Orienting yourself without pretending to be a lawyer
Foreclosure processes vary widely by state (judicial vs. non-judicial, timelines, notices). This is a general orientation only.
1. Judicial vs. non-judicial (big-picture)
- In judicial foreclosure states, the lender usually must:
- File a lawsuit in court
- Serve you with a summons and complaint
- Get a judgment before a sale can occur
- In non-judicial foreclosure states, the process often:
- Uses notices and trustee sales
- May not involve a full court case unless you challenge something
Know which type your state is, so you know whether:
- The fight happens mainly in court, or
- The fight happens around notices and sales, with court as a place to challenge.
2. Very rough stages (judicial style)
Typical (but simplified) judicial path:
- Pre-foreclosure
- Late payments, default letters, sometimes pre-foreclosure notices.
- Case filing
- Lender files complaint; you are supposed to be served.
- Response stage
- You may have a deadline to answer or respond (often by filing an Answer or motion).
- Motion / discovery phase
- Motions for summary judgment, motions to dismiss, discovery requests, etc.
- Order of reference / referee (in some states)
- Court may appoint a referee to compute the amount due.
- Judgment & sale
- Final judgment of foreclosure, then scheduling and notice of sale.
You do not need to memorize this—you just need to know roughly where you are.
3. Questions to ask: “Where am I right now?”
Ask yourself (or an attorney/legal aid):
- Has a case already been filed, or are we still in “threat letter” stage?
- Have I been served with a summons/complaint (even if I found out late)?
- Has the court entered a judgment already?
- Is a sale date scheduled? If so, when?
- Is there any appeal pending?
These answers change what’s possible and what’s urgent.
4. Finding state-specific info (without getting lost)
Look for:
- Official court websites that explain foreclosure steps in your state
- State Attorney General or housing agency guides
- Legal aid or nonprofit resources that describe your state’s process in plain language
When you read:
- Keep a pen handy and write:
- “This is where I am now.”
- “This is what seems to have already happened.”
- “This is what might come next.”
5. How this fits with your other tools
Use this overview together with:
- Your Timeline Worksheet (Guide 5)
- Your Document Folder (Guide 6)
- Pattern guides (Service, Assignments, Timelines, Behavior)
The goal is not to become an expert. It’s to stop feeling like you’re in a dark tunnel with no map.