With the ongoing economic downturn, more and more homes and properties face foreclosure over the past year or two than ever before. Besides the poor economy overall, the biggest factor is the sub-prime lending spree of the past few years that created ballooning payments and allowed people to enter into mortgages that they couldn’t manage and shouldn’t have been given.
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 someone takes a mortgage or home loan, the lender obtains a security interest from the borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults on payment, the lender or mortgage holder can try to repossess the property. This is a foreclosure.
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 foreclosure process as it relates to a residential mortgage loan happens when the bank or other secured creditor takes possession of the property after the owner has failed to comply with the mortgage agreement. Most commonly, this is happens as a failure to meet payment of the home loan.
After foreclosure, the creditor will likely try to sell the property and keep the proceeds in order to pay off its mortgage plus legal costs. This is what foreclosing on the mortgage or loan actually is. Though there are some possibilities for the homeowner to reclaim their property at that point, it’s clearly much more desirable to avoid going into foreclosure to begin with.
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