Welcome to An Informative Guide to Foreclosure
Listing Foreclosure Article
. For a permanent link to this article, or to bookmark it for further reading, click here.
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.
Listing Foreclosure Specific links
Listing Foreclosure News
Oregon foreclosure filings drop in April as lenders shift attention east
Foreclosure listing firm RealtyTrac said foreclosure filings during the month were nearly cut in half compared with April of last year.
Read more...Foreclosure Starts Continue To Fall In Nevada, The West
Foreclosure starts continued to decline in Nevada and other Western states in April, offsetting small gains in new foreclosure filings from the previous month, ForeclosureRadar.com listing service reported Tuesday. In Clark County, notice of default filings
Read more...2012 First Quarter Auction and Foreclosure Activity in the Chicagoland Area
Based on the latest numbers released by the Illinois Foreclosure Listing Service, new foreclosure filings in the Chicagoland seven-county area totaled 6442 in February, compared with 6168 in February and 7201 in March 2011. Completed foreclosures — those selling at auction or reverting back to lenders — increased to 2,914 in March from 2,890 in February and 1,791 in March 2011. This totals just ...
Read more...US foreclosure trends improved April, but state-level data point to more repossessions ahead
National foreclosure trends took a positive turn in April, as the number of homes seized by banks declined and fewer properties entered into the foreclosure process.
Read more...April 2012 Foreclosure Activity: Time to Invest?
The stats compiled by Illinois Foreclosure Listing Service for April 2012 show that the steady increase of foreclosures has come to an end, at least during April 2012. In April, all of the seven Chicagoland counties showed a decline in foreclosure activity. Comparing April 2011 to April 2012, there was a 22.1% increase in foreclosure activity during that particular month.Chicago, IL (PRWEB) May ...
Read more...Report: Foreclosure filings slow in Utah, U.S.
Report: Foreclosure filings slow in Utah, U.S. STAFF AND NEWS SERVICES Published May 18, 2012 12:03AM MDT Foreclosure activity in Utah has fallen sharply over the past year, a new report shows. The number of foreclosure-related filings — ranging from notices that a homeowner is behind on a mortgage to repossession by a bank — fell by 21 percent from April 2011 to last month, foreclosure listing ...
Read more...Summary Box: US home repossessions fell in April
FORECLOSURE ACTIVITY: Foreclosure listing service RealtyTrac Inc. says foreclosure-related notices were reported on 188,780 U.S. properties last month. That's the lowest monthly total since July 2007. The April figure represents a decline of 5 percent from March and a drop of 14 percent from April last year.
Read more...