Posts Tagged ‘foreclosure’

Few Important Things That You Must Know About Foreclosure

Thursday, December 22nd, 2011

The incidence of foreclosure has become very common in the country. A foreclosure is defined as legal process through which your right to your property is terminated through court decree. This mainly arises since you default in making mortgage payments to your lender. A foreclosure program typically involves forced sale of the property at public auction, with the proceeds being applied to the mortgage debt. So, quite obviously, foreclosures are dreadful to you since if you have to opt for foreclosure, you would have to lose your house.

It is often seen that you take out a home mortgage loan in order to make some real purchase. A mortgage is a legal contract between you, the borrower and the lender. If you take out a mortgage loan, you are required to make mortgage payments to the lender till the entire mortgage amount is paid off. Once the entire mortgage amount is paid off, you get the ownership right of that property. However, if you make regular delays or regularly default in making mortgage payments, you have to tread the way of foreclosure. However, in case you make delays once or twice or default in a very few occasions, your lender will not foreclose, since foreclosure is a very lengthy and expensive process. However, if you make delays or default in making payments on a regular basis, then the axe of foreclosure falls upon you. Generally, your lender first sends letters to you asking for mortgage payments. If you do not respond positively, then the foreclosure process starts. In case you face the problem of temporary lay off, then you can request your lender for some more time.

However, in case of a foreclosure, first of all, you receive a document from the court which is known as the petition for foreclosure. If you are undergoing foreclosure proceedings, you need to know certain things about foreclosure. These things are listed below.

  • Foreclosure laws vary widely from state to state. You need to be well aware of the state laws pertaining to your foreclosure in your state. In some of the states, where mortgages are used, you can stay in the property for almost a year. Again, in some states where trust deeds are used, you have less than four months.
  • In many of the states in the country, buyers have to provide certain disclosures related to equity purchases. Failure to do so will lead to lawsuits, fines etc.

It would be best if you can avoid foreclosure process. Another option available before you is to opt for a deed in lieu of foreclosure. However, in case of a deed in lieu of a foreclosure, first of all, you have to request your lender. If your lender is agree, you can opt for that instead of going into a foreclosure process.


Incoming search terms:

  • important things in foreclousre