What is Judicial Foreclosure?

All states allow this type of foreclosure, and some require it. In a judicial foreclosure, the lender files a type of lawsuit with the judicial system to foreclosure on the property.  The borrower will receive a notice in the mail demanding payment. The borrower then has only 30 days to respond with a payment in order to avoid foreclosure. If a payment is not made after a certain time period, the mortgaged property then proceeds into foreclosure and is sold at a public auction to the highest bidder, carried out by a local court or sheriff's office.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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