Understanding the Foreclosure Process

Foreclosure is a terrible thing for homeowners. It occurs when you drop far enough behind in your mortgage payments that your creditor is forced to seize the property and take it to auction. If you have a home and are in this circumstance, it’s very important to consult your state’s taxation statutes so you know your rights as a homeowner. The process is lengthy and there are many opportunities for you to protect, or even save, your property.

Before Foreclosure Begins

Foreclosure doesn’t sneak up on you. In the event that you’re a month behind in your mortgage payments, you’ve probably heard from your creditor. Because you’re a month behind rsquo & doesn ;t mean you’re in foreclosure. This is known as pre-foreclosure. During this period, the U.S. Department of Housing and Urban Development advises that you do all you can to attempt to fix the issue. Take all phone calls. Many creditors are fine to giving you time to address the late payments. The longer you go without addressing the late payments, the closer your creditor comes to filing for foreclosure.

Demand Letter

In the event that you’re three months behind on the mortgage, you’ve probably got a demand letter (some states call it a note to quicken ). According to HUD, your lender will probably require that you make the specified payment in full within 30 days. It’so important to understand that you’re still not in foreclosure nonetheless, but this is the lender’s closing olive branch. In the event that you’re not able to make the payment or work out an arrangement with your creditor, foreclosure is forthcoming.

Notice of Default

If you receive a Notice of Default letter from the mail, then your creditor has started foreclosure proceedings against you by filing with the regional county. Your lender’s attorney will probably try to contact you as well to notify you regarding the foreclosure. The attorney may also try to negotiate a settlement to receive your payments current. So long as the foreclosure process is ongoing, it is possible to still work out a solution. The period in the notice of default to an auction is generally three months. In California, the procedure period is 117 days.

Judicial and Non-Judicial

Your state’s foreclosure legislation ascertain whether you go to court or not during the process interval. In the event that you’re served with the notice of default by a court official, then you’re in a judicial foreclosure and must show up in court. Below, a judge rules on the validity of the lender’s claim and decides whether the property goes to auction or not. If you purchased your home with a deed of trust, your foreclosure will be non-judicial. In cases like this, the conditions of foreclosure were ordered from the loan paperwork and do not need court approval. California allows judicial and non-judicial foreclosures.


Either a county sheriff or a court-appointed trustee is in control of the foreclosure auction. The home’s auction must be promoted for 21 days before it could be sold, generally at a public auction to the maximum bidder. Even though it is your home, you have the right to bid on it in the auction. The winner of the auction becomes the new owner.

After Auction

Depending on where you live, your home isn’t move however. Right of salvation is the final opportunity to keep the home. With right of salvation, you can cover the entire outstanding loan amount within a pre-designated interval and keep the home. Not every condition features a right of redemption. California includes a redemption period of 365 days, but just for judicial foreclosures.

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