FPG-USA Credible mortgage analysis as a legal defense against foreclosure. All courts, all states. Securitization and Forensic Loan Audits

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Topics of Importance

Judicial Vs Non-Judicial

Different States process foreclosure differently. Even within one state, the process may differ. It is critical to know the process of your foreclosure in your state. Attorneys are keenly aware of the differences.

To complicate matters different States have judicial process and non-judicial process. Whether the borrower is a plaintiff or defendant depends on the judicial process involved.

FPG-USA is very familiar with the inherent differences in process and is ready to service your needs based upon the process in your State and case.

Judicial Process

Borrower is the defendant.
Lender is the party seeking to foreclose, brings action in court.
Rules of Civil Procedure determine time line.
Security instrument is usually a mortgage.
Time until foreclosure depends on the State.
Time to foreclose can run from 2 to 10 months.
Court proceedings can delay time to foreclose.

In the judicial process the lender or party seeking to foreclosure will bring a legal action in court. The borrower will receive a complaint and summons. Response will be by an attorney (recommended) in court. Timing and calendar events will be based upon the rules of civil procedure in the State where the property is located.

Non-Judicial Process

Borrower is the plaintiff.
Borrower is the party seeking to fight foreclose and brings action in court.
Rules of Civil Procedure determine time line.
Security instrument is usually a deed of trust.
Court proceedings can delay time to foreclose.

In a non-judicial process state, the evidentiary findings produced as a result of credible mortgage analysis are normally sent to the lender's legal department with a legal letter advising of the imminent action if the case is not in court already. If the case is in court, the borrower has brought that action and is the plaintiff. In this case, events and the calendar will be regulated by the rules of civil procedure in the court and the state where the property is located. Non-judicial process is more onerous in that the borrower may have agreed in the deed-of-trust to a foreclosure scenario, which can catch a borrower by surprise if they are not aware of what they agreed to. Check your documents for the terms of your foreclosure agreement with the lender and act accordingly.