The Judicial Foreclosure Trial

The trial can take anywhere from a few hours to a few weeks in more complicated  contested cases. The matter is usually heard before a judge or magistrate who will preside over the hearing and consider the evidence and legal arguments.

The lender must prove by a preponderance of the evidence that you knowingly entered and executed your loan documents, deed of trust and promissory note. This is a threshold evidentiary showing that is rarely challenged by the defendant borrower.

The next stage of the trial is to prove that you defaulted on the promissory note and under the terms of the documents, your lender has the expressed right to sell the property to satisfy the unpaid debt.

The judge will consider the evidence and rule on the matter. In most cases, the plaintiff lender will prevail and the court will enter a judgment, which will specify the amount owed to the lender and will order the sale of your property.

If the borrower prevails, the foreclosure action will be dismissed. The dismissal however is not always the end of the matter. In most states, the borrower can still bring a non-judicial foreclosure action to recover the property – but in most jurisdictions the lender will be barred from recovering a deficiency judgment against the borrower because that is not a legally recoverable item in non-judicial foreclosure actions. But all is not over, should the judge rule against you and order your property sold, you will still have the right in most states to redeem your property within a specific period of time. Here is how it works:

The Redemption Period In Judicial Foreclosure Actions >>

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