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    Foreclosure Basics
    by Denise Supplee


    Foreclosures have become a major political issue. Foreclosure is the legal process in which a bank or other secured creditor sells or repossesses 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".

    The foreclosure process begins when a borrower/owner defaults on loan payments (usually mortgage payments) and the lender files a public default notice, called a Notice of Default or Lis Pendens. Commonly, the violation of the mortgage is a default in payment of a promissory note, secured by a lien on the property. The mortgage holder can usually initiate foreclosure at a time specified in the mortgage documents, typically some period of time after a default condition occurs. Acceleration allows the mortgage holder to declare the entire debt of a defaulted morgagor due and payable. If a mortgage is taken, for instance, on a $10,000 property and monthly payments are required, the mortgage holder can demand the mortgagor make good on the entire $10,000 if the mortgagor fails to make one or more of those payments. The vast majority (but not all) of mortgages today have acceleration clauses.

    The process of foreclosure generally involves a lawsuit in which a bank, mortgage company, or other creditor seeks to take an owner's property to satisfy a debt. This can happen in one of two ways: Strict Foreclosure or Foreclosure by Sale. Foreclosure by judicial sale, more commonly known as Judicial Foreclosure is available in every state and required in many; it involves the sale of the mortgaged property under the supervision of a court, with the proceeds going first to satisfy the mortgage; then other lien holders; and, finally, the mortgagor/borrower if any proceeds are left. Foreclosure by power of sale, is also allowed by many of the states if a power of sale clause is included in the mortgage. Under strict foreclosure, which is available in a few states including Connecticut, New Hampshire and Vermont, suit is brought by the mortgagee and if successful, a court orders the defaulted mortgagor to pay the mortgage within a specified period of time. Other states have adopted non-judicial foreclosure procedures, in which the mortgagee, or more commonly the mortgagee's attorney or designated agent, gives the debtor a notice of default and the mortgagee's intent to sell the immovable property in a form prescribed by state statute. In California and some other states, original mortgages (the ones taken out at the time of purchase) are typically non-recourse loans, however, refinanced loans and home equity lines of credit aren't.

    Mortgage companies want to avoid foreclosure as much as you; they're much more interested in the money they make off your interest, rather than the money they'll lose on your home foreclosure. If you are having difficulty making your mortgage payment, one of the most important things you can do is seek assistance.

    Foreclosure proceedings vary from state to state. Foreclosure laws, customs, and practices can differ from lender to lender, loan to loan, state to state, and even county to county. Before you accept foreclosure as a foregone conclusion, consider trying to avoid it. Remember there are many ways to save a house from foreclosure.

    There are many counselors and programs available to assist the homeowner that is facing foreclosure.

    Let us Help you prevent the loss of your home to Foreclosure.

    Facing a Foreclosure can be very scary. You do not have to do it by yourself. Visit RichesandFortune.com where we will help you find the best possible solution!

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