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 agreed in the mortgage agreement. One month after the homeowner misses a home loan payment, he/she is in default and will be notified by the lender. Three to six weeks after the homeowner misses a mortgage payment, supposing the mortgage is still delinquent, and the home owner has not comprised the missed payments inside a specific grace period, the financial institution will start to foreclose. The particular farther behind the borrower falls, the more difficult it becomes to capture up since lenders add fees for payments that are 10-15 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 selections for bringing the loan current and avoiding property foreclosure, and the procedure for marketing the property. In twenty-two states – including Florida, Illinois, and Ny : judicial foreclosure is the norm, meaning the lender must go through the courts to get permission to foreclose by showing the borrower is delinquent.
If the foreclosure is approved, the local sheriff online auctions the home to the greatest bidder to try to recoup what the bank is due, or the bank becomes the owner and offers the house through the traditional route to recoup their loss. The entire legislativo foreclosure process, from the borrower's first, missed repayment through the lender's sale of the home, usually will take 480 to 700 days, based on the Mortgage Bankers Relationship of America.
The other 28 states – including Arizona, California, Georgia and Texas – mainly use non-judicial foreclosure, also known as the power of sale, which tends to be faster and does not go through the courts unless the home owner sues the lender.
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