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The process to recover the loan balance after a default by the borrower on the payment is called a foreclosure. Typically, this includes taking title of the property used for securing a debt, selling the same as well as applying the proceeds into the debt balance. Most often this is used with regards to real property like be a home or any other domicile and repossession. On the other hand, it can also mean personal property used for securing the loan and bought on credit.
Some consumer protection laws help in directly addressing the foreclosure. The property owners have legal defenses accessible to them if they think that a foreclosure, threatened or actual is erroneous or invalid.
Facts about Foreclosure
To understand foreclosure one needs a little understanding regarding secured transactions like buying a house. Often people have a scarcity of money while buying a house if they have to pay the amount fully in cash. A home purchase thus has 3 key parties- mortgage lender, a seller, and a borrower/buyer. The borrower/buyer invests some money, and the lender pays the rest. During closing time, a deed is signed by the seller transferring the borrower/buyer the title. They then sign a promissory note that obligates them to pay the lender along with that security instrument like the deed of trust.
Should the borrower/buyer fail to make the payment and/or fails to meet the other obligations, right away the lender will have the right to foreclosure. To know more about foreclosures, contact Larry Friscia law offices.
Mortgage Holders or Lenders’ Foreclosure
Be it the lender or any other mortgage holder, the process of foreclosure generally begins by declaring the borrower to be in default. It may accelerate the note which means it needs instant payment of the balance in its entirety if the note has a clause that allows this. Till the borrower is capable of paying the amount in full, the lender will possess the right of taking title to the property in the debt’s satisfaction.
Despite this, if the property’s value is less compared to the loan’s balance, the lender may need the borrower to pay that difference which is called the deficiency. The majority of the deeds of trust or other forms of security instruments enable non-judicial foreclosure through which the lender will be capable of foreclosing without getting involved in the court system. A judicial foreclosure needs a lender in filing a lawsuit and obtaining a court order.
Apart from this, there is also foreclosure by the homeowners’ association and contractors. There are a couple of ways however of keeping away from foreclosure. These include but are not limited to payment of loan, forbearance, deed that is lieu of the foreclosure and short sale.
In fact, there are also cases of foreclosures resulting from outright fraud, bad advice, and misunderstandings. Since usually foreclosures rest on the private contract, most courts have rejected challenges expressly to foreclosure resting on the due process. To know more get in touch with a lawyer that specializes in foreclosure law.