There are two types of foreclosure processes: judicial and non-judical foreclosure. Some state follow the judicial foreclosure process while other states follow the non-judicial foreclosure process.
Non-Judicial foreclosure is the process by which your mortgage lender, under the specific and express terms of your mortgage, will claim a legal right to your property and proceed with having your property sold at a public auction in the absence of a formal judicial hearing or proceeding.
In Non-Judicial foreclosure states, the court is not involved and instead the authority and responsibility lies with the trustee who must follow the strict rules governing the foreclosure and sale process in your state.
In Judicial foreclosure states, the court remains involved in the process from the inception of the foreclosure process to the very end when the home is sold at auction.
Here is what one experienced real estate lawyer has to say about the foreclosure process:
