The borrower has no say

There are several different types of foreclosure proceedings, each with their own peculiarities. Many people are understandably confused when it comes to making sense of them all.

Deed In Lieu Of Foreclosure

This is a way of avoiding an actual foreclosure. The borrower agrees to hand over the property deed to the lender as full repayment of any outstanding debt against the property. It is quick and avoids having a foreclosure recorded against your credit history, but you lose any equity you have built up in the property.

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Judicial Foreclosure

This occurs when other avenues of repaying the debt cannot be found. The matter goes to court and an officer of the court sells the property to repay the debt. It can be a long drawn-out process and often results in a lower sale price than the property might otherwise attract, but you will receive whatever is left of the proceeds once costs, legals and the debt balance have been paid.

Statutory or Non-Judicial Foreclosure

Other information

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Similar to a judicial foreclosure, but the property is sold by the lender without the involvement of the court. This can only be done when the loan contract allows for it. The process will be faster than a judicial foreclosure, but otherwise has similar benefits and drawbacks.

Strict Foreclosure

The lender takes possession of the property immediately upon any breach of the mortgage agreement. This can only be done if the original loan contract allows for it. It is similar to a Deed In Lieu Of Foreclosure, except the borrower has no say in the matter. It is quick, but is obviously weighted very heavily in the favor of the lender. Strict foreclosure is very rare nowadays.