State Foreclosure Law

Alaska Foreclosure Laws

Alaska is a non-judicial foreclosure state — the primary path uses the deed of trust power of sale under AS 34.20.070. Both non-judicial and judicial foreclosure are available, but non-judicial is overwhelmingly more common for residential properties.

Process

Non-Judicial

Out of court, under a power of sale §

Average Foreclosure Length

199 days

ATTOM average, Q2 2026: from the start of the foreclosure process to completion, for properties that completed foreclosure in Q2 2026. §

Homestead Exemption

$72,900

Must file to claim: objection within 15 days after levy · the rule §

Deficiency Judgment

Limited

Generally not allowed after non-judicial foreclosure §

29 source pages cited · Last checked Mar 10, 2026

Not legal advice. This page provides general information about Alaska foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Alaska-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Alaska foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Special foreclosure types
04 Lien priority
05 Statute of limitations
06 Probate & inheritance
07 Consumer protection & compliance
08 Legal aid & pro bono resources
09 Find help in Alaska
10 National foreclosure guides
11 Alaska distress data

Governing Statutes

Citation	Title	Covers
AS 34.20.070 et seq.	Deeds of Trust — Non-Judicial Foreclosure (Power of Sale)	Primary framework for non-judicial trustee's sale foreclosure of deeds of trust in Alaska. Establishes the requirements for the Notice of Default (NOD) (recording and mailing), public notice of the sale (posting and publication), trustee's sale procedures, and the bar on a deficiency judgment after a trustee's sale (AS 34.20.100).
AS 34.20.070(b), (c)	Notice of Default Requirements	Requires the trustee to record a Notice of Default (NOD) at least 30 days after the default and at least 90 days before the sale, and to mail a copy by certified mail within 10 days after recording. The NOD must describe the default, identify the property, and state the date, time, and place of the sale.
AS 34.20.080(a); AS 34.20.070(b); AS 09.35.140	Notice of Sale Requirements	Governs Notice of Sale requirements for non-judicial foreclosure. Public notice of the sale is given the way the law requires for a court execution sale: posted in three public places at least 30 days before the sale, published once a week for 4 successive weeks in a newspaper of general circulation published nearest to the place of sale, and published on a qualifying website starting at least 45 days before the sale. Sale must be at least 90 days after the NOD is recorded.
AS 34.20.100	Deficiency Judgment Prohibited After a Trustee's Sale	Once a trustee has sold property under a deed of trust under AS 34.20.070-34.20.130, bars any further action or judgment against the maker of the note, or a surety or guarantor, for a deficiency. The text does not limit this to homes, owner-occupied property, a number of units or purchase-money loans. It covers a sale by a trustee; after a court foreclosure, AS 09.45.170 and 09.45.180 let the court decide personal liability and let a deficiency be enforced by execution.
AS 09.45.170 et seq.	Judicial Foreclosure	Framework for judicial foreclosure of mortgages (and deeds of trust where chosen). Available but rarely used for residential properties because the non-judicial track is faster. After a judicial foreclosure sale, the borrower can redeem before the court confirms the sale or within 12 months after the order confirming it (AS 09.45.190; AS 09.35.250).
AS 09.45.190; AS 09.35.250	Right of Redemption After Judicial Foreclosure	Establishes the right to redeem after judicial foreclosure: property sold under a judgment of foreclosure may be redeemed the same way as property sold on execution. The borrower (or a successor in interest) can redeem before the court confirms the sale, or within 12 months after the order confirming it, by paying the purchase price plus interest at 8% a year from the date of sale and any taxes and certain expenses the purchaser paid.
AS 09.38.010; AS 09.38.080(f)	Homestead Exemption	Establishes a $72,900 homestead exemption for Alaska residents. Protects that amount of equity in the homeowner's primary residence from forced sale by judgment creditors. Does NOT protect against mortgage or deed of trust foreclosure. To claim it after a creditor levies on the home, an objection must be filed with the court clerk within 15 days after the levy.

Alaska Foreclosure Process and Your Rights

Alaska uses non-judicial foreclosure. In Alaska, foreclosures that finished in the second quarter of 2026 took an average of 199 days from the start of the foreclosure process to completion, according to ATTOM. §

Paying to stop the foreclosure: If the default is missed payments, you can cure it and stop the sale at any time before the sale date in the notice of default (or a postponed sale date) by paying the amount then in default plus the foreclosure fees and costs actually incurred. The notice of default must be recorded at least 90 days before the sale. If notices of default under the same deed of trust have been recorded two or more times before and those defaults were cured, the trustee may refuse payment and continue the sale. §
After the sale: No post-sale redemption after a non-judicial trustee's sale unless the deed of trust grants one. For judicial foreclosure only, you can redeem before the court confirms the sale or within 12 months after the order confirming it (AS 09.45.190; AS 09.35.250). §
Homestead exemption: $72,900. Protects up to $72,900 of equity in your primary residence from judgment creditors. Does NOT stop mortgage or deed of trust foreclosure. §
Mediation: Alaska does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Alaska foreclosure guide →

Special Foreclosure Types in Alaska

Beyond the standard non-judicial foreclosure process, Alaska law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure

HOA and COA assessment liens may be foreclosed in Alaska. §

The Alaska Common Interest Ownership Act (AS 34.08) grants associations a lien for unpaid assessments.

