Foreclosure is the legal and professional proceeding in which a mortgagee, or other lien holder, usually a lender, obtains a court ordered termination of a mortgagor’s equitable right of redemption. Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, the lender cannot be sure that it can successfully repossess the property, thus the lender seeks to foreclose the equitable right of redemption. Other lien holders can also foreclose the owner’s right of redemption for other debts, such as for overdue taxes, unpaid contractors’ bills or overdue HOA dues or assessments.
The foreclosure process as applied to residential mortgage loans is a bank or other secured creditor selling or repossessing a parcel of real property (immovable property) after the owner has failed to comply with an agreement between the lender and borrower called a “mortgage” or “deed of trust”. Commonly, the violation of the mortgage is a default in payment of a promissory note, secured by a lien on the property. When the process is complete, the lender can sell the property and keep the proceeds to pay off its mortgage and any legal costs, and it is typically said that “the lender has foreclosed its mortgage or lien”. If the promissory note was made with a recourse clause then if the sale does not bring enough to pay the existing balance of principal and fees the mortgagee can file a claim for a deficiency judgement.
How to Find Foreclosures:
Finding foreclosures is fairly easy in depressed markets, but it’s also simple to find foreclosures in strong real estate markets. The difference between the two markets is you will find a greater number of foreclosures in falling real estate markets.
Many pre-foreclosure homes that were once offered as short sales end up as foreclosures, which are eventually deeded to the bank. The reason why purchasers may refuse to buy a short sale home could be any of the following:
Sellers stripped foreclosure home’s assets and / or vandalized the property.
Bank refused to accept less than its present mortgage balance.
Buyers passed by the short sale in favor of a hassle-free purchase.
Location of the home and / or neighborhood was undesirable.
Listing was overpriced at mortgaged amount.
Seller did not qualify for a short sale.
Top 10 Foreclosure Cities:
1 Merced, California
2 Modesto, California
3 Stockton, California
4 Riverside, California
5 Detroit, Michigan
6 Fort Lauderdale, Florida
7 Cape Coral, Florida
8 Vallejo, California
9 Las Vegas, Nevada
10 Sacramento, California
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