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The Definition of Foreclosure


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When money is borrowed to buy a house or any other sort of property for residential or even commercial purposes, a loan is usually what has been taken out in order to make the said purchase. Such a mortgage loan comes with an obligation to make certain amounts in monthly repayments over a period of years. The most common amount of years, is the 30 year period, however alternative shorter terms exist such as the 10, 15 and 20 year periods as well. Despite the various terms of your particular loan agreement, you are always required to make regular interest and principal payments otherwise the lender can utilize their legal right and repossess the property and sell it to recoup their funds as well as interest and various penalties.

When mortgage holders fail to make the required monthly mortgage payments for a number of months, the creditor then starts off by making a lien on the said property; this usually requires the borrower to pay off the whole amount of the loan before the property deed can be released to any other person. Although mortgage holders can start foreclosure proceedings after just a single missed payment, a number of them wait at least 3-9 months before they opt for foreclosure because of the time and costs required.

The primary step for those who want to repossess a property or foreclose on a mortgage loan is usually called, Acceleration. This initial stage is where the amount which the borrower owes is determined. This amount can be requested for full repayment immediately if the loan contains an acceleration clause.

Anyone who falls behind on their mortgage must determine how much principal they own on the loan. If a sum of $100,000 was borrowed in order to buy a home and $20,000 has been paid in principal payments, a lender that calls in the loan would require you to pay the $80,000 balance in a predefined period of time which is usually a 30 to 60 day period.

As soon as the final amount which is owed has been resolved, most states stipulate that lenders should go before a district court in order to ask for permission to repossess the said property and sell it at an auction. Different states have their own foreclose laws and limitations and it is often difficult to determine the mode the proceedings will take in particular states. However, most of these proceedings will require an appraisal first of all. After this a formal notice of foreclosure will usually be offered before a public auction in order to recoup the lost loan amounts.

If the said property is sold for less than the amount owed, a number of states may require that the borrower pay off the balance to a certain point which may prove difficult for a number of borrowers.

Foreclosure is a rather difficult process and will always affect the ability of borrower to purchase any property in future for a minimal period of no less than 7 years.

Guy Starbuck is a health oriented homeowner who writes for , and .


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