What is a Judicial Execution?

One of the best ways to effect foreclosure is through court proceedings. A property that has been judicially foreclosed on is usually safer to buy than one that has been extrajudicially foreclosed on. The reason is obvious, in judicial execution, the order comes from the court itself and what the court has thus ordered can only be revoked through another judicial process, no less.

Judicial foreclosures begin when the creditor files a lawsuit and files a notice of lis pendens with the court. A Lis Pendens notice serves as public notice that the property in question is under litigation and that it would not be safe to purchase said property before the Court has resolved the case. Upon the filing of the lawsuit in Court by the creditor, the owner or the defendant will receive a notice of the lawsuit. The notice may be delivered either by direct service or by mail. When the respondent cannot be located and served personally, a notice by publication must be made. Keep in mind that serving the notice is very important to the success of the case because, by law, the defendant must have an opportunity to defend himself in court.

During the hearing, both the complainant and the respondent will have the opportunity to present and defend their case. In the event that the Court deems the claim admissible, it will order the foreclosure of the property. The Court will then issue a court order authorizing the bailiff to sell the foreclosed property to the highest bidder during a public auction.