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judicial foreclosure process

If you live in a state where a judicial foreclosure is used the process is as follows:



  1. The lender files a lawsuit to foreclose. In that lawsuit he names you, the borrower and all others who have a lien on the property as defendants.


  2. You (and other lien holders) are legally notified or summoned by the court.


  3. A notice of lis pendens is filed with the county. This notice just says that there is a lawsuit pending.


  4. Once notified you have 20 days to respond with your side of the story.


  5. If you don't reply or if the judge rules against you the judge then orders that the loan be foreclosed on and that a public foreclosure auction sale date be set.


  6. The foreclosure auction sale is advertised.


  7. The property is sold to highest bidder.


  8. There's a redemption period (its length depends on the state) in which you have the right to pay the loan off and still keep your property.


  9. The new buyer gets title after this period has expired.


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