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Alaska · ForeclosureAlaska foreclosure deficiencies: the bar after a trustee's sale

Alaska ties the lender's choice of remedy to the deficiency. When a sale is made by a trustee under a deed of trust as authorized by AS 34.20.070–34.20.130, no other or further action or proceeding may be taken, and no judgment entered, against the maker or the surety or guarantor of the maker on the secured obligation for a deficiency (AS 34.20.100). The two routes are separate: if the deed of trust is foreclosed judicially, or the beneficiary sues on the note and obtains a judgment, the beneficiary may not use the nonjudicial trustee's sale (AS 34.20.070(a)).

What the statutes set

  1. No deficiency (34.20.100)

    After a trustee's sale, no action or judgment for a deficiency.

  2. Who is protected (34.20.100)

    The maker and any surety or guarantor.

  3. Separate routes (34.20.070(a))

    No trustee's sale after judicial foreclosure or a judgment on the note.

  4. Scope (34.20.100)

    Sales under AS 34.20.070–34.20.130.

What the TC tracks when an Alaska short sale or foreclosure leaves a shortfall

  • Ask whether the lender is proceeding by trustee's sale or by judicial foreclosure.
  • In a short sale, keep the lender's approval and any deficiency terms in the file.
  • Route questions about guarantors and personal liability to the seller's attorney.

Questions about Alaska foreclosure deficiencies

Can an Alaska lender get a deficiency after a trustee's sale?

No. After a trustee's sale under a deed of trust, no deficiency action or judgment may be taken against the maker, surety or guarantor (AS 34.20.100).

Can an Alaska lender sue on the note and then hold a trustee's sale?

No. Once the beneficiary obtains a judgment on the note or forecloses judicially, it may not use the nonjudicial sale (AS 34.20.070(a)).

Related guides

Keep the lender's approval and deficiency terms as documents on the deal in ClosingCode.

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Sources: AS 34.20.100, 34.20.070 (akleg.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.