Non-Judicial vs. Judicial Foreclosure
A nonjudicial foreclosure process is typically used in states that use deeds of Trust, including California. In a nonjudicial foreclosure, the lender can foreclose without going to court which shortens the foreclosure timeline, typically less the one year and as short as five months.
Judicial foreclosures exist where the foreclosure must go through the state court system and are typical in states that have Mortgages as the security instrument. Judicial Foreclosures lead to longer foreclosure timelines which can be more than a year and up to three years in New Jersey. The following five states have exceptionally long foreclosure timelines: NJ, NY, FL, HI and IL, averaging from 830 days to 1,103 days.