The Foreclosure Process And What Happens

These days we’re seeing more and more homes going into foreclosure. This is due in part to the economy, and in part to the sub-prime lending fiasco of the past few years. Sometimes it’s simply due to borrowing beyond one’s means, or unexpected financial setback such as losing a job.

When a home goes into foreclosure, the lender obtains a court order to terminate the agreement and take possession of the property back from the signer. This is usually the bank that underwrote the mortgage agreement or loan.

When a mortgage or home loan or mortgage is underwritten, the lender or bank will get a security interest from the borrower. In effect, they are pledging the property or home as security collateral for the loan. If they fail to meet the payment terms, the lender or mortgage holder can try to foreclose, or repossess the property.

Failing to pay the mortgage note or loan payment is only one possible reason for foreclosure. Other problems such as overdue property tax that isn’t paid, overdue HOA dues or assessments, even unpaid contractor bills can be cause for a foreclosure action.

The actual process of foreclosure on a residential mortgage loan can begin after the owner has failed to comply with the mortgage agreement. At that point, the creditor, usually the bank, would want to take possession of the property in order to try to recover their principle by reselling the property.

In foreclosure, the lender can opt to try and sell the property and keep the proceeds to pay off its mortgage and any legal costs. When this happens, this is considered as a lender foreclosing on the mortgage or loan. While there are some legal remedies, it is obviously much better to avoid going into foreclosure to begin with.