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Equity of redemption (also termed right of redemption or equitable right of redemption) is a defaulting mortgagor's right to prevent foreclosure proceedings on the property and redeem the mortgaged property by discharging the debt secured by the mortgage within a reasonable amount of time (thereby curing the default).
Judicial foreclosure refers to foreclosure proceedings that take place through the court system. This type of foreclosure process often occurs when a mortgage note lacks a power of sale clause, which would legally authorize the mortgage lender to sell the property if a default occurred.
Redeeming the Property In some states, the borrower can redeem (repurchase) the property within a specific period after the foreclosure. In North Dakota, the borrower generally gets the right to redeem the property within 60 days after the sale except for property that's abandoned or agricultural.
When available, the redemption period generally ranges from 30 days to a year. In most states that provide a post-sale redemption period, specific factors often change the redemption period's length. For example: The redemption period might vary depending on whether the foreclosure is judicial or nonjudicial.
302, § 30. 32-19-18. Redemption. A party in a foreclosure action or the successor of a party may redeem from the foreclosure sale within sixty days after the sale, except for abandoned property as provided in section 32-19-19 and agricultural land.
Which state has the longest foreclosure process? The state with the longest foreclosure process is Hawaii, followed by Louisiana, Kentucky, Nevada, and Connecticut.
A deed in lieu of foreclosure is a contract between a lender and a borrower where the borrower transfers property to the lender. In turn, the lender waives the borrower's mortgage debt and does not pursue foreclosure.