The Differences Between Judicial and Nonjudicial Foreclosures

Foreclosure is a legal process that allows lenders to take possession of mortgaged property due to a borrower's failure to make timely payments on their loan. There are two main types of foreclosure: judicial and nonjudicial. The differences between these two options may be confusing, so it’s important for those facing foreclosure to understand the nuances of each type.

Judicial foreclosures involve filing a lawsuit in state court against the homeowner and goes through the court system. A judge will ultimately decide whether or not the lender has adequate cause for repossession of the home, making this option more time consuming than nonjudicial foreclosures. Nonjudicial foreclosures bypasses court proceedings as it does not require a judge’s approval and can be completed much quicker than its judicial counterpart.

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