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In most states, lenders are required to provide a homeowner with sufficient notice of default. The lender must also provide notice of the property owner's right to cure the default before the lender can initiate a foreclosure proceeding. Written proof of money owed under the mortgage.
Home mortgagesthough generally recourseare non-recourse in 12 states: Alaska, Arizona, California, Connecticut, Idaho, Minnesota, North Carolina, North Dakota, Oregon, Texas, Utah and Washington.
In Hawaii, most homeowners who stop making their mortgage payments will face a judicial foreclosure. In the past, the majority of foreclosures in Hawaii were nonjudicial. But lenders switched to judicial foreclosures to bypass Hawaii's Mortgage Foreclosure Dispute Resolution (MFDR) program.
Keep in mind, your mortgage company doesn't want to foreclose on your home. Just like there are consequences for you, the foreclosure process is time-consuming and expensive for them. They want to work with you to resolve the situation.
There are currently 12 non-recourse states: Alaska, Arizona, California, Connecticut, Hawaii Idaho, Minnesota, North Carolina, North Dakota, Texas, Utah, and Washington.