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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