How to Stop a Foreclosure in Alaska
Reviewed by DocDraft Legal Team · Alaska · Last updated 2026-08-31
Foreclosure is the legal process a lender uses to take and sell your home after you fall behind on the mortgage, and stopping it means resolving the default before that sale is final. In Alaska, most residential foreclosures are non-judicial trustee's sales under a deed of trust, conducted without a court decree (AS 34.20.070); judicial foreclosure under Title 9 remains available. The trustee records a notice of default not less than 30 days after the default and not less than 90 days before the sale, so at least 90 days pass from the recorded notice to the sale date (AS 34.20.070(b)). A borrower may cure the default and stop the sale at any time before the sale date by paying the sum then in default plus fees, though the trustee may refuse if the default has been cured twice before under the same deed of trust. There is no post-sale redemption after a non-judicial trustee's sale (AS 34.20.090), and no deficiency judgment may be entered afterward (AS 34.20.100).
Find out where you stand in Alaska
Where are you in the foreclosure process?
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How do I stop a foreclosure in Alaska?
In Alaska, most foreclosures are non-judicial trustee's sales under a deed of trust (AS 34.20.070). You can stop the process by curing the default before the sale date, paying the sum then in default plus permitted fees, or pursuing loss mitigation such as a loan modification with your servicer. Curing cancels the sale.
What is the foreclosure timeline in Alaska?
Under AS 34.20.070(b), the trustee records a notice of default not less than 30 days after the default and not less than 90 days before the sale, so at least 90 days pass from the recorded notice to the sale date. Within 10 days of recording, the trustee mails certified copies to the borrower.
Can I reinstate my mortgage to stop foreclosure in Alaska?
Yes. Under AS 34.20.070(b), an Alaska borrower may cure and stop the sale at any time before the sale date stated in the notice of default by paying the sum then in default, plus attorney and foreclosure fees and costs. The trustee may refuse if the default was cured twice before under the same deed of trust.
Can the lender pursue me for the balance after foreclosure in Alaska?
No. Under AS 34.20.100, when a sale is made by a trustee under a deed of trust, no further action or judgment for a deficiency may be taken against the maker, surety, or guarantor on the obligation. Choosing a non-judicial trustee's sale bars the lender from collecting any remaining balance.
Alaska foreclosure law at a glance
Alaska foreclosure is governed by the deed of trust statutes in Title 34 and, for judicial cases, Title 9. Most residential foreclosures are non-judicial trustee's sales conducted without a court decree under AS 34.20.070; judicial foreclosure remains available but is less common. The trustee records a notice of default not less than 30 days after the default and not less than 90 days before the sale, giving at least 90 days from the recorded notice to the sale date (AS 34.20.070(b)). The borrower may cure the default and stop the sale any time before the sale date by paying the sum in default plus fees, unless the same default was cured twice before. There is no post-sale redemption after a non-judicial trustee's sale (AS 34.20.090), and no deficiency judgment may follow (AS 34.20.100). A judicial sale instead carries a 12-month redemption right (AS 09.35.250).
Curing an Alaska trustee's sale before the sale date
Suppose you fall behind on your Alaska mortgage and the trustee records a notice of default. Under AS 34.20.070(b), the notice is recorded not less than 30 days after the default and not less than 90 days before the sale, so you have at least 90 days from the recorded notice, and the trustee mails you certified copies within 10 days. During that window you can cure the default and stop the sale at any time before the sale date by paying the sum then in default plus attorney and foreclosure fees, unless the same default was cured twice before. You could also apply for a loan modification or work with a HUD-approved counselor. Because there is no post-sale redemption after a trustee's sale, act before the sale date. Attorney review of your reinstatement or loss-mitigation paperwork is available through DocDraft.
Court Resources
Find a HUD-Approved Housing Counselor (CFPB)
Free tool to locate HUD-approved housing counseling agencies that help Alaska homeowners with loss mitigation, loan modification, and lender negotiations at no cost.
Alaska Housing Finance Corporation
State housing finance agency offering homeownership programs, servicing resources, and referrals for Alaska homeowners facing hardship or delinquency.
Alaska Court System Self-Help Center
Official self-help resources of the Alaska courts, useful if your foreclosure proceeds judicially under Title 9 rather than through a trustee's sale.
Alaska Legal Services Corporation
Statewide nonprofit providing free civil legal aid to income-qualified Alaska residents, including housing and foreclosure matters.
Relevant Laws
AS 34.20.070 (Non-judicial foreclosure; notice of default and cure)
Authorizes the trustee to sell under a deed of trust without a court decree. The notice of default must be recorded not less than 30 days after default and not less than 90 days before the sale, and the borrower may cure and stop the sale before the sale date.
