Foreclosure Procedure: How It Works
In the current financial and economic crisis, there are increasing news and reports on bankruptcy and foreclosures in the print and electronic media. For majority of us who may be under a financial crunch or suffering a job loss, this is the time to take stock of our finances as a whole, to avoid spiraling into a bankruptcy or foreclosure scenario.
If you have taken a loan by pledging your fixed property like your house as mortgage from a lender then you should know what the consequences are in case you miss the payment of loan installments in time. You should know what foreclosure is, connected with non payment of mortgage installments and from which point of time your mortgage company initiates foreclosure procedure against you.
Usually in most of the cases non payment loan installment for the first time may be taken lightly and the first step of foreclosure procedure begins with a mere late payment notice through a lawyer. But it is a warning bell for you to wake up and rectify your mistake by contacting your lender and make some arrangement from which you buy some extra time to regroup your repayment capacities.
At this early stage of the crisis, the mortgage company has the option of giving you easier terms to make your payments. But if they choose not to go easy on you for whatever reason, or if you default for a second time, then you may find yourself in a position where losing your home is a real possibility.
If you are in default more than once, a lender will promptly send you a statement saying that you are now responsible for their legal costs and they will be adding a penalty for your lateness. In a foreclosure procedure, a lending institution may insist on full payment of the balance in one lump sum, which makes it all but impossible to avoid the loss of your house.
Lump sum or full payment is an important clause in any mortgage contract which is called an acceleration clause. Once the acceleration clause comes into effect then you will be left with only two options- either repay the full loan amount in a single installment or face final foreclosures procedures. Now the local sheriff will send a certified letter to you about the foreclosure of your property.
From this point forward, a lot of legal technicalities will ensue, whereby your home will be put up for auction and you'll have to watch powerlessly as the home of your dreams is bought by an unfamiliar party without your permission.
You should understand what a foreclosure is, in case your mortgage company initiates a foreclosure procedure against you. The mortgage company has the option of giving you easier terms to make your payments. But if they choose not to go easy on you for whatever reason, or if you default for a second time, then you may find yourself in a position where losing your home is a possibility. A vital condition contained in mortgage agreements is referred to as an acceleration clause. After this acceleration clause becomes effective, you have just a couple alternatives- you can pay back the entire loan with one payment, or confront eventual foreclosures procedures.
Published February 23rd, 2009
Filed in Finance, Real Estate
