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Foreclosure-How To Resolve the Problem

Aug 17, 2007
Foreclosure is a legal proceeding in which a secured creditor or a bank repossesses or sells a property because of the failure on part of its owner to comply with an agreement between the borrower and lender. It is also known as a mortgage. In common language, mortgage violation is a default that takes place on a payment towards a promissory note that is secured by a lien on the property. After the completion of the process, it is declared that the lender has foreclosed the lien or mortgage.

There are two types of foreclosures, judicial and non-judicial. In a judicial foreclosure, the lender files a lawsuit against the person who is borrowing. In case the borrower does not respond to the lawsuit, the lender benefits from the judgment due to the default. The lender can advertise the sale of property for four to six weeks in the newspapers and if the amount is yet not paid, then a public sale is announced. An official appointed by the court presides over the auction and the lender can make a bid up to the amount owed. In case the lender bids high, he gets the title to the property and can eventually resell it. In the opposite case, the highest bidder gets the title and the lender gets the money.

In case of a non-judicial foreclosure, there are no lawsuits and instead there is a possibility that you can create a way out of the situation. The borrower and lender can reach a compromise that will be in the interest of both the parties. Ideally, the borrower gets his property and the lender keeps receiving the mortgage payments. If there is a temporary financial crisis that a borrower is facing, he can work out a plan for repayment with the lender or even delay the payments for a while. There is another possibility of extending or refinancing the loan. As a borrower, if you are able to meet the qualifying criteria then you can obtain a loan from HUD on your mortgage. You can even sell the property to repay the complete loan amount and though that will not be ideal, it will certainly eliminate the bad credit rating that you might earn due to non-payment.

If there are problems in resolving the loan default, then the process of foreclosure begins. This process begins with a letter from the bank called the Notice of Default or NOD. This situation comes up when you default for a period of three months. It is like a threat that the lender intends to take away your property, make you vacate or sell it. The property in such a situation is ultimately auctioned and the bank receives the proceeds.

If you are a homeowner, then foreclosure can be a very serious situation for you because there are possibilities of you losing your house or getting your credit rating marred badly. This can deter the financial institutions from lending money to you in the future. You can either search for some alternatives or ask for help from people. Never ignore the lenders as they can also provide alternatives.
About the Author
Stop Home Foreclosures by Selling Your Home Fast. As Is Now can help you get fast cash for your house in any condition. Our Licensed Realtors take out the hassle of selling your home. Visit us at http://www.asisnow.com.
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