The Legal Basics Of Judicial Foreclosure

The judicial process varies to some extent from state to state. However, there are a number common legal practices and rules that most courts follow in cases of judicial foreclosure. The following is a review of the basics.

The lender in a foreclosure action is called the plaintiff and must file a civil action against you (called a complaint) seeking judicial foreclosure of the property to satisfy the debt to the lender. The complaint must be properly pled and be in conformance with your courts local rules. The homeowner is called the defendant. The plaintiff must prove all elements of the foreclosure action by a preponderance of the evidence. The complaint will be usually filed in the county court in which the property is located. The complaint must include all interested parties including any person or entity that has a financial interest in the property such as lien holders.

Why The Lender Will File And Record “Notice Of Claim” On Your Property In Judicial Foreclosures? 

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