Financing term

Statutory Redemption

A borrower's right in some states to reclaim foreclosed property within a set period after the sale.

Why Statutory Redemption matters on the exam

This term belongs to Financing. The questions below are real items from Freehold's bank that use it - each one cites its source.

Exam questions using Statutory Redemption

Every Freehold question shows why the right answer is right — and cites its source.

The equitable right of redemption is derived from:

  1. Statutory law enacted after foreclosure
  2. FHA insurance requirements
  3. The Truth in Lending Act
  4. Common law principles recognized in every state
Show answer & explanation

Common law principles recognized in every state — The equitable right of redemption is a common law right recognized in all states, existing up until the foreclosure sale, distinct from the statutory redemption period some states allow afterward.

Source: PSI National Real Estate Exam Content Outline §4 Financing

A statutory right of redemption, where it exists, allows a former owner to:

  1. Redeem the property for a defined period after the foreclosure sale by paying the sale price plus costs
  2. Redeem the property before the foreclosure sale only
  3. Void the original mortgage instrument entirely as a matter of law once the statutory redemption period has fully expired
  4. Automatically regain title without paying anything
Show answer & explanation

Redeem the property for a defined period after the foreclosure sale by paying the sale price plus costs — Unlike the equitable right of redemption, a statutory right of redemption, available only in some states, permits the former owner to reclaim the property for a set period after the foreclosure sale by repaying the sale price and costs.

Source: PSI National Real Estate Exam Content Outline §4 Financing

Whether a statutory right of redemption exists after a foreclosure sale depends on:

  1. Federal law, which is uniform nationwide
  2. Individual state law
  3. The type of appraisal used
  4. Whether the loan was a fixed or adjustable rate
Show answer & explanation

Individual state law — Statutory redemption rights after a foreclosure sale are creatures of state law; some states provide them and others do not, and the length of the period varies by state.

Source: PSI National Real Estate Exam Content Outline §4 Financing

Related Financing terms

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