A judicial foreclosure occurs when a mortgage agreement lacks the “power of sale” clause allowing the lender to sell the property to pay the remainder of the debt. Without the power of sale clause, the foreclosure instead takes place through the court system. Judicial foreclosures are typically in place to protect homeowners from lenders who may try to take advantage of them.
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When a mortgage agreement does not contain a "power of sale" clause enabling the lender to sell the property to recoup the remaining debt, a judicial foreclosure takes place.
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When a mortgage lacks a power of sale clause, foreclosure processes are referred to as judicial foreclosure.
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