What is a Non-Judicial Foreclosure?
A San Jose bankruptcy attorney addresses:
What is a Non-Judicial Foreclosure?
Non-judicial foreclosure is one of two main types of foreclosures, the other being judicial foreclosure. In a non-judicial foreclosure, sometimes known as foreclosure by power of sale, the lender may supersede or bypass the judicial process of foreclosure and sell the property in order to satisfy the loan by the lender. This only occurs if and when the borrower defaults on their monthly obligations and either ignores or cannot comply with the request by the lender to cure the default. The terms and conditions of a non-judicial foreclosure are typically outlined in the lender’s mortgage papers. The highest bidder at the non-judicial foreclosure sale becomes the outright owner of the property free and clear of all interest from the former owner but superior liens may survive the sale. For more infomation on foreclosure, please contact us toll-free.
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