Thursday, September 4, 2008

Explaining How Does a Foreclosure Work

By Roy Jamison


The real estate market crisis has caused homeowners fall behind on their mortgage payments. If this is you, you may want to prepare yourself for what will come. This article will cover what you need to know about this process.

Foreclosure is usually not enforced as soon as the first mortgage payment is missed. After three mortgage payments are missed, however, reminders, fees and penalties are sent to the homeowner by the lender. These are usually friendly in nature.

Be aware that not all lenders operate in the same manner. Some are more lenient with homeowners, but others are quick to jump to the foreclosure proceedings. Given that the market is in a dire condition, it may take some time before they get around to you. That being said, it is very rare that one is allowed to go six months of not paying a mortgage payment before the foreclosure process is started.

Different states and even cities have different foreclosure processes, but most of them start with the Notice of Default, followed by the Notice of Foreclosure, and the Notice of Trustee's Sale.

The real estate investor and local newspapers usually print three notices, starting with the Notice of Default. That will almost always tip off the real estate investors and start a flood of calls where they offer you much less money for it than your home is actually worth. If you do have some equity in your home (but not too much) then this option may be just what you need to save your credit record and start a new life fresh.

Before the actual Trustee's sale, the homeowner usually has the last chance to pay off the mortgage loan and save his or her home. However, most homeowners cannot afford to pay back the mortgage loan and the home goes to be auctioned off. A foreclosure home auction often attracts real estate investors or people looking to buy cheap homes or buy homes for investment. Foreclosure homes are often run down, trashed, need repairs. But they often sell for much less than the market value so many people invest in foreclosure homes.

When a home comes up for auction, and is sold to the person willing to bid the most, the owner will be evicted. The lender can (in most states) actually bill the homeowner for the difference between the selling price and what the homeowner owes.

A deficiency judgment can be imposed causing the homeowner to be evicted and thus owing many thousands of dollars in repairs! This sad but common situation in turn causes the homeowner to owe a huge debt, despite losing their home completely to foreclosure.

Foreclosure is an extremely serious problem right now in the United States and is clearly at an all-time high. Not only can it wreck your wallet, but it will most certainly ruin your credit record, making it impossible for you to get financially back on your feet at all for the entire next decade.

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