What Is Judicial Foreclosure?
Judicial foreclosure is a foreclosure process carried out through the court system, required in some states regardless of loan document type — generally slower than non-judicial foreclosure but giving the borrower more opportunity to contest it.
Judicial vs. Non-Judicial Foreclosure
Carried out through the court system — slower, but gives the borrower more opportunity to contest it.
Carried out under a "power of sale" clause without going to court — faster, and used wherever a deed of trust (rather than a mortgage) secures the loan.
Related Terms
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This definition is provided for general educational purposes and is not financial, legal, tax, or real estate advice. Verify important decisions with appropriately qualified professionals.
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