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Many states allow deficiency judgments in one kind of foreclosure, but not another. Often, a deficiency can be pursued in a judicial foreclosure, but not if a power of sale clause is used to auction a home outside of the court process. Homeowners should look up their own state laws and type of foreclosure being used against them.
The following list should be taken as a guide and not as legal advice or as particularly relevant to one borrower's case.
These states allow deficiency judgments without limits in certain kinds of foreclosure:
- Alabama
- Alaska
- Connecticut
- Delaware
- District of Columbia
- Florida
- Hawaii
- Illinois
- Indiana
- Kentucky
- Louisiana
- Maryland
- Massachusetts
- Missouri
- New Hampshire
- Ohio
- Rhode Island
- Tennessee
- Virginia
- Washington
- Wyoming
These states allow deficiency judgments with certain limits on the amount that can be granted in a judgment:
- Arizona
- Arkansas
- California
- Colorado
- Idaho
- Iowa
- Kansas
- Maine
- Michigan
- Minnesota
- Mississippi
- Nebraska
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Oklahoma
- Pennsylvania
- South Carolina
- South Dakota
- Texas
- Utah
- Vermont
- West Virginia
- Wisconsin
Deficiency judgments are not allowed on residential properties in Oregon under judicial foreclosure proceedings, and at all in power of sale foreclosures.
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