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What is the difference between a foreclosure and short sale?
A foreclosure is the surrender of the property to the lien holder for nonpayment of the debt. A short sale is the sale of the property before the completion of the foreclosure in an attempt by the home buyer and the lender to avoid foreclosure proceedings.
What happens when you stop making mortgage payments?
The bank takes your house. * After a prescribed period of time the lender will begin foreclosure proceedings. In some US states the lender does not need to go through the court to implement a foreclosure and the action can be rapid. In states that require the lender to use prescribed legal procedure, foreclosure can take several months.
If your house in foreclosure and is up for sale can it still be forclosed on by the lender?
Yes, the act of listing your home for sale will not stop or stall the foreclosure proceedings. Homes can be listed for sale for months and even years.
How do you know what constitutes a foreclosure?
Your first notification should be from your lender notifying you that forclosure proceedings have been filed. All states have very strict laws on how notice of foreclosure is given. This sometimes is a plus in staving off foreclosure, which is not as 'cut and dried" as some believe it to be.
How does bankruptcy stop foreclosure?
The bankruptcy stay prevents any action by the lender until the BK is finalized. Be advised that a mortgage lender can petition the court to have said stay lifted so foreclosure proceedings can continue. That rarely happens though. Unless the debtor reaches an agreement with the mortgage holder to reafirm the lending agreement the foreclosure will likely occur after the BK discharge.
What is the difference between a foreclosure and short sale?
A foreclosure is the surrender of the property to the lien holder for nonpayment of the debt. A short sale is the sale of the property before the completion of the foreclosure in an attempt by the home buyer and the lender to avoid foreclosure proceedings.
If you have reaffirmed your house in bankruptcy but then got behind again after being discharged what happens?
The borrower should contact the lender as soon as possible and try to find an equitable arrangement to catch up on missed payments. If the lender is not agreeable to such, foreclosure proceedings will likely be implemented.
What happens when you stop making mortgage payments?
The bank takes your house. * After a prescribed period of time the lender will begin foreclosure proceedings. In some US states the lender does not need to go through the court to implement a foreclosure and the action can be rapid. In states that require the lender to use prescribed legal procedure, foreclosure can take several months.
If your house in foreclosure and is up for sale can it still be forclosed on by the lender?
Yes, the act of listing your home for sale will not stop or stall the foreclosure proceedings. Homes can be listed for sale for months and even years.
Use forbearance in a sentence associated with foreclosure?
Forbearance in a lending context is a mortgage lender's delay of foreclosure proceedings in order to give a borrower a chance to bring up-to-date overdue payments.
What happens if the person filing for foreclosure dies?
A person doesn't "file for foreclosure". A bank or other lender takes possession of property by foreclosure procedure after the owner (mortgagor) of the property has defaulted on the mortgage. The procedure varies in different states. If the mortgagor dies during the foreclosure proceeding the lender can continue the foreclosure process against the estate. The death of the mortgagor may delay the proceedings until the heirs have been given notice of the foreclosure, depending on how far along the foreclosure has progressed. If the mortgagee (lender) dies during the foreclosure proceeding their estate representative can continue the foreclosure once appointed by the court.
How can one beat foreclosure?
You can't "beat" foreclosure. You can talk to the lender and try to work out some kind of repayment plan that will cause them to halt the foreclosure proceedings. You can also stall the process by filing for bankruptcy, but at the end of that you're still going to lose the house unless you've used the time to work out a deal with the lender.
Quit claim to a family member to avoid forclosure?
Quit claiming title to a family member will not avoid foreclosure because the mortgage lien on the property has not been satisfied and the lender has a claim on the property. It will not cause the foreclosure proceedings on the property to cease and the lender will seek a judgment from the civil court.
How do you know what constitutes a foreclosure?
Your first notification should be from your lender notifying you that forclosure proceedings have been filed. All states have very strict laws on how notice of foreclosure is given. This sometimes is a plus in staving off foreclosure, which is not as 'cut and dried" as some believe it to be.
How does bankruptcy stop foreclosure?
The bankruptcy stay prevents any action by the lender until the BK is finalized. Be advised that a mortgage lender can petition the court to have said stay lifted so foreclosure proceedings can continue. That rarely happens though. Unless the debtor reaches an agreement with the mortgage holder to reafirm the lending agreement the foreclosure will likely occur after the BK discharge.
Is property in foreclosure still considered property of estate?
Yes, until the foreclosure has been completed and the lender has taken possession of the property.Yes, until the foreclosure has been completed and the lender has taken possession of the property.Yes, until the foreclosure has been completed and the lender has taken possession of the property.Yes, until the foreclosure has been completed and the lender has taken possession of the property.
What is the process for an FHA repossession of a property?
The process for an FHA repossession of a property involves the lender initiating foreclosure proceedings due to the borrower's failure to make mortgage payments. The property is then repossessed by the lender and sold to recover the outstanding debt.
