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Foreclosure by judicial sale, more commonly known as judicial foreclosure, which is available in every state (and required in many), involves the sale of the mortgaged property under the supervision of a court, with the proceeds going first to satisfy the mortgage; then other lien holders; and, finally, the mortgagor/borrower if any proceeds are left. Under this system, the lender initiates foreclosure by filing a lawsuit against the borrower. As with all other legal actions, all parties must be notified of the foreclosure, but notification requirements vary significantly from state to state. A judicial decision is announced after the exchange of pleadings at a (usually short) hearing in a state or local court. In some rather rare instances, foreclosures are filed in federal courts.

Areas of Practice

  • Administrative Law
  • Commercial Loans
  • Education Law
  • Land Use
  • Planning Law
  • Real Estate Law
  • Real Estate Acquisitions
  • Real Estate Development
  • Real Estate Foreclosure
  • Real Estate Litigation
  • Real Estate Sales
  • Real Estate Secured Lending
  • Zoning Law
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