A judicial foreclosure requires the lender to first file and win a lawsuit for the right to foreclose. As such, the judicial foreclosure process lasts much longer than a non-judicial foreclosure.
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Outside of Florida: Under Power of Sale (or Non Judicial Foreclosure): In many areas outside of Florida, foreclosure goes through "power of sale" or "non-judicial foreclosure." In this scenario, parties with an interest in the property must be notified (as well as judicial foreclosure).
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The process varies from state to state, but generally takes one of two paths: judicial foreclosure or nonjudicial foreclosure. In a judicial foreclosure state, the lender has to file a lawsuit in court in order to foreclose. In a nonjudicial foreclosure state, the lender can foreclose without going through the court system.
In Florida, foreclosures are judicial, which means the lender (the plaintiff) must file a lawsuit in state court. (To learn more about the difference between judicial and nonjudicial foreclosure, and the procedures for each, see Will Your Foreclosure Take Place In or Out of Court?
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In a mortgage foreclosure action, the court severs, for separate trial, all counterclaims against the foreclosing lender. The foreclosure claim shall, if tried, be tried to the court without a jury. The court order of foreclosure will specify how the foreclosure must take place, and the foreclosure must take place on those terms.
Judicial v. Non-Judicial Foreclosure States. You may have heard the term judicial sale or judicial foreclosure sale and wondered what the difference is between a judicial sale and non-judicial sale state and whether or not a foreclosure sale can happen without a judge’s approval.
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While non-judicial foreclosure does not require the lender to go to court in order to initiate foreclosure proceedings, that does not mean that the court system is entirely uninvolved. In fact, the borrower in a non-judicial foreclosure state is the one who can bring the lender to court.