In a judicial foreclosure, who initiates the process?

In a judicial foreclosure, it is the lender that initiates the process. This occurs when the lender files a lawsuit in a court to obtain a judgment against the borrower for the outstanding debt. The judicial foreclosure process requires the lender to demonstrate that the borrower has defaulted on their mortgage obligations. Once the court grants the lender a judgment, the foreclosure process can progress, potentially leading to the sale of the property to satisfy the debt.

The involvement of a lender in this context is critical, as they hold the financial interest in the mortgage, and thus have the legal standing to seek foreclosure remedies through the court system. This distinguishes judicial foreclosures from non-judicial foreclosures, where lenders may proceed without court intervention, but judicial foreclosures are specifically tied to judicial oversight and court rulings.