Foreclosure is the lawful and professional proceeding where a mortgagee, or a lien holder, obtains termination ordered by the court of a mortgagor’s equitable right of redemption or in other words we can say that It is a process in which the lender makes an effort to recover the debt that was secured by a particular property by forcibly selling that very property. Normally a lender gets a security interest from a borrower who mortgages or pledges an asset like a residence to get the loan. If the borrower eludes and the lender tries to recapture the property, there are chances that the courts of equity allow the borrower to have the equitable right of redemption if the debt is repaid. As long as the equitable right exists, the lender remains unsure whether it can effectively reclaim possession of the assets, thus the lender attempts to foreclose the equitable right of redemption. Moreover foreclosing the proprietor’s right of liberation for other debts, for example – unpaid contractors’ bills, overdue taxes or unpaid homeowners’ association dues or assessments can be done by other lien holders. Trying to recover debt by way of foreclosure often becomes a time consuming and hectic process and may also be quite expensive.
Types of Foreclosure
The mortgage holder can usually begin foreclosure at a time specified in the mortgage documents; generally a span of time after a default condition occurs. In U.S, various types of foreclosure survive. Two of them – judicial sale and by power of sale – are extensively used, but other forms of foreclosure are also likely to happen in a few states.
Foreclosure by judicial sale, usually known as Judicial Foreclosure, present in every state and requisite in many, engages the sale of the mortgaged property under the regulation of a court, with the proceeds initially satisfying the mortgage; then the other lien holders; and, lastly, the mortgagor incase any proceeds are left. In case of other legal actions, each and every party must be informed of the foreclosure, but notification requirements differ significantly from one state to another. A judicial verdict is announced after pleadings at a (generally short) hearing in a state or local court. Rarely, foreclosures are filed in Federal courts.
Foreclosure by power of sale, also permitted by many states if and only if a power of sale clause is incorporated in the mortgage or a Deed of trust was used instead of a mortgage. In a few states the supposed mortgages are actually deeds of trust. This procedure involves, sale of the property by the mortgage holder with no court supervision. Other types of foreclosure are considered trivial because of their limited accessibility. Under strict foreclosure, available in a few states like Connecticut, Vermont and New Hampshire, suit is brought by the mortgagee and if victorious, court instructs the defaulted mortgagor to pay the mortgage within a specified time period. If the mortgagor fails to do so, the mortgage holder gets the title to the property with no compulsion to sell it. In the past, the original system of foreclosure was the strict foreclosure.
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