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Non-Judicial Sale Foreclosure

Non-Judicial Sale is just the opposite of judicial sale, as it requires no court approval in order for a foreclosure on a property to take place. Each state has its own individual laws and procedures when it comes to foreclosure of a property, but it is important to know the exact process of your state, so you are never surprised or caught off guard by what is happening during the process. Some states require that Foreclosure by Judicial Sale take place, whereas other states have the option of either judicial or non-judicial sale.

Usually the non-judicial foreclosure begins with a loan default, meaning that a Notice of Default is mailed to the homeowner, informing them that they are behind on their mortgage payments and are at risk of foreclosure if they do not remedy the situation. If the homeowner fails to follow orders of the loan default, then they will then be mailed a Notice of Sale, informing them that their house has now officially been started in the foreclosure process and will be sold in a public auction for the highest bidder to purchase. The Notice of Sale is also posted in public places and is recorded at the county’s public record office for official records of the foreclosure. In some states, a Notice of Default is not even sent to the homeowner and the process begins when they receive a Notice of Sale. There is a legal time-frame before the auction for the house can take place; once that time has passed the highest bidder at the auction will then be the new homeowner.