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Which type of foreclosure is faster?

Nonjudicial foreclosures can be a faster process than judicial foreclosures as they do not involve having to go to court.

What is the most expedient method of foreclosure?

Power of Sale. Non-judicial foreclosure auctions are often more expedient, though they may be subject to judicial review to ensure the legality of the proceedings.

In what type of foreclosure is the lender required to file suit?

Under a judicial foreclosure proceeding, the lender files suit with the court to initiate foreclosuretypically after the borrower misses their third consecutive mortgage payment (also known as going 90 days past due on their loan).

What is the most common form of foreclosure?

Judicial Foreclosure This is the most common type of foreclosure. It is allowed in every state and in some states it is required. It involves the sale of the mortgaged property on which the borrower has defaulted on his loan repayment obligations. The sale occurs under judicial supervision.

Who can file suit for foreclosure?

The right to foreclosure can be exercised by mortgagee only when: The debt amount has become due for payment. There are no contrary conditions in the mortgage deed as to the time fixed for repayment etc. Mortgage money has become due but mortgagor has not got a decree of redemption of the mortgaged property.

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