoAvailable within 20 days after foreclosing party serves (mails) the notice of default
UtahNonjudicialYesNoAvailable for three months after notice of default is
recorded
VermontJudicial (foreclosure by judicial sale or strict foreclosure)YesForeclosure by Judicial sale: redemption period is prior to saleStrict foreclosure: yes, after foreclosure decreeAvailable upon agreement before sale
VirginiaNonjudicialYesNoNo
WashingtonNonjudicialNoNoAvailable up to 11 days before sale
West VirginiaNonjudicialYesNoNotice 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.
WisconsinJudicialYesNoAvailable any time before judgment. Borrowers may
reinstate after judgment, but if they subsequently default, the foreclosure will continue.
WyomingNonjudicialYesYesNo

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