Foreclosures is a situation in which a homeowner is unable to make full principal and interest payments 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 a few months after the homeowner yearns for a mortgage payment, supposing the mortgage is still delinquent, and the homeowner has not composed the missed payments within a specific grace period, the lending company will start to foreclose. The farther behind the debtor falls, the more difficult it becomes to get up since lenders add fees for payments that are 10 to 15 days past due.
Each state has the own foreclosure laws in the notices the lender must post publicly and/or with the homeowner, the homeowner's selections for bringing the loan current and avoiding foreclosures, and the method for promoting the property. In 22 states – including Fl, Illinois, and New York – judicial foreclosure is the norm, meaning the lender must go through the courts to get agreement to foreclose by showing the borrower is overdue.
If the foreclosure is approved, the local sheriff sales the property to the maximum bidder to try to recoup what the bank is due, or the bank becomes the owner and sells the house through the traditional route to recoup its loss. The entire judicial foreclosure process, from the borrower's first, missed repayment through the lender's sale for the home, usually will take 480 to 700 days and nights, in line with 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 is often faster and does not go through the courts unless the house owner sues the lender.
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