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Depending on state specific foreclosure laws the lender will need to follow a specific set of steps in order to foreclose on your home. The two legal processes a lender must use in order to execute a mortgage foreclosure on a home are a judicial foreclosure process and a non-judicial foreclosure process. Both will result in the bank taking back the
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property from the homeowner but each is uniquely different in how the lender must go about foreclosing on the
Judicial foreclosure vs. Non-Judicial foreclosure
In a judicial foreclosure state the lender must file a suit or claim against the homeowner through the courts for nonpayment of principle and interest due on a specific date each month. After 90 days of non-payment the homeowner is no longer in pre foreclosure and the lender now has the ability to foreclose on the home in order to use the property as collateral to recoup the loss of income from money borrowed to the homeowner. In a judicial foreclosure state a lender can foreclose on the home in as little at 6 months if no action is taken. After the judgment has been entered, a judgment will be issued by the court authorizing a sheriff’s sale. At the sheriff’s sale the property will be auctioned to the highest bidder.
Non-judicial foreclosures are processed without court intervention. When a homeowner defaults on their mortgage, the homeowner will be notified and mailed a default letter. A notice of default will be recorded at or around the same time. If the homeowner does not get caught up in full for the amount they are behind then a “Notice of Sale” will be mailed to the homeowner and posted for public view in a local newspaper or publication. After public notice has been given and the appropriate time has passed the property will go to a foreclosure auction. This entire process can take 90-120 depending on the state. Depending on the state the bank is required to do a Notice of Default and start with a notice of sale and in other states the lender only has to notify the homeowner by announcing the pending foreclosure by announcing it in a public newspaper.
Regardless of what state you in live there is a legal and ethical way to stop the foreclosure process and put your bank in default. Foreclosure Defense is quickly sweeping the nation as the most effective and efficient way to save your home. In a judicial state the homeowner will need to file a counter suit against the lender and in a non judicial state the homeowner will need to file a suit against the bank before the bank can auction off the property.