A judicial foreclosure occurs when a lending business initiates a lawsuit in a civil court of law against a defaulting borrower and secures a monetary judgment in addition to the foreclosure. The judgment is binding against the borrower as an individual, and it guarantees the right to foreclose on the asset and enforce its sale to pay off the loan sum. Although the more popular alternative within the lending industry is non-judicial foreclosure, the judicial foreclosure method still provides several benefits, making it better suited in some scenarios. Some of these benefits include:

  1. In circumstances when the property is over-encumbered, the lender has more leeway in pursuing a judgment and taking action against the borrower for the outstanding debt.
  2. After a judicial foreclosure, a lender is more likely to be reimbursed.
  3. A judgment is valid for ten years and can be extended for another ten.
  4. The accompanying expenditures for judicial foreclosure are relatively inexpensive.

After the judgment from the judicial foreclosure must have been granted for financial damages done and, on the foreclosure, the lender gets to collect the outstanding debt differently. These include taking records of abstract judgment in every applicable scenario, garnishing salaries, and confiscating bank accounts following an investigation to determine whether the borrower has a job. Also, the quantity of money in their bank accounts, making a decision debtor examination in the law court if a judgment is not completely met by wage garnishment or account seizure.

Although non-judicial foreclosures are most commonly used than judicial foreclosures, they are accompanied by a series of shortcomings. Thus, it is essential for you as a lender to be duly informed of judicial foreclosures and how they can benefit your business. To read more, click here.


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