foreclosure

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Foreclosure

A procedure by which the holder of a mortgage—an interest in land providing security for the performance of a duty or the payment of a debt—sells the property upon the failure of the debtor to pay the mortgage debt and, thereby, terminates his or her rights in the property.

Statutory foreclosure is foreclosure by performance of a power of sale clause in the mortgage without need for court action, since the foreclosure must be done in accordance with the statutory provisions governing such sales.

Strict foreclosure refers to the procedure pursuant to which the court ascertains the amount due under the mortgage; orders its payment within a certain limited time; and prescribes that in default of such payment a debtor will permanently lose his or her equity of redemption, the right to recover the property upon payment of the debt, interest, and costs. The title of the property is conveyed absolutely to the creditor, on default in payment, without any sale of the property.

foreclosure

n. the system by which a party who has loaned money secured by a mortgage or deed of trust on real property (or has an unpaid judgment), requires sale of the real property to recover the money due, unpaid interest, plus the costs of foreclosure, when the debtor fails to make payment. After the payments on the promissory note (which is evidence of the loan) have become delinquent for several months (time varies from state to state), the lender can have a notice of default served on the debtor (borrower) stating the amount due and the amount necessary to "cure" the default. If the delinquency and costs of foreclosure are not paid within a specified period, then the lender (or the trustee in states using deeds of trust) will set a foreclosure date, after which the property may be sold at public sale. Up to the time of foreclosure (or even afterwards in some states) the defaulting borrower can pay all delinquencies and costs (which are then greater due to foreclosure costs) and "redeem" the property. Upon sale of the property the amount due is paid to the creditor (lender or owner of the judgment) and the remainder of the money received from the sale, if any, is paid to the lender. There is also judicial foreclosure in which the lender can bring suit for foreclosure against the defaulting borrower for the delinquency and force a sale. This is used in several states with the mortgage system or in deed of trust states when it appears that the amount due is greater than the equity value of the real property, and the lender wishes to get a deficiency judgment for the amount still due after sale. This is not necessary in those states which give deficiency judgments without filing a lawsuit when the foreclosure is upon the mortgage or deed of trust. (See: mortgage, deed of trust, forced sale, execution, notice of default)

foreclosure

noun confiscation, deprivation, dislodgment, dispossession, distraint, distress, enforcement of mortgage, eviction, expropriation, expulsion, forfeiture, legal enforcement of a lien, privation, process of extinguishment of rights, removal, suit to extinnuish the equity of redemption
Associated concepts: ejectment, foreclosure decree, foreclooure of a lien, foreclosure of a mortgage, foreclosure of collateral, foreclosure proceedings, foreclosure sale, redemppion by purchaser
See also: attachment, bar, condemnation, disseisin, expropriation, forfeiture, obstruction, taking

foreclosure

the right to take mortgaged property in satisfaction of the amount due. Where a mortgagor has defaulted on his obligations under the terms of the mortgage, the mortgagee has a number of powers available to him to protect his investment. One of these is the power to foreclose. Foreclosure can be effected only by an order of the court that involves, first, the granting of an order of foreclosure nisi, which effectively gives the mortgagor six months' grace within which to raise the sums due; if the mortgagor has failed to do this, the foreclosure becomes absolute, whereupon the rights of the mortgagor in the property cease and become vested in the mortgagee.

Ask a Lawyer

Question

Country: United States of America
State: Florida

We have an upcoming date concerning foreclosure on our home during which they are going to set a sale date. We need to delay this first meeting by a week so we can get a payoff figure from the mortgage company. Is there any way to file paperwork or reasons that we can file a motion that will help buy us some time?

Answer

It is difficult to do unless the parties agree...you can say you are unavailable for some serious reason etc.
References in periodicals archive ?
The recession began in the fourth quarter of 2007, a year or more after the onset of the mortgage foreclosure crisis and before the financial crisis--however dated--began.
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A mortgage foreclosure is an equitable remedy that seeks equitable relief from the court to foreclose the interest of the mortgagor and any and all parties claiming by, through, or under such mortgagor to enable the mortgagee not only to foreclose its interests, but also for the mortgagee to acquire title to the collateral securing the mortgage loan.
Surveying residents experiencing mortgage foreclosure in the Philadelphia region in 2008, researchers found that they were more likely to have hypertension and heart disease as well as a clinician-diagnosed psychiatric condition such as depression and anxiety when compared to fellow community members surveyed during a 2008 household health survey.
The governor's efforts come as state lawmakers and Congress are making parallel efforts to limit mortgage foreclosure problems.
The Homeownership Preservation Foundation (HPF) is an independent national nonprofit dedicated to helping distressed homeowners navigate financial challenges and avoid mortgage foreclosure.
The USD25bn National Mortgage Foreclosure settlement that was announced in 2012 continues to benefit distressed homeowners in Connecticut, said attorney general, George Jepsen.
The Mortgage Foreclosure Defense Clinic represents some of the homeowners who face loss of their homes, eviction, and homelessness as a result of the Receiver's hasty actions.
1) impose a 3 to 5 year subprime residential mortgage foreclosure moratorium period on banks, financial institutions, and other mortgage lenders or servicers;
The Illinois Supreme Court recently held that a trial court lacks subject matter jurisdiction in mortgage foreclosure actions filed against deceased borrowers unless the lender names a personal representative for the decedent.
The topics include economic analysis of a mortgage foreclosure moratorium, constitutional issues relating to proposals for legislation to impose an interest rate freeze/reduction on existing mortgages, current lending and foreclosure issues regarding subprime mortgages, and a proposal to allow the Treasury to buy mortgage-related assets to address financial instability.
The Obama administration's mortgage foreclosure prevention program hasn't caught on as some had hoped, according to a treasury department report released yesterday.

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