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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