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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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