Which type of foreclosure is conducted as a civil lawsuit under court supervision?

Judicial foreclosure is a type of foreclosure that occurs through a court process. In this scenario, the lender initiates a lawsuit against the borrower, and the court supervises the proceedings. This method allows for a legal evaluation of the case, ensuring the rights of both the lender and the borrower are considered. The court can also ensure that the foreclosure process adheres to state laws and procedures, providing an additional layer of oversight that benefits all parties involved.

In contrast, power of sale foreclosure and non-judicial foreclosure do not require court involvement. Power of sale foreclosure permits the lender to sell the property without going through the court system, usually based on a clause in the mortgage agreement. Non-judicial foreclosure also bypasses court, allowing lenders to take action without a lawsuit. Substitute foreclosure is a term not commonly used in this context and doesn't accurately describe a recognized method of foreclosure within Kansas real estate law.

The structured judicial process in judicial foreclosure provides borrowers with an avenue to contest the foreclosure, potentially offering more protections for their rights compared to other types of foreclosure methods.