Foreclosure occurs when a homeowner can't make mortgage payments and the bank seizes the home, which was acting as the collateral or security on the loan. The bank then sells the home to try to recover their losses.
Process of Foreclosure
The foreclosure process generally begins when a homeowner falls behind in making their required mortgage payments. A mortgage is a secured loan, unlike credit card debt or a personal loan. The debt is secured by the house, which means that the house guarantees the loan and can be taken if the homeowner doesn't pay.
As soon as a homeowner misses a payment, the lender will generally send a letter to the homeowner. The notice will request payment be made and will often include a late fee or other such charge.
If the individual pays at that point, the foreclosure process stops. If a payment isn't made, then lenders may continue with the foreclosure process. Usually, this involves phone calls attempting to collect the money.
If the homeowner still doesn't pay, at some point the bank or lender will generally send a demand letter demanding payment in full by a set date. If the homeowner does not make payment in full, the home is in danger of being taken.
The exact process by which the home is taken varies depending on the state.
- The act of foreclosing, especially a legal proceeding by which a mortgage is foreclosed.
- A property that has undergone foreclosure: decided to purchase a foreclosure.
foreclosure - Legal Definition
- In fact, even if a lender has a policy of initiating foreclosures after a specific amount of time, the foreclosure process may not begin as scheduled if the lender is already backlogged with a large number of foreclosures.
- The Department of Housing and Urban Development (HUD) provides information and training to homeowners, real estate professionals and lenders about home purchase, mortgage financing, down payment assistance and foreclosure avoidance.
- Foreclosure Free Search - While this website appears to have free HUD home listings upon arrival and will even show you small descriptions with addresses in your area, not all are HUD homes and most are general bank foreclosures.
- Additionally, the procedures involved with selling a foreclosed home at a reduced price will vary depending on what type of foreclosure the home experienced, such as a mortgage loan foreclosure or a real estate tax foreclosure.
- If you can find a home in pre-foreclosure, you may be able to negotiate a short sale with the seller, getting perhaps an even better deal and avoiding some of the potential red tape associated with a formal foreclosure sale.