What is the difference between judicial and non-judicial foreclosure?
In California, there are two types of foreclosure processes: judicial and non-judicial. Judicial foreclosures involve a court process in which the lender must get a court order to foreclose on the house. During the court process, the homeowner has the chance to make the payments they owe and save their home. Non-judicial foreclosures are much faster and do not require a court order. In this type of foreclosure, the lender notifies the homeowner that they are in default and they must pay the balance due within a certain period of time. If the homeowner cannot make the payment, a trustee is appointed to manage the foreclosure process and the home is sold to the highest bidder. The primary difference between judicial and non-judicial foreclosures is the speed with which the foreclosure process occurs. Non-judicial foreclosures are much faster and the homeowner can often be evicted from the property within weeks. Judicial foreclosures take much longer, as the court must issue a ruling in favor of the lender before the foreclosure can proceed. Additionally, homeowners may have more opportunities to save their homes in a judicial foreclosure, as the court will have more time to hear the homeowner’s arguments and review any evidence they have to support their case.
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