The following chart shows a comparison of the processes of Mortgage Judicial Foreclosure and Trust Deed Non-Judicial Foreclosure.
Mortgage Judicial Foreclosure | Trust Deed Non-Judicial Foreclosure |
---|---|
Borrower Defaults | Borrower Defaults |
File Complaint (Initiate Law Suit) | Beneficiary authorizes Trustee to proceed with Foreclosure |
Record Lis Pendens | Record Notice of Default |
Court Hearing Date set for Sale | Period of Equitable Redemption Trustor can reinstate |
Advertise the Sale | Advertise the Sale |
Sell to highest bidder Buyer pays cash at sale. | Sell to highest bidder Buyer pays cash at sale. |
Buyer receives Certificate of Sale | Trustee conveys Trustee’s Deed to Buyer |
Period of Statutory Redemption (Right of Redemption) | Deficiency Judgment Unlikely |
Sheriff’s Deed Conveyed to Buyer Evict Mortgagor | |
Possible Deficiency Judgment |