Non-Judicial Foreclosure

Some jurisdictions allow lenders to foreclose property without getting a court order first. This is called a non-judicial foreclosure.

Non-judicial foreclosure is only available for deeds of trust with power-of-sale clauses. They are not available for traditional 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 State Property Statutes; Foreclosure; Judicial Foreclosure.

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