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Alaska

Alaska Statutes § 34.20.070. Non-Judicial foreclosure state.

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Judicial Type

Non-Judicial

Redemption

No statutory right of redemption after non-judicial foreclos

Deficiency

Lender may pursue deficiency in non-judicial foreclosure wit

Mediation

No statewide foreclosure mediation program. Some courts offe

Statute Citation

Alaska Stat. §§ 34.20.070 to 34.20.100

Redemption Period

No statutory right of redemption after non-judicial foreclosure sale. For judicial foreclosure: 12 months if mortgage debt is less than 2/3 of property value; none otherwise (Alaska Stat. § 09.35.250).

Deficiency Judgment Rule

Lender may pursue deficiency in non-judicial foreclosure within 3 months of sale. Fair-value limitation applies: deficiency is limited to difference between debt and fair market value of property at time of sale (Alaska Stat. § 34.20.100).

Notice Requirements

Notice of default recorded and mailed to borrower at least 30 days before sale. Notice of sale posted in public places and published in newspaper once per week for 4 consecutive weeks. Sale must be at least 3 months after default.

Mediation Program

No statewide foreclosure mediation program. Some courts offer settlement conferences.

Key Provisions

  • Non-judicial foreclosure permitted under power of sale clause
  • Deed of trust must be recorded and contain a power of sale
  • Sale must be conducted by the trustee named in the deed of trust
  • Borrower may cure default up to the date of sale by paying arrearages plus costs
  • Trustee must be a resident of Alaska or a corporation authorized to do business in Alaska
  • Deficiency limited by fair market value — strong protection for borrowers

Homeowner Protections

  • Fair market value limitation on deficiency judgments is a significant protection
  • Borrower may cure default and reinstate mortgage up to the date of sale
  • 30-day default notice requirement provides time to negotiate with lender
  • Trustee must be an Alaska resident or authorized corporation — limits out-of-state foreclosure mills
  • 3-month minimum from default to sale provides a meaningful window for loss mitigation

Frequently Asked Questions

What is the timeline for a non-judicial foreclosure in Alaska?+
The minimum timeline is approximately 3 months from the date of default to the foreclosure sale. The steps: (1) default occurs, (2) trustee records and mails notice of default (at least 30 days before sale), (3) notice of sale published 4 weeks before sale and posted in public places, (4) public auction sale. The total process typically takes 90-120 days. During this period, you can cure the default by paying all arrearages and costs up to the date of the sale.
Am I protected from a deficiency judgment in Alaska?+
Yes, Alaska provides a strong fair-value limitation on deficiency judgments. The lender's deficiency is limited to: (total debt + costs) minus the fair market value of the property (not just the foreclosure sale price). This means if the property is worth $300,000 but sold at foreclosure for $220,000, the deficiency is calculated using the $300,000 fair market value, not the $220,000 sale price. This significantly reduces or eliminates deficiencies for many borrowers.
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