AS 34.20.090 (No redemption after a trustee's sale)
Provides that after a non-judicial deed-of-trust sale the borrower has no right to redeem the property from the purchaser unless the deed of trust so declares.
AS 34.20.100 (No deficiency after a trustee's sale)
Bars any further action or judgment for a deficiency against the maker, surety, or guarantor on the obligation after a sale by a trustee under a deed of trust.
AS 09.35.250 (Redemption after a judicial or execution sale)
Provides that after a judicial or execution sale the judgment debtor may redeem only within 12 months from the order of confirmation, the redemption right that does not exist after a non-judicial trustee's sale.
Regional Variances
Alaska foreclosure rules vs national norms
Process type
Predominantly non-judicial trustee's sales under a deed of trust (AS 34.20.070), conducted without a court decree. Judicial foreclosure under Title 9 remains available but is less common for residential mortgages.
Notice timeline
The notice of default is recorded not less than 30 days after the default and not less than 90 days before the sale, giving at least 90 days from recording to the sale date (AS 34.20.070(b)). Certified copies are mailed to the borrower within 10 days of recording.
Reinstatement right
Strong. The borrower may cure and stop the sale any time before the sale date by paying the sum then in default plus fees (AS 34.20.070(b)). The trustee may refuse only if the same default was cured two or more times before under the deed of trust.
Redemption after sale
None after a non-judicial trustee's sale (AS 34.20.090); the borrower's interest ends at the sale. A 12-month post-sale redemption right exists only after a judicial or execution sale (AS 09.35.250).
Deficiency judgment
Barred after a non-judicial trustee's sale (AS 34.20.100). No further action or judgment for a deficiency may be taken against the maker, surety, or guarantor, more borrower-protective than states that allow deficiencies.
Non-judicial vs judicial foreclosure in Alaska
Non-judicial trustee's sale (the common path)
Conducted out of court by a trustee under a deed of trust (AS 34.20.070). The notice-to-sale span is at least 90 days, and the borrower can cure before the sale date. There is no post-sale redemption (AS 34.20.090) and no deficiency judgment (AS 34.20.100).
Judicial foreclosure (the alternative path)
Filed as a court action under Title 9 and decided by a court. It is slower and less common, but it carries a 12-month post-sale redemption right under AS 09.35.250. A borrower served with a summons and complaint must respond by the stated deadline or risk a default judgment.
Suggested Compliance Checklist
Confirm whether your foreclosure is non-judicial or judicial
As soon as you fall behind or receive any notice days after startingMost Alaska foreclosures are non-judicial trustee's sales under AS 34.20.070, handled out of court. A judicial foreclosure under Title 9 is filed as a lawsuit. The type determines your deadlines, whether a court response is required, and whether any redemption right exists after the sale.
Read the notice of default and calendar the 90-day minimum to sale
Immediately upon receiving the notice of default days after startingThe trustee records the notice of default not less than 30 days after default and not less than 90 days before the sale (AS 34.20.070(b)), and mails you certified copies within 10 days. Note the recording date and the sale date, because you must cure before the sale date to stop it.
Contact your servicer and apply for loss mitigation or a loan modification
As early as possible, during the notice period days after startingAsk your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request. Approval can pause or stop the trustee's sale. Attorney review of your loss-mitigation package is available through DocDraft.
Cure the default before the sale date
At any time before the sale date in the notice of default days after startingUnder AS 34.20.070(b), you may cure and cancel the sale by paying the sum then in default plus attorney and foreclosure fees and costs. Request a written cure figure from the trustee or servicer and confirm the amount and deadline in writing. The trustee may refuse only after two prior cures of the same default.
Consult a HUD-approved housing counselor
As early as possible in the process days after startingHUD-approved housing counseling agencies assist Alaska homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare curing the default, a loan modification, and other options before the sale date.
Respond in writing if you are served with a judicial foreclosure lawsuit
By the deadline stated on the summons days after startingIf your foreclosure is judicial under Title 9, you are served with a summons and complaint and must file a written response by the deadline stated or risk a default judgment. Judicial foreclosure is also the only Alaska route that carries a 12-month post-sale redemption right under AS 09.35.250. Attorney review is available through DocDraft.
Confirm the deficiency and redemption consequences of the sale
Before agreeing to any sale, short sale, or deed in lieu days after startingAfter a non-judicial trustee's sale, AS 34.20.100 bars any deficiency judgment and AS 34.20.090 gives no post-sale redemption. Understand that a trustee's sale ends your interest at the sale but leaves no unpaid balance to collect, so weigh that against a judicial process before signing anything.
