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Steps Involved in a Foreclosure

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Anonymous

15y ago
Updated: 9/16/2019

Foreclosures are becoming a more common form of dealing with financial stress in this country. When a person forecloses on a home, basically a bank repossesses a home. This happens when a person is unable to make the monthly payments on a mortgage. In different states, there are various procedures and laws for foreclosure. Foreclosure law is a specific spectrum of law but also varies greatly from state to state.

Typically, a foreclosure begins the moment a lender files a lien against a property. Filing a lien occurs through a court action. As soon as this court action is filed, then the foreclosure process has officially started. A pending lawsuit which is called a Lis Pendens will be filed against the mortgage borrower. A person will be notified typically in a publication or through a mailed letter.

A borrower must respond to this action within a certain period of time. If he or she fails to respond, then the county clerk may place the borrower in default. The lender will then be allowed to ask the court for a final ruling on the situation at hand.

In various states, the lender is not legally required to notify a borrower that a foreclosure is pending. This means that a person should always be aware of his or her home finances. Always be sure of what is happening with your home, especially if you have failed to make payments on the home.

Up until the final date that the sale takes place, a person may be able to stop the foreclosure from taking place. Many people choose to do this, since a foreclosure can negatively impact one’s credit score and overall financial well being. A sale will usually take place about 20 or 25 days after the court proceeding has taken place. It is very important to try everything possible to pay for the foreclosed home before the final sale takes place. Once the sale takes place, there is truly no turning back in the process. Otherwise an auction will take place on the home and a bidder will be able to buy it for a reduced price.

Foreclosure is a complicated process. It is important to be aware of your home finances before foreclosure takes place.

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15y ago

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