Are You In a Judicial or Non-Judicial State? For additional help, please fill in the form below. Content provided from www.consumerwarningnetwork.com and law firm of James, Hoyer, Newcomer, Smiljanich & Yanchunis, P.A. www.jameshoyer.com
Why is this important? In some states, such as Georgia, California, and Texas, a Lender can foreclose on your home without going to court. These are non-judicial states.
One way to stall foreclosure is to ask the lender to "Produce the Note" to prove that it has the actual authority to foreclose by requiring it to officially produce the original promissory note in the lawsuit. This is more straightforward in judicial states where there is a foreclosure lawsuit. In non-judicial states, however, where there is no lawsuit, the homeowner has to take the extra steps to file a lawsuit against the party trying to foreclose. See Produce the Note strategies for Judicial and Non-judicial states.
The below chart is a general guide only. Check your state statutes for up-to-date procedures. Foreclosure type will most often be either judicial or non-judicial. Months to foreclose include the legal minimum required and the probable time length once foreclosure has begun. Deficiency judgments are available in some states if the lender loses money through the foreclosure process, but it is not practical for a lender to enforce such a judgment; consequently, it is generally not attempted. Homeowner redemption after foreclosure is possible in some states. Time periods are listed where available.
This information is provided free of charge by Operation Restoration. Donations are critically needed to help this mission move forward. If this material has helped you or someone you love, please click on the Donate button below.May God bless you. - Anne Batte, Executive Director
Operation Restoration 863 Ormewood Ave SE Atlanta, GA 30316
