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from: Foreclosure Procedures: Step By Step Of The Process
You may want to know about foreclosure procedures and I may give you ample amount of information regarding it. To some people, going under a traumatic and painful experience of repossession of their properties due to their failure to meet their monthly amortization and may be best for them to know about what would come their way if foreclosure procedures begin.
Remember, knowledge is power and it is always best to be armed with the right amount of information so as to not find yourself lost in a web of confusion. Knowing the foreclosure procedures is one way of preventing and if not, at least knowing where you stand in the process.
Methods In Foreclosure Procedures
There are four methods or ways when it comes to foreclosure procedures and the first method is called the Strict Foreclosure wherein the lender of mortgagee becomes the sole owner of the property when the borrower or the owner defaults. The second one is called the Judicial Foreclosure or what is commonly known as the “public sale” wherein the court has decided on questions about the title and has approved for the foreclosure to proceed. The third foreclosure method is the foreclosure by power sale and lastly, foreclosure through the deed in lieu method.
Just remember that every foreclosure is governed by the law which may sometimes vary from state to state. And because of this, different states often observe different foreclosure procedures when it comes to repossession.
The Steps
First step of foreclosure procedures is all about court actions wherein the lender or claimant informs the borrower about the summons or foreclosure complaint and the borrower is expected to properly respond to this to prevent foreclosure through a court hearing. When the borrower failed to respond to the foreclosure complaint filed by the lender, the court accepts a default and the court automatically judge in favor of the lender against the property owner. The judge would give all the terms and conditions about the type of foreclosure that has been bestowed. At most cases, “lis pendens” is filed by the lien holder and has information about the type of foreclosure and the property description. The borrower could still save his or her property by paying it in full amount during the pre-foreclosure period.
If worse comes to worse and the borrower still failed to pay or save the property within the pre-foreclosure period, he or she loses the ownership and title examination would take place to know if there is a third party defendant. And if the court agreed in favor of the lender, the lender resells the property to a public auction and if there is a previous balance to the borrower, the borrower gets paid and it is determined through deficiency proceedings. If the borrower has the right to redeem the property, a sales notice would indicate such right and the redemption value of the property. Lastly, the court would transfer the deed to the new owner all the taxes, additional defendant, and sale-related expenses were paid off.
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