With the collapse of the real estate market, the word "foreclosure" has unfortunately become an often used word in the English language. This article will provide information about the types of foreclosures found in various states and how they work.
Foreclosure is the legal process by which a real property security holder recovers the real property that secures its loan. Much like an auto repossession when the borrower does not pay, foreclosure allows the real property lender to take back the property.
The bank that made the loan to you for your house can do this because as part of its agreement to loan money to the borrower, the lender is granted a lien by the homeowner which the bank can enforce should the homeowner refuse or be unable to pay.
The most frequent type of of foreclosure is known as a "non - judicial" foreclosure. This type is pursuant to the power of sale clause contained in a mortgage or deed of trust. This method is the most common type of foreclosure because unlike a "judicial" foreclosure no court action or judicial proceeding is required. In the state of California, virtually every foreclosure is a "non - judicial" foreclosure because it takes very little time and money to take back the property from the borrower.
The "non - judicial" foreclosure process involves the sale of the property by the mortgage holder without court supervision. This process is generally much faster and cheaper than foreclosure by a court ordered judicial sale and unless stopped voluntarily by agreement between the borrower and lender, by bankruptcy stay or court a ordered stay, can take less than six months.
A" non - judicial" foreclosure culminates in a trustee's sale. At the trustee's sale the real estate will be auctioned to the highest bidder. Should bids not be forthcoming the property will revert to the lender whose loan is in default. If there are bidders, the foreclosing bank can keep the proceeds pay off its loan and any legal costs. Amounts in excess of the lender's loan will be used to pay off junior or subordinate liens. Should there be a balance after the payment of all liens it will be paid over to the borrower.
Foreclosure by court, commonly known as a "judicial foreclosure," is available in every state and in some states is required. This involves a legal action in which the lender files a lawsuit that asks for a sale of the real property. As with other court actions, constitutional dictates of "due process" allow a homeowner to answer the lawsuit and present legal defenses. At the conclusion of the case a decision is made in favor of either the lender or borrower. Should the lender prevail, the property is sold with the proceeds going to satisfy the foreclosing lender; then other lien holders; and, finally, the mortgagor/borrower.
More information about foreclosure can be found at http://www.palmspringslitigationattorney.com
Foreclosure is the legal process by which a real property security holder recovers the real property that secures its loan. Much like an auto repossession when the borrower does not pay, foreclosure allows the real property lender to take back the property.
The bank that made the loan to you for your house can do this because as part of its agreement to loan money to the borrower, the lender is granted a lien by the homeowner which the bank can enforce should the homeowner refuse or be unable to pay.
The most frequent type of of foreclosure is known as a "non - judicial" foreclosure. This type is pursuant to the power of sale clause contained in a mortgage or deed of trust. This method is the most common type of foreclosure because unlike a "judicial" foreclosure no court action or judicial proceeding is required. In the state of California, virtually every foreclosure is a "non - judicial" foreclosure because it takes very little time and money to take back the property from the borrower.
The "non - judicial" foreclosure process involves the sale of the property by the mortgage holder without court supervision. This process is generally much faster and cheaper than foreclosure by a court ordered judicial sale and unless stopped voluntarily by agreement between the borrower and lender, by bankruptcy stay or court a ordered stay, can take less than six months.
A" non - judicial" foreclosure culminates in a trustee's sale. At the trustee's sale the real estate will be auctioned to the highest bidder. Should bids not be forthcoming the property will revert to the lender whose loan is in default. If there are bidders, the foreclosing bank can keep the proceeds pay off its loan and any legal costs. Amounts in excess of the lender's loan will be used to pay off junior or subordinate liens. Should there be a balance after the payment of all liens it will be paid over to the borrower.
Foreclosure by court, commonly known as a "judicial foreclosure," is available in every state and in some states is required. This involves a legal action in which the lender files a lawsuit that asks for a sale of the real property. As with other court actions, constitutional dictates of "due process" allow a homeowner to answer the lawsuit and present legal defenses. At the conclusion of the case a decision is made in favor of either the lender or borrower. Should the lender prevail, the property is sold with the proceeds going to satisfy the foreclosing lender; then other lien holders; and, finally, the mortgagor/borrower.
More information about foreclosure can be found at http://www.palmspringslitigationattorney.com
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Looking to find answers to your real estate problems, then visit www.losangelesrealestateattorney.com to get the best advice on real estate and foreclosure .
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