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All states allow this type of foreclosure and some require it. In a judicial foreclosure, the lender files a type of lawsuit with the judicial system to foreclosure on the property. The borrower will receive a notice in the mail demanding payment. The borrower then has only 30 days to respond with a payment in order to avoid foreclosure. If a payment is not made after a certain time period, the mortgaged property then proceeds into foreclosure and is sold at a public auction to the highest bidder, carried out by a local court or sheriff’s office.