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What Happens After a Judicial Default Has Been Granted on a Foreclosure?

When a homeowner goes through a foreclosure process, he or she will deal with a lot of paperwork, notices and actions. For someone who isn’t well versed in real estate law and proceedings, the paperwork and court hearings can seem confusing – and intimating. One action that sometimes arises during a foreclosure is called a judicial default.

Defining Judicial Default

By definition, according to the online foreclosure glossary, a judicial default is, “a binding judgment in favor of either party based on some failure to take action by other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law.”

To put it in more obvious terms, a judicial default is a default issued by a judge.

How Does a Judicial Default Impact You?

As it relates to homeowners, a default judgment, when it concerns a mortgage default, can result in the closing of a foreclosure case and allow the sale of a defendant’s property in a public auction. A homeowner will usually receive a 10-to-30-day notice informing him or her about the lender’s plan to file the foreclosure action with the court. A homeowner will then have 20 to 30 days to respond from the time he or she receives the notice. The process could take weeks or months.