The foreclosure process comes with a lot of different actions, paperwork, and notices. For the average person, all the paperwork and hearings can be confusing – and at times, frustrating. One of the actions that you may see during the course of your foreclosure is the judicial default. Technically speaking, the definition of a judicial default is, “a binding judgment in favor of either party based on some failure to take action by the 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,” according to the online foreclosure glossary.
A judicial default, simply put, is a default issued by a judge.
What does a judicial default mean for you? A default judgment, when in regards to mortgage defaults, can end a foreclosure case, allowing the sale of the defendant’s house or property in a public auction. Typically, you will receive a 10 to 30 day notice of the lender’s (your bank/mortgage company) aim to file the foreclosure action with the court. You have a period of 20-30 days from the date of the notice to react. Depending on your response, the process could take anywhere from 30 days to several months to be completed. Most likely, you’ll have a minimum of two months from the first notice to the date of the sale. However, if you contest this process, expect the amount of time to double.
Stephen K. Hachey, a Florida foreclosure attorney, can help your wade through this process and determine a positive solution. Contact him at 866-200-4646.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.