When a lender is forced to go before a judge to enter an order of foreclosure, it is referred to as

• A. Judicial foreclosure
• B. Administrative foreclosure
• C. Power of sale
• D. Summary foreclosure

Answer: (C)

The situation described involves a court proceeding to obtain an order to foreclose, so it’s judicial foreclosure. In this path, the lender files a lawsuit, the borrower is served, and a judge issues a judgment of foreclosure and an order of sale. The sale happens under court supervision, and the process tends to be slower and more structured with potential opportunities for the borrower to respond or redeem.

Non-judicial foreclosure, known as a power of sale, occurs without court action. The lender or trustee relies on a power-of-sale clause in the loan documents to conduct a sale after default, typically through a trustee or public auction, with the process generally faster and less court-involved.

So, when the lender must go before a judge to foreclose, the correct concept is judicial foreclosure (the described path), rather than power of sale.