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from: What is the Definition of Foreclosure on Default of Payment of Property LoansMany of us worked hard to have our dream house and live comfortably in it. But since many cannot afford it through a one-time payment, most of use resort to house financing through a loan. The loan is often obtained through a lending institution usually a bank or a mortgage company.
The financing company on the other hand has to secure his interests by asking for a loan collateral from the mortgagor (person seeking the loan). If in such case the mortgagor failed to pay in accordance to the payment policies the mortgagee (money lender, borrower), may ask the court for the foreclosure of the property in favor of the bank or the lending company. In most cases, the collateral for the home loan is the home to be acquired by the borrower. By default, the bank or the mortgage company has the rights to seize the asset in lieu of the payment if the loan is in default.
Let us begin first with the basic understanding of what a foreclosure mean. Foreclosure by legal definition is “a procedure by which the holder of a mortgage—an interest in land providing security for the performance of a duty or the payment of a debt—sells the property upon the failure of the debtor to pay the mortgage debt and, thereby, terminates his or her rights in the property.”
As we have discussed earlier, it is normally the home that is being bought with the loan is put up as the security asset (collateral) and if the mortgagor was unable to pay back the loan to the mortgagee, the property goes into foreclosure.
However, there might be some situations when the borrower repays the loan during the proceedings, a court of equity may rule in favor of the borrower who at that point will be able to keep the home or property in question.
The deed of trust or the mortgage is the contract between the financial lending company and the borrower. When the contract has been agreed with and signed by both parties, there right after, the lending company would grant the sum of money due to the borrower to purchase the loan property.
The borrower, on the other hand agrees to pay the money back in a certain period as indicated in the deed of trust and the contract will also stipulate that a lien will be placed on the property meaning that the financial lending company has a right to seize the property (repossess it) if the loan is not repaid according to the terms of the mortgage agreement.
The process of foreclosure is used in any contract whereby real estate, homes, farms, land, and other immovable property has been obtained through a mortgage, and the mortgage holder has defaulted on the payments.
Judicial Foreclosure is available in all the American states. Judicial foreclosures are processed through the courts, beginning with the lender filing a complaint and recording a notice of the borrower.
The gains from the sale of the property first goes to repay the balance on the existing loan, then to any other lien holders, and finally to the borrower if any proceeds are left over. All transactions are done legally through the court system.
On the contrary, non-judicial foreclosure or foreclosure by power of sale defines the foreclosure procedure without court intervention. It is sometimes added in the deed of trust as a clause. This procedure follows the same order as the Judicial Foreclosure however faster since the courts are not involved.
Having these basic information would guide you to deeper understanding of foreclosure before signing a deed of trust. Make good on your financial planning and see what the difference it can make.
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