What is the difference between judicial and non-judicial foreclosure?

The difference between judicial and non-judicial foreclosure in North Carolina is the type of court process used to move the foreclosure along. In a judicial foreclosure, a lender must file a court action and obtain a court order to take possession of the property. This court action requires a judge to review the case and determine whether the lender or borrower is in the right. This type of foreclosure is typically more expensive and time consuming as it requires court fees and time spent in court. On the other hand, non-judicial foreclosure is the most common type of foreclosure used in North Carolina. This type of foreclosure allows a lender to move quickly on a foreclosure without using the courts. Instead, the foreclosure is processed through documents and legal notices. Because it does not require court action, this type of foreclosure is typically faster and less expensive. In addition, this type of foreclosure allows for a quicker resolution, which can be beneficial for the lender and borrower. Overall, judicial foreclosure is a more complicated and expensive process than non-judicial foreclosure. It requires court action and a judge to approve the foreclosure. On the other hand, non-judicial foreclosure is a simpler process that does not involve court proceedings and can be completed quicker. Ultimately, the type of foreclosure used will depend on the individual situation.

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