Foreclosure Law Definitions

Non-Judicial Foreclosure Definition

A non-judicial foreclosure is the power to foreclose on a property without court approval or intervention.  The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Once a homeowner is served a Notice of Default or Notice of sale an auction will be set to sale the home in default.  Auctions of non-judicial foreclosures will generally require cash, or cash equivalent either at the sale, or very shortly thereafter. 

Each non-judicial foreclosure state has different procedures.   Some do not require a Notice of Default, but start with a Notice of Sale.   Others require only the publication of the Notice of Sale to announce the sale, with no direct owner notification required. 

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