These Foreclosure Forms are for All Courts that preside over Residential Foreclosure Cases. In a judicial foreclosure, a civil lawsuit is filed against the borrower to obtain a court order to foreclose.Borrowers have a right to occupy their properties until the foreclosure process is complete. Doing so enables them to avoid the costs of mortgage, tax and home. Under Judicial Foreclosure: Your mortgage lender must file suit in the court system. You'll get a letter from the court demanding payment. In New York, all mortgage foreclosures are judicial foreclosures (meaning that the foreclosing lender must commence and prosecute a lawsuit). We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. In the past, VA routinely allowed either the non-judicial or judicial method of foreclosure in Nebraska.