To foreclose in accordance with judicial procedures, a lender must prove that the mortgagor is in default. Once the lender has exhausted its attempts to resolve the default with the homeowner, the next step is to contact an attorney to pursue court action. The attorney contacts the homeowner to try to resolve the default. If the mortgagor is unable to pay off the default, the attorney files a lis pendens (action pending) with the court. The lis pendens gives notice to the public that a pending action has been filed against the mortgagor. The purpose of the action is to provide evidence of a default and get the courts approval to initiate foreclosure.

State	Judicial	Non-Judicial	State	Judicial	Non-Judicial
Alabama	X	X	Montana	X
Alaska		X	Nebraska	X
Arizona	X	X	Nevada		X
Arkansas	X		New Hampshire		X
California		X	New Jersey	X
Colorado		X	New Mexico	X
Connecticut	X		New York	X
Delaware	X		North Carolina		X
Dist. of Col.		X	North Dakota	X
Florida	X		Ohio	X
Georgia		X	Oklahoma	X
Hawaii		X	Oregon		X
Idaho		X	Pennsylvania	X

Illinois	X		Rhode       Island		X
Indiana	X		South Carolina	X
Iowa	X		South Dakota	X	X
Kansas	X		Tennessee		X
Kentucky	X		Texas		X
Louisiana	X		Utah		X
Maine		X	Vermont	X
Maryland	X	X	Virginia		X
Massachusetts		X	Washington	X	X
Michigan	X	X	West Virginia		X
Minnesota		X	Wisconsin	X
Mississippi		X	Wyoming		X
Missouri		X