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Is a nonjudicial foreclosure better for me than a judicial foreclosure?

Tampa, FL |

I don't know if either affects credit or future prospects any differently, but nonjudicial sounds like it might be better for me on the whole. Is this true?


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Attorney Answers 4


  1. In my opinion, no, but the question is irrelevant if you're talking about a foreclosure in Florida, which is a judicial foreclosure state. A judicial foreclosure requires the bank to file a verified foreclosure complaint and proceed through the courts just like any other lawsuit. A non-judicial foreclosure allows the bank to file a writ with the court and seize your property without going through the usual court process and if you want to defend against the foreclosure, the homeowner has to file a lawsuit against the bank.

    If you are facing a foreclosure, I strongly recommend you talk to a foreclosure defense attorney who can audit your mortgage documents.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.


  2. Non-judicial foreclosures are more efficient for mortgage lenders; judicial foreclosures provide more protection for homeowners. As Attorney Stage said, there is no such thing as a non-judicial foreclosure in Florida. If you are unsure of your rights with respect to your mortgage, you should consult a lawyer who is experienced in real estate or mortgage foreclosure defense.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.


  3. Maybe you heard of a "deed-in-lieu" of foreclosure, in which you avoid foreclosure? Or perhaps a "short-sale", which is just a sale and the bank forgives any left over amount of money that you owe? As far as I know, all states have foreclosures, it is just a matter of whether a judge (judicial) gets involved or not. Georgia is a non-judicial, but Florida is a judicial. If a homeowner is behind on their payments, their credit score would be affected no matter what state or type of foreclosure. Hope that answers your question. We don't have a choice in Florida--it is a judicial foreclosure state.


  4. You don't have a choice. In Florida there is no such thing as nonjudicial foreclosure. Furthermore, from the attorneys I know who practice in nonjudicial states, it is a terrible and unfair process.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.

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