In a judicial foreclosure process, which entity initiates the court proceeding?

In a judicial foreclosure process, the beneficiary, often the lender or mortgage holder, is the entity that initiates the court proceedings. The judicial foreclosure is a legal process that requires the lender to file a lawsuit against the borrower to obtain a court order permitting the foreclosure. This process allows the lender to secure a judgment, which is necessary to proceed with the sale of the property in question if the borrower defaults on the mortgage.

The borrower, or homeowner, does not typically initiate the judicial foreclosure process; instead, they are the party being sued by the lender. While both the borrower and homeowner refer to the same individual in this context, they serve different roles in the foreclosure transaction.

The trustee is involved in non-judicial foreclosures, where the process does not require court intervention, and is typically appointed to handle the sale of the property when a borrower defaults. Therefore, in judicial foreclosures, it is the beneficiary who has the standing and responsibility to initiate the court action to reclaim the property due to nonpayment.