Foreclosure Laws Differ From State To State

17 Aug Foreclosure Laws Differ From State To State

There are two types of foreclosures in the United States: judicial and non-judicial. Judicial foreclosure requires a court hearing to proceed. The non-judicial type usually just requires a trustee or escrow company to comply with proper notices and then sell the property, sometimes with a sheriff. Some states allow both kinds of foreclosures, and some just the judicial process.

Generally, a non-judicial foreclosure is a lot quicker than the judicial kind, so in states allowing either, the norm is for non-judicial foreclosures. California, for example, allows both kinds of foreclosures, but there are about 99 non-judicial foreclosures for every judicial one!

My colleague, Mike Doan, wrote a couple of excellent posts on the non-judicial process in California. Likewise, there are a myriad of posts on the judicial process in these pages. (See, for example, New York foreclosure defense lawyer Jay Fleischman’s excellent discussion of New York foreclosure laws.)

Which type of state are you in? Check this map for your state’s laws. And always check with a competent and knowledgeable attorney in your area.

Related Posts Plugin for WordPress, Blogger...
The following two tabs change content below.
Douglas Jacobs is a California bankruptcy attorney and partner in the Chico law firm of Jacobs, Anderson, Potter & Chaplin. Since 1988, Mr. Jacobs has taught Constitutional law and Debtor-Creditor/Bankruptcy law at the Cal Northern School of Law. He has served as Dean of Students since 1994. He is a frequent lecturer on the subject of consumer bankruptcy law, and has spoken at both state and national levels.
No Comments

Sorry, the comment form is closed at this time.