Judicial v. Nonjudicial Foreclosure
There are two types of foreclosures -- judicial and nonjudicial. A judicial foreclosure goes through court. A nonjudicial foreclosure does not. Some states require that all foreclosures be judicial; others set forth procedures for nonjudicial foreclosures. Whether a foreclosure is judicial or nonjudicial is significant- it affects the foreclosure process and procedures, how you can raises defenses, and often whether you'll be liable for a deficiency after the foreclosure sale.
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How Judicial Foreclosure Works
Learn the basics about judicial foreclosures.
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How Nonjudicial Foreclosures Work
Learn about nonjudicial foreclosure procedures.
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Chart: Judicial v. Nonjudicial Foreclosures
In this handy chart, learn about the differences and similarities between judicial and nonjudicial foreclosures.
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What Is an Affidavit of Indebtedness in a Foreclosure?
An affidavit of indebtedness is a legal document that sets forth your past-due mortgage amount.
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Timeline for a Nonjudicial Foreclosure
Learn the basic steps and timing in a nonjudicial foreclosure.
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Timeline for a Judicial Foreclosure
Learn the basic steps and timing in a judicial foreclosure.
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Will Your Foreclosure Take Place In or Out of Court?
In some states foreclosure must go through court. In others, it can proceed out of court. Find out what happens in your state.
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What Is a Power of Sale Foreclosure?
If you have a power of sale provision in your mortgage contract, the lender can foreclose without going to court.
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The Difference Between a Judicial and Nonjudicial Foreclosure
Learn the basics about judicial and nonjudicial foreclosures.
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What's the difference between a notice of default and notice of sale in foreclosure?
In a nonjudicial foreclosure, borrowers often receive a Notice of Default and a Notice of Sale, depending on state law.
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