What is a Judicial Foreclosure?

A judicial foreclosure is the preferred procedure simply because all the orders regarding the said property are under the litigation of the court. In other words, every proceeding of the foreclosure are stated and followed according to the statute of law.

Though this type of foreclosure is rather expensive and time consuming since the court will conduct investigation regarding the said foreclosure; the court will also make sure that all the persons connected to the transaction will be duly informed of the said hearing. Most companies would prefer this kind of process since less problems will likely crop up especially to the new owner of the foreclosed property.

Usually, a judicial foreclosure occurs when there is no power of sale between the lender and the borrower in the trust or mortgage deed. When this happens, then the lender will give all the proceedings of the foreclosure to the court and will undergo due process by statute of the state.

In a judicial foreclosure, the court will handle all the proceedings of the foreclosure. The lender will first file a complaint regarding the mortgage to the court, and recording of a Lis Pendens which simply points out to the public that the property is under court litigation and is unfit for sale unless the court releases it from the proceedings.

The complaint will contain details about the debts, the terms and conditions stated in the agreement, and information regarding the security used in the mortgage. The court will review the complaint whether it has sufficient grounds for the property to be foreclosed.

Once the decision is in, that foreclosure is imminent, the court will now inform the concerned parties, this includes the lender, the borrower, or any other persons connected with the said transaction. A notice will be sent to those in question with information regarding the time and place of the hearing for the foreclosure, and the court will provide an opportunity for the borrower to be heard regarding their reason for not satisfying the agreement with the lender.

If the court finds the foreclosure valid, then it will give out a judgment regarding the total amount owed, interest and the cost of the foreclosure process. Once the sale has been made then the court will now distribute the earnings to first satisfy the debt, other concerning parties, costs and finally the borrower.

After the court finds the foreclosure valid then it will issue a Sheriffs Sale which gives the authority for the foreclosed property to be sold to the public. The notice will be sent out which includes the date and time of the said auction, which can be done anywhere from the court house to any designated areas deemed worthy by the court.

The term of the sale would be auctioning the property to the highest bidder. If the price cannot be paid in full by the buyer, then an initial deposit is required wherein the remaining balance will need to be paid within 30 days after the sale. The Sheriffs sale will be delivered to the new owner of the property as well as the deeds or any documents pertaining to it.

The court will make sure that all the parties connected to the foreclosure receives the proper amount due. First, the court will pay off the cost of the judicial foreclosure. This includes the advertising, legal fees of the lender and the auctioneers fees. The claims of the lender and other parties will also be paid off, with the remainder going to the borrower.

If the price of the property of the auction is less than the actual price stated by the court, then by legal means the court can refuse to ratify the sale to prevent the lender from profiteering from invalid or strategic foreclosures.

If the property is not sold during auction, then the lender will gain full ownership of the property and it will be sold accordingly under their own terms and agreement to pay off the debt owed to them by the borrower.

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