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Foreclosure Survival Guide

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Foreclosure Survival Guide (1st Edition)

Browsing

Here is an example of the steps you could use to find the Vermont foreclosure statutes by browsing. If you go online and follow along, you’ll pretty much know how to find the same law for your state.

Start by finding the statute’s citation on the Vermont page in the appendix. The law is called Vermont’s Strict Foreclosure Law, and the citation is Vermont Stat. Ann., Title 12, Section 4526.

Step 1: Go to www.justia.com.

Step 2: Scroll down to Laws: Cases & Codes.

Step 3: Click on Vermont.

Step 4: Click on the link to Vermont Code.

Step 5: Find and click on the relevant title. (For this statute, it’s Title 12.) This opens up a list of chapters.

Step 6: Scroll down until you reach the chapter that contains Section 4526, the section of Vermont’s strict foreclosure statute. It’s Chapter 163 (Chancery Proceedings).

Step 7: Click on Chapter 163.

Step 8: Scroll down to Section 4526, “Foreclosure of real or personal property.” You’re there!

Most other states arrange their statutes in a similar manner: by title, chapter, and section. Use the same method to find the statutes referenced on your state’s page.

Some states arrange their statutes in a slightly different manner. For example, if you were looking for Section 2323.07 of the Ohio Revised Code, you would use the first two numbers to find the correct title (Title 23). Click on that title, and then find the statute numbered 2323.07.

In New York, the citation to the foreclosure laws reads: N.Y. Real Prop. Acts. Law, Sections 1301 to 1391. You would find these statutes by first browsing the list of legal topics until you found “Real Property Actions and Proceedings.” Click on that topic and then browse until you find the article that contains Sections 1301 to 1391 (Action to Foreclose a Mortgage).

Your state may use a slightly different model from any of these. You may have to use a little ingenuity to get to the right statutes. As a general rule, the number at the left of the citation will be the number you use to start your search, whether it is the title, article, or chapter number. If for some reason the citation number doesn’t work, look for a subject heading dealing with foreclosure, real estate, or real property, or if you are in a judicial foreclosure state, civil procedure.

Foreclosure Statutes Can Be Hard to Read

Especially in Eastern states, foreclosure statutes come from English law adopted here in the 18th century. The language is very different than modern English (even modern legal English), and can be hard to understand.

Also, for reasons that escape me, they aren’t organized very well. For example, one relevant statute will be found in one section of the law while a closely related one will appear elsewhere. For example, some foreclosure laws are found in the code dealing with court procedure, while other laws are found in the part of the code dealing with real estate. So be prepared to look in several different parts of the code.