Non-Judicial Foreclosure

Some jurisdictions allow lenders to [[wex:foreclose]] [[wex:real_property|property]] without getting a court order first. This is called a non-judicial foreclosure.

Non-judicial foreclosure is only available for [[wex:deed_of_trust|deeds of trust]] with [[wex:power-of-sale_clause|power-of-sale clauses]]. They are not available for traditional [[wex:mortgage|mortgages]].

Where available, non-judicial foreclosures are heavily regulated. Generally, before foreclosing, lenders must give special notice to the property-owner. Afterwards, lenders must wait a specified time before auctioning off the property.

See [[wex:table_property|State Property Statutes]]; [[wex:Foreclosure]]; [[wex:judicial_foreclosure|Judicial Foreclosure]].

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