Which type of foreclosure proceeding is handled as a civil lawsuit and conducted under the auspices of a court?

Prepare for the North Carolina Broker Reciprocal Exam. Sharpen your skills with flashcards and multiple-choice questions. Each question offers explanations to ensure clarity and understanding. Get ready to excel!

Judicial foreclosure is the correct answer because this type of foreclosure involves a formal court process. In a judicial foreclosure, the lender files a lawsuit in court to obtain a judgment against the borrower for the outstanding debt secured by the mortgage. This process allows for a legal determination regarding the validity of the foreclosure and provides the borrower with the opportunity to contest the action. The court oversees the proceedings, ensuring that the rights of all parties are addressed in compliance with statutory requirements.

In contrast, non-judicial foreclosure does not require court involvement, enabling lenders to foreclose on a property without a lawsuit. The replevin action is a legal process used to recover personal property wrongfully taken or retained. A deed in lieu of foreclosure is an arrangement where a borrower voluntarily transfers the title of the property to the lender to avoid foreclosure, thus bypassing court proceedings entirely. Understanding these distinctions helps clarify why judicial foreclosure specifically is linked to civil lawsuits and court supervision.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy