If you are currently facing foreclosure, understanding foreclosure procedures for your state is vital. Every state is different when it comes to the number of days a foreclosure takes and what type of foreclosure they allow. The two basic types of foreclosure are judicial and non-judicial. So we are going to look at each and what it means for you.
A judicial foreclosure involves the courts and is typically a more lengthy process for both you and the mortgage company. Your mortgage company will have to prove that you are in default. This type of foreclosure is both good news and bad news. The good news is that you have more time to work with your mortgage company to try to save your home. The bad news is that you might have to end up paying the fees for your mortgage company's attorney. It also means that if your mortgage company is dragging their feet about coming up with a solution, you will also have additional late fees.
In non-judicial foreclosure, the foreclosure procedures are simpler and also typically a lot quicker.
The courts are not involved. The reason why is because there is a deed of trust that has clause called power of sale. This gives the trustee the power to handle the entire process. Because this is typically a much quicker process, you will need to contact your mortgage company immediately to try to work out a resolution.Many states have both judicial and non-judicial foreclosure so be sure to check to see what type yours is. Your local county government offices are good place to start to understand if your foreclosure will be judicial or non-judicial.
Do You Know What You Need to About Foreclosure Procedures?