I've always heard that a non-judicial FC is only allowed unless a judicial challenge is made to the legality of it, and if so, it must be converted to a judicial FC. Meaning, of course, whomever gave their POA to the lender to foreclose based on the terms
of the deed and note, but if this individual challenges the legality of the non-judicial foreclosure, that it must be converted to judicial by virtue of the constructive notice
given the note/deed holder vis-à-vis being served with the complaint, and appropriate
lis pendens filed. If true, is this as a pure function of law relative to ANY administrative process being challenged in court, and/or are there statutes/case law specific to judicial and non-judicial foreclosure? Obviously, if either of these are correct,
then the courts have constantly ignored same, as MANY non-judicial FC's are challenged in court, but only a small percentage are given stays until the case filed is adjudicated, and I've never read any verbiage stating something like "due to borrower's judicial
challenge to deed/note holder's non-judicial right to foreclose, this case is being converted to a judicial action".