The following is a list of the Mortgage states and Deed of ...
The following is a list of the Mortgage states and Deed of Trust states.
The only difference between a Mortgage state and a Deed of Trust state is the procedures necessary to foreclose on the property.
Generally, states that use mortgages conduct judicial foreclosures; states that use deeds of trust conduct non-judicial foreclosures. The principal difference between the two is that the judicial procedure requires court action.
STATE JUDICIAL(mortgage) NON-JUDICIAL(deed of trust)
Alabama X X
Alaska X
Arizona X X
Arkansas X X
California X
Colorado X
Connecticut X
Delaware X
Dist. Of Columbia X
Florida X
Georgia X
Hawaii X
Idaho X
Illinois X
Indiana X
Iowa X
Kansas X
Kentucky X X
Louisiana X
Maine X
Maryland X X
Massachusetts X
Michigan X X
Minnesota X
Mississippi X
Missouri X
Montana X
Nebraska X
Nevada X
New Hampshire X
New Jersey X
New Mexico X
New York X
North Carolina X
North Dakota X
Ohio X
Oklahoma X
Oregon X
Pennsylvania X
Rhode Island X
South Carolina X
South Dakota X X
Tennessee X
Texas X
Utah X
Vermont X
Virginia X
Washington X
West Virginia X
Wisconsin X
Wyoming X
Please note that any state listed above that is marked as both judicial and non-judicial means that you could have either a mortgage or a deed of trust for that state. This list has changed from last month. It appears that more and more states are converting to Deed of Trust for reasons foreclosure convenience.
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