Legal Definitions - judicial foreclosure

Judicial Foreclosure

In some places, when a lender wants to take back a property because the borrower hasn't paid their mortgage, they have to go to court to get permission. This is called a judicial foreclosure. The rules for judicial foreclosures are different depending on the state where the property is located.

Example 1: In Florida, if a borrower stops making payments on their mortgage, the lender has to file a lawsuit in court to start the foreclosure process. The court will then decide if the lender has the right to take back the property.

Example 2: In New York, a lender can choose to do a judicial foreclosure or a non-judicial foreclosure. If they choose a judicial foreclosure, they have to go to court and get a judgment before they can take back the property.

These examples show how in some states, lenders have to go to court to foreclose on a property. This is called a judicial foreclosure. The court will decide if the lender has the right to take back the property. The rules for judicial foreclosures are different depending on the state where the property is located.