Deficiency Judgment Laws by State
Will the bank sue me after foreclosure? If your home sells for less than the mortgage balance, the difference is a deficiency. Many states allow lenders to pursue a deficiency judgment—others limit or bar it in common processes. Use the table below to see typical rules for your state (most-common process). It’s reference only—get local legal advice.
State ▾ | CommonForeclosureProcess ▾ | DeficiencyJudgmentAllowed ▾ | ConditionsSummary ▾ | SourceURL ▾ |
---|---|---|---|---|
Alabama | Nonjudicial | Yes | Allowed under common process. | View source |
Arizona | Nonjudicial | Not for 1–2 family on ≤2.5 acres | Anti-deficiency for typical homes/2.5 acres or less. | View source |
Arkansas | Nonjudicial | Yes | Permitted after sale. | View source |
Colorado | Nonjudicial | Yes | Permitted after sale. | View source |
Connecticut | Judicial | Yes | Permitted; judicial process. | View source |
Delaware | Judicial | Yes | Permitted; up to confirmation. | View source |
Florida | Judicial | Yes | Permitted; subject to court. | View source |
Georgia | Nonjudicial | Yes, if court confirms sale | Confirmation required. | View source |
Idaho | Nonjudicial | Yes | Permitted; nonjudicial process. | View source |
Illinois | Judicial | Yes, with personal service/appearance | Limited if no personal service. | View source |
Indiana | Judicial | Sometimes | Varies by case; see statute. | View source |
Iowa | Judicial | Sometimes | Varies; some judicial nuances. | View source |
Kansas | Judicial | Yes | Unless service by publication with no appearance. | View source |
Kentucky | Judicial | Yes | Generally permitted. | View source |
Louisiana | Judicial | Yes | Executory proceeding allows deficiency. | View source |
Massachusetts | Nonjudicial | Yes | Permitted after nonjudicial sale. | View source |
Michigan | Nonjudicial | Yes | Permitted after sale. | View source |
Minnesota | Nonjudicial | No (in most cases) | Anti-deficiency in most nonjudicial cases. | View source |
Mississippi | Nonjudicial | Yes | Permitted after sale. | View source |
Missouri | Nonjudicial | Yes | Permitted; sometimes limited. | View source |
New Jersey | Judicial | Yes | Permitted; redemption/confirmation interplay. | View source |
North Carolina | Nonjudicial | Yes, in some cases | Permitted with conditions; upset-bid process. | View source |
Ohio | Judicial | Yes | Permitted up to confirmation. | View source |
Pennsylvania | Judicial | Yes | Permitted after sale. | View source |
South Carolina | Judicial | Yes | Permitted; upset-bid nuance if deficiency sought. | View source |
Tennessee | Nonjudicial | Yes | Permitted; docs may waive redemption. | View source |
Texas | Nonjudicial | Yes | Permitted after sale. | View source |
Utah | Nonjudicial | Yes | Permitted after sale. | View source |
Virginia | Nonjudicial | Yes | Permitted after sale. | View source |
New York | Judicial | Yes, if personally served or appears | Limited if no personal service. | View source |
Wisconsin | Judicial | Yes | Permitted after judgment/sale. | View source |
Last reviewed: October 2025 by Aldric Property Solutions
FAQ
Avoid a deficiency—sell before the sale
We can buy your home for cash before foreclosure, helping you avoid auction, fees, and potential deficiency exposure.