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Understanding the Steps Involved in the Process of Foreclosure

Author: Navjeet Kaur
by Navjeet Kaur
Posted: Jun 24, 2014

When purchasing a house, most people do not think of losing it to a foreclosure. It usually happens when a home owner is unable to repay the loan within the stipulated time. However, foreclosures do not happen all of a sudden as the lending institution takes certain steps during this process. Each state has different set of laws for foreclosure and the time depends on the rules, thus varying from one region to another. So, make sure to be well familiar with the rules for the area, your property is located in. Below mentioned are the steps involved in the process of foreclosure.

Missed payments

It is worth understanding that your lenders would not call you until it has been thirty days since you missed your home loan payments. If you are aware that you might miss your payments, it is wise to inform the lending institution as early as you can to build the rapport. As lenders are people, they are forgiving, provided you let them know the reasons for your missed or late payment. At this initial stage, the only consequence is that your credit score might be adversely affected due to late or missed payment.

Notice of default

The lending institution is certain to give you a notice of default if you miss three successive monthly mortgage payments in ninety days. This is the initial step towards foreclosure that makes this document enormously vital. The document also states how to make the mortgage active again.

Months leading to auction

In the month leading to auction, the lenders publicize your real estate for sale so as to sell it. Once the process of property repossession begins, it gets even more difficult to convince your lender on finding out a new loan payment plan.

Losing your real estate is not only a painful process, but it hurts your credit to an extent that you might have to struggle to get any kind of credit for several years to come. Therefore, it is wise enough to try to sell your home to avoid losing it. Selling a house to a property investor via a short sale is what people usually do to stay away from repossession.

As per the rules in some states, you might be allowed to stay in the house until the process of auction is complete.

Eviction

As just talked about you might be able to stay in your residence till the new owner takes possession of the title deed to the real estate. The process of eviction is totally different from repossession, having different rules. Be sure of consulting a real estate lawyer or an attorney to ensure you are well-known about what is likely to happen during the process.

Redemption

Some states offer you a certain period of time to reclaim your home and mortgage. Known as right to redemption, it lasts nearly one year. However, it is viable to talk to your local lawyer to make out if this option is right for you or not.

Foreclosures are hard to handle, so make certain that you have enough funds to make timely mortgage payments before you close the deal.

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Author: Navjeet Kaur

Navjeet Kaur

Member since: Oct 29, 2013
Published articles: 896

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