Tax Lien Foreclosure

Property tax liens have priority over mortgage liens in Alaska. §

Under state law, a municipality enforces delinquent real property tax liens by an annual foreclosure, filing a petition for judgment in superior court, unless its ordinance provides otherwise; details vary by municipality (Anchorage, Fairbanks North Star Borough, Mat-Su Borough, etc.).

Lien Priority in Alaska

Generally first in time, first in right. Alaska recording statutes govern lien priority.

HOA/COA liens under AS 34.08 may have lien priority features. Consult a local attorney for specific lien priority questions. Alaska Native allotment lands may have unique lien priority issues under federal law.

Statute of Limitations in Alaska

Mortgage Foreclosure

Varies §

We did not confirm a specific Alaska deadline for foreclosing a mortgage or deed of trust. AS 09.10.030 sets a 10-year limit on actions to recover real property or its possession, but it does not mention foreclosure. Consult a local attorney.

Written Contracts

3 years

Promissory Note

6 years §

Deficiency Judgment

Varies §

AS 34.20.100 bars a deficiency judgment after a trustee's sale under a deed of trust. After a court foreclosure, a deficiency can be enforced by execution (AS 09.45.180); we did not find a separate deficiency deadline. Consult a local attorney.

Probate & Inheritance in Alaska

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Alaska law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

Foreclosure must be served on the estate or personal representative of a deceased borrower.

Heir Protections

Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.

Executor Reinstatement Rights

The executor or personal representative may reinstate the mortgage by curing the default.

Garn-St. Germain Act

Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.

Uniform Partition of Heirs Property Act (UPHPA)

Not adopted in this state.

Consumer Protection & Compliance in Alaska

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Alaska.

UDAP Statute

Alaska Unfair Trade Practices and Consumer Protection Act §

Broadly prohibits unfair or deceptive trade practices.

Foreclosure Rescue Fraud Laws

No specific foreclosure rescue fraud statute.

General consumer protection under AS 45.50.471 (UTPA) covers deceptive foreclosure rescue practices. Federal FTC Act and CFPB enforcement also apply.

Attorney Advertising Rules

Alaska Rules of Professional Conduct govern attorney advertising and solicitation.

Lead Generation Restrictions

No Alaska-specific lead generation statute for foreclosure defense identified beyond professional conduct rules.

Barratry

Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.

Alaska professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in Alaska

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Alaska Legal Services Corporation (ALSC)

Free civil legal services for low-income Alaskans, including housing and foreclosure defense. Regional offices in Anchorage, Fairbanks, Juneau, Bethel, Dillingham, Kotzebue, Nome, Ketchikan, and Kenai. Serves remote communities via phone and video.
alsc-law.org →
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HUD-Approved Housing Counselors

Free, federally funded housing counseling agencies in Alaska. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
Find a counselor in Alaska →
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HUD Housing Counseling Hotline

Free foreclosure prevention counseling.
1-800-569-4287 →
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Alaska Legal Services Corporation (ALSC)

Free legal assistance for low-income Alaskans statewide.
1-888-478-2572 →
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Alaska Housing Finance Corporation (AHFC)

State housing programs and mortgage assistance referrals. The Homeowner Assistance Fund (HAF) is closed to new applications.
1-800-478-2432 →
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Alaska Attorney General Consumer Protection

Report mortgage fraud and consumer protection violations.
907-269-5200 →
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Alaska 2-1-1

Statewide referral service for housing, utility, and social service assistance.
2-1-1 →
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Alaska Bar Association Lawyer Referral Service

State bar lawyer referral service.
alaskabar.org →
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Alaska Pro Bono Program

Coordinated through the Alaska Bar Association; provides pro bono legal representation for qualifying low-income Alaskans.
alaskabar.org →

Find Help in Alaska

We maintain a verified directory of free and low-cost help providers in Alaska. All are government-approved or federally funded.

1 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 44 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 48 Debtor education providers Required post-filing debtor education courses

Browse all 94 providers in Alaska →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Alaska.

Facing Foreclosure?

Overview of the process, available options, and free help resources

How to Stop Foreclosure

Immediate options — forbearance, modification, legal aid, bankruptcy

Your Rights in Foreclosure

Federal protections under CFPB Regulation X and loss mitigation rules

How Foreclosure Works

Stage-by-stage walkthrough from missed payments to sale

Behind on Your Mortgage?

Options for borrowers who have missed or expect to miss a payment

Bankruptcy & Foreclosure

How Chapter 7 and Chapter 13 can stop or delay foreclosure

Alaska Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Alaska homeowners:

Foreclosure Filings

National trend

National foreclosure filings. Alaska mainly uses non-judicial foreclosure (trustee's sales outside court).

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).