A judicial foreclosure is a lawsuit that goes through the court. A non-judicial foreclosure is not a lawsuit and does not go to court. There are some advantages and disadvantages to both types of foreclosure for borrowers and lenders. One big difference is what it takes to fight foreclosure.
In a judicial foreclosure there is an existing lawsuit, so it goes before the court for review and you have the opportunity to point out any errors that can stop the foreclosure. In non-judicial foreclosure, the burden is on you. If you want to fight it, you have to file a lawsuit and pay the fees for doing so. You have the burden of proving to the judge that the foreclosure should be stopped or delayed.
Some states require judicial foreclosure while others do not, but there can be other factors that determine whether you will face judicial or non-judicial foreclosure. A local foreclosure law firm can tell you what type of foreclosure you may be facing and what steps you need to take if you choose to fight it.