Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments. Foreclosures can happen to any type of property, including homes, condos, and land. In Texas, there are two main types of foreclosure: judicial foreclosure and non-judicial foreclosure.
Judicial foreclosure is a process that is overseen by the court. The lender must file a lawsuit against the borrower and obtain a judgment before they can foreclose on the property. Non-judicial foreclosure is a process that is not overseen by the court. The lender can foreclose on the property without having to file a lawsuit if the borrower has signed a power of sale clause in their mortgage contract.