Difference Between Judicial and Non-Judicial Foreclosure

Judicial Foreclosure

Judicial foreclosures are processed through the court system. The lender files a complaint stating what debt is owed with an explanation of why they should be allowed to recover the property from the borrower in lieu of debt settlement. A notice of Lis Pendens usually accompanies this complaint. A Lis Pendens means a notice of pending action. The home or property owners are notified that there is intent to cure a default by mail and publication to have an opportunity to protect their interest in the court. If the court finds probable cause of default in debt settlement, it is then ordered that the amount owed is valid along with court costs. The property is then to be sold at public auction. When the property is sold, it is then presented in front of the court to protect the lender's interest.

Non-Judicial Foreclosure

Sometimes Non-Judicial foreclosures are referred to as power of sale foreclosure. This procedure does not involve the court. The mortgage company sends a notice of default or a right to cure default and files a recording in the county recorders office. Often local publications are used along with these proceedings. There are some states that do not require a notice of default and can proceed without any direct contact with the owner. Most states require a time period for these proceedings and after this lapse the public auction is held and the property is sold to the highest bidder. Homeowners are generally allowed to redeem the property in a process called Statutory Redemption. This time period varies from 30 days to one year, depending on each state law.

Facing a foreclosure is frightening and often times confusing since each state is different. You should not face this alone. Act now to contact your lender to see if you can work out a repayment option to settle the debt. If this isn't a satisfactory solution, get a foreclosure expert to help you with the foreclosure. There are too many laws and terminology that the common man might not understand. You really need to take a look at your finances to see where your problem lies and be upfront and honest with your lender.