US Supreme Court Weighs-in on Foreclosures in Non-Judicial States


A recent decision by the U.S. Supreme Court will make it harder for borrowers to fight foreclosures in non-judicial states.  According to a report from HousingWire, the court ruling awarded more protection to law firms, mortgage lenders and servicers in serving non-judicial foreclosures.  They say it is a victory for the mortgage industry and it may eliminate thousands of homeowner lawsuits.  States have different foreclosure requirements but generally fall into two categories;  judicial or non-judicial, which by name determines who gets to decide the foreclosure.  The case stemmed from homeowner in Colorado (a non-judicial state) who attempted to fight foreclosure by invoking provisions of the federal Fair Debt Collection Practices Act.

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Director of Education & Outreach, National Real Estate Investors Association

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