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.
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
13 cited
31 needs check
3 gaps
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.
For a step-by-step guide to options and resources, see the Alaska Foreclosure Guide →
On this page
- 01 Governing statutes
- 02 Foreclosure process
- 03 Homeowner protections
- 04 Mediation
- 05 Alternatives & financial assistance
- 06 Post-sale proceedings
- 07 Special foreclosure types
- 08 Lien priority
- 09 Statute of limitations
- 10 Probate & inheritance
- 11 Consumer protection & compliance
- 12 Legal aid & pro bono resources
- 13 Find help in Alaska
- 14 National foreclosure guides
- 15 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), Notice of Sale (recording, mailing, posting, publication), trustee's sale procedures, and anti-deficiency protections for residential properties. |
| AS 34.20.070(b) | Notice of Default Requirements | Requires recording and mailing of a Notice of Default (NOD) at least 30 days before the Notice of Sale can be recorded. The NOD must describe the default, identify the property, and provide contact information for the trustee or beneficiary. |
| AS 34.20.080 | Notice of Sale Requirements | Governs Notice of Sale requirements for non-judicial foreclosure. Notice must be recorded in the recording district, mailed to the borrower, posted on the property, and published once a week for 4 successive weeks in a newspaper of general circulation. Sale must be at least 120 days after the NOD is recorded. |
| AS 34.20.100 | Anti-Deficiency Protection for Residential Deeds of Trust | Bars deficiency judgments on residential deeds of trust (both purchase money and refinance) for borrower-occupied properties of 4 or fewer dwelling units. This is one of the strongest anti-deficiency protections among non-judicial foreclosure states, covering not just purchase money but also refinanced residential debt. |
| 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. Judicial foreclosure carries a 12-month post-sale redemption period under AS 09.45.190. |
| AS 09.45.190 | Right of Redemption After Judicial Foreclosure | Establishes a 12-month post-sale redemption period after judicial foreclosure. The borrower may redeem the property by paying the sale price plus interest and costs within 12 months. The redemption period may be reduced or eliminated if the court finds the property has been abandoned. |
| AS 09.38.010 | 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. Automatic for primary residence — no filing required. |
Non-Judicial Foreclosure Process
Awaiting verification1
Default and Federal 120-Day Waiting Period
At least 120 days after first payment delinquency
Federal law requires your servicer to wait at least 120 days after the first missed payment before starting foreclosure. During this time, the servicer must try to contact you and review you for loss mitigation options. Alaska adds no separate state-specific waiting period beyond the federal requirement.
2
Notice of Default (NOD) Recorded and Mailed
Recorded and mailed; at least 30 days before Notice of Sale
The trustee (or beneficiary) records a Notice of Default (NOD) in the recording district where the property is located and mails a copy to you. The NOD must describe the nature of the default, identify the property, and provide contact information. You have at least 30 days from the NOD before the Notice of Sale can be recorded.
§
Defense opportunity: If the trustee fails to properly record or mail the NOD, or if the content is deficient, you may challenge the foreclosure in court.
3
Notice of Sale Published, Posted, Mailed, and Recorded
Published once/week for 4 successive weeks; sale at least 120 days after NOD recording
After the 30-day NOD period, the trustee records a Notice of Sale in the recording district, mails it to you, posts it on the property, and publishes it once a week for 4 successive weeks in a newspaper of general circulation in the judicial district where the property is located. The sale cannot occur until at least 120 days after the NOD was recorded.
§
Defense opportunity: If the trustee fails to provide proper notice (wrong address, insufficient publication, failure to post, missing content), you may challenge the sale in court.
4
Right to Cure Before Sale
Any time before the trustee's sale
You can stop the foreclosure at any time before the trustee's sale by paying all past-due amounts, fees, and costs. Alaska does not have a specific statutory cure period separate from the notice periods, but you have until the moment of sale to reinstate the loan by catching up on payments.
5
Trustee's Sale
On the advertised sale date; at least 120 days after NOD recording
The trustee holds a public auction at the time, date, and place specified in the Notice of Sale. The lender can credit bid up to the full outstanding debt without paying cash. Third-party bidders must pay in cash or certified funds. The highest bidder receives a trustee's deed. Alaska does not require court confirmation of the sale. There is NO post-sale redemption right after a non-judicial trustee's sale in Alaska.
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Defense opportunity: You can challenge the sale if the trustee did not comply with notice requirements, if there was fraud or unfairness, or if the sale price was grossly inadequate.
6
Trustee's Deed Recorded and Possession
Immediately after sale; eviction proceedings 3-6 weeks if needed
The trustee records the deed, transferring title to the purchaser. There is no post-sale redemption right for non-judicial foreclosure in Alaska — the sale is final. If you do not leave voluntarily, the buyer can file for eviction. Tenants with valid leases get 90 days' notice under federal law (PTFA).
