These days we're seeing more and more homes going into foreclosure. This is due in part to the economy, and in part to the sub-prime lending fiasco of the past few years. Sometimes it's simply due to borrowing beyond one's means, or unexpected financial setback such as losing a job.
A foreclosure is legal proceeding in which the holder of a mortgage, or other lien holder, usually a lender, obtains a court ordered termination of the agreement and takes possession of the property.
When a mortgage or home loan or mortgage is underwritten, the lender or bank will get a security interest from the borrower. In effect, they are pledging the property or home as security collateral for the loan. If they fail to meet the payment terms, the lender or mortgage holder can try to foreclose, or repossess the property.
Besides failing to pay the mortgage note or loan, other lien holders can also foreclose the owner's right of redemption for other debts, such as for overdue taxes, unpaid contractors' bills or overdue HOA dues or assessments.
For a residential mortgage loan, the actual process of foreclosure proceeding can begin after the owner has failed to meet the mortgage agreement terms. Then the bank or creditor may look to take possession of the property so that they can recover their principle by reselling the property.
In foreclosure, the lender can opt to try and sell the property and keep the proceeds to pay off its mortgage and any legal costs. When this happens, this is considered as a lender foreclosing on the mortgage or loan. While there are some legal remedies, it is obviously much better to avoid going into foreclosure to begin with.
A foreclosure is legal proceeding in which the holder of a mortgage, or other lien holder, usually a lender, obtains a court ordered termination of the agreement and takes possession of the property.
When a mortgage or home loan or mortgage is underwritten, the lender or bank will get a security interest from the borrower. In effect, they are pledging the property or home as security collateral for the loan. If they fail to meet the payment terms, the lender or mortgage holder can try to foreclose, or repossess the property.
Besides failing to pay the mortgage note or loan, other lien holders can also foreclose the owner's right of redemption for other debts, such as for overdue taxes, unpaid contractors' bills or overdue HOA dues or assessments.
For a residential mortgage loan, the actual process of foreclosure proceeding can begin after the owner has failed to meet the mortgage agreement terms. Then the bank or creditor may look to take possession of the property so that they can recover their principle by reselling the property.
In foreclosure, the lender can opt to try and sell the property and keep the proceeds to pay off its mortgage and any legal costs. When this happens, this is considered as a lender foreclosing on the mortgage or loan. While there are some legal remedies, it is obviously much better to avoid going into foreclosure to begin with.
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