Judicial vs. Non-Judicial

Home foreclosure practices in the United States vary by state.  The main defining characteristic is whether a state is referred to as a judicial or non-judicial state.  In a judicial state, the lender is required to initiate and process the foreclosure action through the court system.  In a non-judicial state, the lender still needs to notify all the interested parties but can effectively auction off the property  after the relevant default time period (usually 90 to 120 days).

Foreclosure timelines in judicial states can be significantly longer and may extend well beyond a year.  The largest judicial states are: New York, Florida, Pennsylvania, Illinois, Massachusetts and New Jersey.  To the extent banks have extended temporary foreclosure moratoriums, these have typically been in judicial states.