What is a Judicial Foreclosure?

 


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One of the best way to effect foreclosure is through judicial procedures. A property, which has been foreclosed judicially, is usually safer to buy that those, which are foreclosed extra-judicially. The reason is obvious, in judicial foreclosure, the order came from the court itself and what the Court has so ordained could only be revoked through another court proceedings nothing less.

Judicial foreclosures start with the creditor filing a complaint and recording a notice of Lis Pendens with the Court. A notice of Lis Pendens serves a public notice that the property in question is under litigation and it would not be safe to buy such property before such case have been resolved by the Court. Upon the filing of the complaint in Court by the creditor, the homeowner or respondent shall be served a notice of the complaint. The notice may be served either by direct service or by mail. Where the respondent could not be located and served the notice personally, a notice by publication should be made. Note that service of the notice is very important for the case to prosper since under the law, the respondent should be given a chance to defend him/herself in Court.

During the hearing, both the complainant and the respondent will be given their chance to present and defend their case. In the event where the Court finds the complaint to be meritorious, is shall order the foreclosure of the property. The Court shall then issue a writ authorizing the sheriff to sell the foreclosed property to the highest bidder during a public auction.

Jeanette Pollock is a freelance author and website owner of insideforeclosure.com . Visit Jeanette's site to learn more about judicial foreclosures .

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