Keep written records of every notice, payment, and communication
Throughout the process days after startingSave the notice of default, the mailed certified copies, cure and payoff quotes, and all servicer correspondence, with dates. These records fix your deadlines under AS 34.20.070 and document any servicing errors. Attorney review of your file is available through DocDraft.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether your foreclosure is non-judicial or judicial | Most Alaska foreclosures are non-judicial trustee's sales under AS 34.20.070, handled out of court. A judicial foreclosure under Title 9 is filed as a lawsuit. The type determines your deadlines, whether a court response is required, and whether any redemption right exists after the sale. | - | As soon as you fall behind or receive any notice |
| Read the notice of default and calendar the 90-day minimum to sale | The trustee records the notice of default not less than 30 days after default and not less than 90 days before the sale (AS 34.20.070(b)), and mails you certified copies within 10 days. Note the recording date and the sale date, because you must cure before the sale date to stop it. | - | Immediately upon receiving the notice of default |
| Contact your servicer and apply for loss mitigation or a loan modification | Ask your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request. Approval can pause or stop the trustee's sale. Attorney review of your loss-mitigation package is available through DocDraft. | - | As early as possible, during the notice period |
| Cure the default before the sale date | Under AS 34.20.070(b), you may cure and cancel the sale by paying the sum then in default plus attorney and foreclosure fees and costs. Request a written cure figure from the trustee or servicer and confirm the amount and deadline in writing. The trustee may refuse only after two prior cures of the same default. | - | At any time before the sale date in the notice of default |
| Consult a HUD-approved housing counselor | HUD-approved housing counseling agencies assist Alaska homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare curing the default, a loan modification, and other options before the sale date. | - | As early as possible in the process |
| Respond in writing if you are served with a judicial foreclosure lawsuit | If your foreclosure is judicial under Title 9, you are served with a summons and complaint and must file a written response by the deadline stated or risk a default judgment. Judicial foreclosure is also the only Alaska route that carries a 12-month post-sale redemption right under AS 09.35.250. Attorney review is available through DocDraft. | - | By the deadline stated on the summons |
| Confirm the deficiency and redemption consequences of the sale | After a non-judicial trustee's sale, AS 34.20.100 bars any deficiency judgment and AS 34.20.090 gives no post-sale redemption. Understand that a trustee's sale ends your interest at the sale but leaves no unpaid balance to collect, so weigh that against a judicial process before signing anything. | - | Before agreeing to any sale, short sale, or deed in lieu |
| Keep written records of every notice, payment, and communication | Save the notice of default, the mailed certified copies, cure and payoff quotes, and all servicer correspondence, with dates. These records fix your deadlines under AS 34.20.070 and document any servicing errors. Attorney review of your file is available through DocDraft. | - | Throughout the process |
Frequently Asked Questions
Foreclosure is the legal process a lender uses to take and sell your home when you fall behind on the mortgage. In Alaska, most foreclosures are non-judicial, meaning a trustee sells the property under a deed of trust without a court decree, as authorized by AS 34.20.070. Judicial foreclosure through the courts is also available.
A non-judicial foreclosure is handled by a trustee out of court under a deed of trust (AS 34.20.070) and is the common Alaska route; it carries no post-sale redemption and bars a deficiency judgment. A judicial foreclosure goes through the courts under Title 9 and carries a 12-month post-sale redemption right (AS 09.35.250).
Once the notice of default is recorded, the trustee mails certified copies to the borrower within 10 days, and the sale may not occur until at least 90 days after recording (AS 34.20.070(b)). During that period you can cure the default and stop the sale, or pursue loss mitigation with the servicer.
Under AS 34.20.070(b), the trustee must record the notice of default not less than 30 days after the default and not less than 90 days before the sale, so at least 90 days elapse from recording to the sale date. Certified copies must be mailed to the borrower within 10 days of recording.
Yes. Under AS 34.20.070(b), you may cure the default and stop the sale at any time before the sale date by paying the sum then in default, other than principal not yet due, plus attorney and foreclosure fees and costs. The trustee may refuse if the same default was recorded and cured two or more times before.
Not after a non-judicial trustee's sale. Under AS 34.20.090, the borrower has no right to redeem the property after a trustee's sale unless the deed of trust says otherwise. A 12-month post-sale redemption right exists only after a judicial or execution sale under AS 09.35.250, making pre-sale action critical.
Not after a non-judicial trustee's sale. Under AS 34.20.100, when the trustee sells under a deed of trust, no further action or judgment for a deficiency may be taken against the maker, surety, or guarantor. The lender that chooses a trustee's sale cannot pursue you for any shortfall on the loan.
Alaska homeowners can get free help from HUD-approved housing counseling agencies, which assist with loss mitigation and lender negotiations at no cost. The Alaska Housing Finance Corporation offers homeowner resources, and Alaska Legal Services Corporation helps income-qualified residents. Acting well before the sale date gives you the most options.
Other Alaska guides
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