Who conducts a judicial foreclosure sale and what costs are involved?

Business 8 views 4 answers
In a judicial foreclosure sale, does the lender or borrower cover any costs leading up to the sale? For example, who sets up the location, auctioner, appraisal, etc.? What components are involved in the sale that cost money?

Attorney Answers

4
Richard Price ·
The lender bears the costs of the litigation. But a judicial foreclosure may allow a deficiency judgment against the borrower, which is about the only reason why you would do a judicial foreclosure. If you can't get a deficiency judgment and collect against the borrower, then don't do a judicial foreclosure. This is all set up and approved through the court.
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Ute Ferdig ·
The Sheriff's Office will conduct the sale once there is a court order for the sale of the property. You can find the fee schedule online (see link below).
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Anthony Roach ·
Ms. Ferdig is the only attorney who is correct. A judicial foreclosure involves filing an actual lawsuit against the borrower to foreclose the deed of trust or mortgage that is the subject of the foreclosure proceeding. The actual sale is conducted by the sheriff, pursuant to a writ of sale issued by the court. The sale is not conducted by private entities.
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