Alabama Foreclosure: What Is A Judicial Foreclosure?

Alabama Foreclosure:  What Is A Judicial Foreclosure?

What Is A Judicial Foreclosure?A judicial foreclosure is where the mortgage company files a lawsuit to have a judge declare that it is allowable for the mortgage company to foreclose against you.

This is much different than the normal “non judicial foreclosure” that we have in Alabama.

If you read about foreclosures in Florida or New York, you will most likely be reading about a judicial foreclosure.

A judicial foreclosure takes much more time, normally, than a non judicial foreclosure and is more expensive.

This is why mortgage companies almost never do this type of foreclosure in Alabama.  But they do have this option so if it happens understand this is an option for them.

They would have to the following to obtain a judicial foreclosure:

  • Sue you;
  • Serve you with the lawsuit;
  • Give you 30 days to respond;
  • Possibly go through discovery (trading information and taking depositions);
  • Then ask the judge to declare that the foreclosure is proper and can go forward; and finally
  • Have the judge or jury make this ruling.

Compare this to a non judicial foreclosure which involves no court, no lawsuit, and simply a few letters and advertisement in your local paper.

We have put this article up on this type of foreclosure because so much of what is out there on the internet concerns the judicial version.  And much of this has no application in Alabama.

If you want to know about your rights in Alabama, we suggest going to to understand how to stop a foreclosure.

Contact Us.

If you are in the first stage of a foreclosure — before the actual foreclosure — give us a call at 1-205-879-2447.

We will be glad to help you.

You can reach us by phone at 205-879-2447.

Or, if you prefer, you are welcome to fill out a form and then we will either call you back or email you.

Thanks for reading, and have a great day!

-John G. Watts


  1. BCN says:

    As a Florida firm we love reading articles like this and will be socially sharing to our base. We agree with the author about the differences in foreclosure.

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