What document initiates the judicial aspect of foreclosure?

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The document that initiates the judicial aspect of foreclosure is the lis pendens. This Latin term translates to "pending lawsuit" and serves as a public notice to all parties that a legal action has been initiated regarding a specific property. By filing a lis pendens, the lender formally notifies the court and the public that litigation concerning the ownership or title of the property is occurring, which is essential in foreclosure proceedings.

When a lender files for foreclosure, they need to inform other interested parties that a legal claim is being made against the property to protect their rights and interests. The filing of a lis pendens ensures that anyone interested in the property will be aware of the pending litigation, thereby preventing any claims from being made that could interfere with the foreclosure process.

The options that involve a foreclosure application or a notice of default pertain to earlier stages or notices within the foreclosure process, not the initiation of judicial proceedings. Similarly, while the mortgage deed is crucial in establishing the loan agreement and securing the property interest, it does not itself initiate the judicial aspect of foreclosure.

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