Judicial Foreclosure Process
Awaiting verification1
Complaint Filed in Superior Court
After 120-day federal delinquency requirement is met
Lender files a foreclosure complaint in the superior court of the judicial district where the property is located. Names all parties with an interest in the property. Requests foreclosure judgment and court-ordered sale.
2
Service, Answer, Judgment, and Court-Ordered Sale
6-12 months from complaint filing in typical uncontested case
Defendants are served; borrower has 20 days to answer. Court enters foreclosure judgment (default or after hearing). Property is advertised and sold at public auction under court supervision. Sale is confirmed by the court.
3
Post-Sale Redemption Period
12 months after judicial sale (reducible to none if property abandoned)
After judicial foreclosure, you have a 12-month right of redemption. During this period, you can redeem the property by paying the sale price plus interest and costs. The court may reduce or eliminate the redemption period if the property has been abandoned. This redemption period does NOT apply to non-judicial foreclosure.
§
Homeowner Protections
Awaiting verificationHomestead 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.
§
Automatic — no filing required. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
prohibited_for_residential
§
Alaska's anti-deficiency protection under AS 34.20.
Right of Redemption
No post-sale redemption for non-judicial trustee's sale.
Pre-sale reinstatement available. Before the trustee's sale.
Right to Cure
You can cure the default and reinstate the loan at any time before the trustee's sale by paying all past-due amounts, fees, and costs
All arrears, late charges, trustee fees, and costs to reinstate; full accelerated balance to satisfy
Foreclosure Mediation in Alaska
Alaska does not have a mandatory statewide foreclosure mediation program. Federal loss mitigation requirements under CFPB Regulation X still apply to all servicers.
Alternatives & Financial Assistance
Alaska law permits several alternatives to foreclosure. Short sales are available with potential deficiency protection. Deed in lieu of foreclosure may be negotiated with the servicer. Forbearance agreements are available under federal and state loss mitigation requirements. Loan modification programs exist at both the federal and state level.
Alaska's Alaska HAF / Alaska Housing Assistance Program (Winding down; check current availability with AHFC) received Approximately $50 million from federal American Rescue Plan Act (2021) in federal funding. Program details: prior.prior/haf.
For a detailed breakdown of foreclosure alternatives, loss mitigation options, and financial assistance programs, see the Alaska Foreclosure Guide.
Post-Sale Proceedings Under Alaska Law
After a foreclosure sale in Alaska, the new owner must provide written notice before initiating eviction proceedings.
Surplus fund rights after a Alaska foreclosure sale are governed by state statute. Federal law (Protecting Tenants at Foreclosure Act) provides a minimum 90-day notice period for bona fide tenants in foreclosed properties, regardless of state timelines.
For guidance on what to do after a foreclosure sale, including eviction timelines, surplus fund claims, and tax consequences, see the Alaska Foreclosure Guide.
Special Foreclosure Types in Alaska
Beyond the standard judicial and non-judicial foreclosure process, Alaska law addresses several specialized foreclosure categories.
HOA & Condo Association Foreclosure
Available under state law.
Tax Lien Foreclosure
See details.
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
10
Written Contracts
3
Promissory Note
3
Deficiency Judgment
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.
Automatic Stay on Death
No automatic stay. Foreclosure may proceed 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.
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.
Uniform Home Protection 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 laws apply.
No specific foreclosure rescue fraud statute.
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
- 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 →
- HUD-Approved Housing CounselorsFree, federally funded housing counseling agencies in Alaska. Services include loan modification applications, mediation preparation, and loss mitigation guidance.Find a counselor in Alaska →
- Alaska Legal Services Corporation (ALSC)Free legal assistance for low-income Alaskans statewide.1-888-478-2572 →
- Alaska Housing Finance Corporation (AHFC)State housing programs, HAF assistance, and mortgage assistance referrals.1-800-478-2432 →
- Alaska Attorney General Consumer ProtectionReport mortgage fraud and consumer protection violations.907-269-5200 →
- Alaska 2-1-1Statewide referral service for housing, utility, and social service assistance.2-1-1 →
- Alaska Pro Bono ProgramCoordinated 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.
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
Alaska has both judicial and non-judicial foreclosure processes.
The FHA Signal
FHA delinquency rate
FHA serious delinquency rate — the canary in the coal mine for borrowers with thin down payments.
The Pipeline
Foreclosure starts & completions
Monthly foreclosure starts and completions from CoreLogic — the volume flowing through the system.
First Missed
Early-stage transitions
Borrowers transitioning from current to 30-days late — the earliest warning signal before delinquency rises.
See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026
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Free help is available for homeowners facing foreclosure in Alaska. Contact the HUD Housing Counseling Hotline at 1-800-569-4287 or find a HUD-approved housing counselor for no-cost assistance.