Lender must prove its case to the Judge. Both sides testify and show evidence and Judge decides case.Against a mortgagor. To begin a foreclosure action, the noteholder's representative files various documents with the court in the form of a "complaint. Under our prevailing law on extrajudicial foreclosure, the mortgagee must be given an express authority to sell the mortgaged property. This article describes the steps and timeline of a foreclosure case from beginning to end. 1. Mortgage in default 2. Forms and fees are located here. How to save your home from foreclosure. Judicial foreclosures are processed either in federal or state courts and are the primary responsibility of the Department of Justice (DOJ).