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Home Foreclosure Article
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Definition of Foreclosure on Default of Payment of Property Loans
from:Foreclosure is a legal term often on the minds of many American homeowners. The average American family works hard to afford a home in which their family can live comfortably. Most families do not have the cash up front to pay for their dream house in full. They will seek a loan from a financial lending institution such as a bank or a mortgage company to buy this home.
To secure the loan, these financial lending institutions must be certain that they will get back their money back. Since a good paying job does not guarantee that a loan of this magnitude will be paid back, they require what is known as collateral, an asset they can seize in lieu of payments if the loan is in default (no longer being paid back).
Normally the home that is being purchased with the loan is put up as collateral and if the mortgagor (person seeking the loan) does not pay back the loan to the mortgagee (money lender, borrower), the house goes into foreclosure. The money lending institution may obtain a court order to proceed with the foreclosure and repossess or seize the house in lieu of repayment of the loan.
In some instances the financial lending institution may attempt foreclosure on a home or other property, but if the borrower repays the loan, a court of equity may rule in favor of the borrower who at that point will be able to keep the home or property in question.
The contract between the financial lending company and the borrower is called a mortgage or deed of trust. When a contract has been entered, effectively the lending company has agreed to give the borrower a certain sum of money in which to purchase the said property. The borrower agrees to pay this money back (signs a promissory note). The contract will also stipulate that a lien will be placed on the property meaning that the financial lending company has a right to seize the property (repossess it) if the loan is not repaid in the time frame that is stipulated and according to the conditions set out in the contract.
The process of foreclosure is used in any contract whereby real estate, homes, farms, land, and other immovable property has been obtained through a mortgage, and the mortgage holder has defaulted on the payments.
Judicial Foreclosure is available in all the American states. When the borrower defaults on the loan, the property is sold. The proceeds from the sale of the property first goes to repay the balance on the existing loan, then to any other lien holders, and finally to the borrower if any proceeds are left over. All transactions are done legally through the court system.
Foreclosure by power of sale is sometimes added as a clause in the mortgage contract that defines the foreclosure procedure without court intervention. This procedure follows the same order as the Judicial Foreclosure however faster since the courts are not involved.
Home Foreclosure Specific links
Home Foreclosure News
Activists Protest Woodland Home’s Foreclosure
Activists from Occupy Sacramento and Woodland are going to battle this morning attempting to stop the eviction of Woodland family from their home after they say bank mistakes lead to foreclosure.
Read more...Terre Haute mayor fights foreclosure on his home
TERRE HAUTE, Ind. -- The mayor of a western Indiana city says he's 100 percent certain a home foreclosure suit filed against him will soon be resolved.
Read more...Weaver councilwoman resigns, faces home foreclosure
Weaver City Councilwoman Sheila Field said Wednesday that she is resigning from office as she faces the threat of losing her home to foreclosure.
Read more...Cities with the most homes in foreclosure
According to data released last week, the worst effects of the housing crisis are beginning to wind down. But some of the largest U.S. cities continue to lag behind the rest of the country.
Read more...Orlando new-home sales, home construction are up
Business has picked up from last year for Orlando-area homebuilders, and at least some of their new customers are an unlikely group of buyers: former foreclosure victims.
Read more...Terre Haute mayor fighting foreclosure
The mayor of a western Indiana city says he's 100 percent certain a home foreclosure suit filed against him will soon be resolved.
Read more...Gazette.Net: County foreclosure rate up 55 percent in April
Montgomery County’s home foreclosure filing rate in April leapt 54.5 percent from March, but fell 11.9 percent from April 2011, according to new data from RealtyTrac of Irvine, Calif.
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