Some Facts Worth Knowing About Foreclosure
When a bank or other secured lender sells or even repossesses certain immovable property because the owner was unable to keep up with the terms of the agreement with regard to a mortgage or deed of trust, foreclosure is the end result. It means that there is generally a violation in the payment terms which is secured by a lien on the property in question, and when the foreclosure process becomes complete, it means that the lender has foreclosed on the lien or mortgage.
Different Types
A mortgage holder is allowed to begin foreclosure proceedings as soon as there is a default in the terms of the mortgage, though there are different types of foreclosure that can occur in the United States with two being widely encountered, while the others may occur in some states. The most usual type of foreclosure is that which is known as foreclosure by judicial sale and it is found applicable in all states in the country and is required in a number of states as well.
The foreclosure by judicial sale means that the mortgaged property is sold under the court's supervision and the proceeds of the sale are first meant to wipe out the outstanding payments on the mortgage and then the remainder will be used to pay off other holders of liens, and the remaining portion would then go into the hands of the mortgagor.
There is also foreclosure by power of sale, in which case the property is sold by the holder of the mortgage though there is no supervision of any court, and whenever such form is available, it is usually a better option of foreclosing on property and it is thus allowed in most of the states as well. The handling of the proceeds is more or less the same as in the first case, and whatever other types of foreclosure are possible, they will depend on the state in which the property is located and will differs from one state to the other.
There is also strict foreclosure in which a mortgagor will default whereupon the court shall order the mortgagor to pay mortgage for a specified period of time and should the mortgagor still default; the holder of the mortgage gets the title to the property without being under any obligation to sell off the property. Such a form of foreclosure was the original form, though now it is only available in New Hampshire, Connecticut and also Vermont.
