Property foreclosure is a situation in which a homeowner is unable to make full principal and interest repayments on his/her mortgage, which allows the lender to seize the property, evict the homeowner and sell the home, as specified in the mortgage contract. One month after the homeowner misses a mortgage loan payment, he/she is in default and will be notified by the lender. Three to six months after the homeowner does not show for a mortgage payment, presuming the mortgage is still delinquent, and the home owner has not composed the missed payments within a specific grace period, the lending company will get started to foreclose. The farther behind the customer falls, the more difficult it becomes to capture up since lenders add fees for payments that are 10 to 15 days past due.
Each state has their own foreclosure laws covering the notices the lender must post publicly and/or with the homeowner, the homeowner's choices for bringing the loan current and avoiding property foreclosure, and the process for selling the property. In 22 states – including Fl, Illinois, and Ny : judicial foreclosure is the norm, meaning the lender must go through the courts to get permission to foreclose by proving the borrower is delinquent.
If the foreclosure qualifies, the local sheriff sales the home to the greatest bidder to try and recoup what the bank is owed, or the bank becomes the owner and markets the property through the traditional route to recoup its loss. The entire legislativo foreclosure process, from the borrower's first, missed payment through the lender's sale of the home, usually will take 480 to 700 times, based on the Mortgage Bankers Association of America.
The other 28 states – including Arizona, California, Georgia and Texas – mainly use non-judicial foreclosure, also called the power of sale, which is often faster and really does not go through the courts unless the house owner sues the lender.
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