Judicial VS. Non-Judicial Foreclosure States

Each state in the U.S. handles its real estate foreclosures differently. It’s important to understand those differences and know your specific state’s procedures. The terms used and time frames vary greatly from state to state, but the following information provides a general overview of the different processes and considerations.

Judicial and Non Judicial states

Judicial and Non Judicial states

Let’s define the difference between a judicial and a non-judicial foreclosure. A judicial foreclosure is processed through the state court system. There is a lawsuit where you will be served with a “Complaint” or “Petition” for foreclosure (or similar document) and a summons giving you a specified time period during which you may “Answer” the Complaint. A non-judicial foreclosure, on the other hand, is conducted outside of the court system by a trustee who administers the foreclosure. In a non-judicial foreclosure, you will receive a “Notice of Default” or similar document that
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informs you that a foreclosure sale will occur unless the debt is paid. If the amount due is not paid, then in most states a “Notice of Sale” is typically sent to you, which informs you that a foreclosure sale will take place at a certain time and place. (Some states have different procedures though all non-judicial foreclosures go through some sort of trustee system, rather than the court system.) There is generally no court involvement in a non-judicial foreclosure state.

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