One happens through a court case; the other happens without one.

A judicial foreclosure requires the lender to sue the borrower, prove the default, and get a court order before the property can be sold. That usually means formal notice, filed pleadings, deadlines to respond, and a judge's oversight from start to finish. A non-judicial foreclosure skips the lawsuit and follows a sale procedure set out in state law and the mortgage or deed of trust, often using a power of sale clause. It is usually faster and cheaper for the lender, but the borrower gets fewer chances to fight the process in court before the sale happens.

The difference matters because it affects timing, leverage, and how much notice a homeowner gets. In South Carolina, foreclosure is generally judicial, meaning the lender must go through the court system rather than simply schedule a sale on its own. That can give borrowers more time to raise defenses, negotiate a loan modification, or challenge mistakes in the claimed default.

For an injury claim, foreclosure status can change who controls the property, who carries liability insurance, and who may be responsible for dangerous conditions. If someone is hurt on a property during or after foreclosure, the answer may depend on whether the owner, lender, loan servicer, or a later buyer had possession and maintenance duties at that point.