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 ?
We are certainly in agreement with the court's decision that a managed mediation program can be part of the solution," said Ned Pope, director of the Mortgage Foreclosure Mediation Program at the Collins Center for Public Policy.
The norm typically involves a mortgage foreclosure action that is not filed by the original lender, wherein the plaintiff faces an alleged affirmative defense against the foreclosure action within the mortgagor defendant's responsive pleading that the plaintiff lacks standing to file and prosecute the mortgage foreclosure action.
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.
To respond to the residential mortgage foreclosure "crisis," the State of New York enacted and amended a coordinated series of statutes designed to protect homeowners facing foreclosure on their homes in 2008, 2009, 2010, and 2011, in a public policy effort of maintaining as many families in their homes as possible.
Establishing a mechanism for more effective independent monitoring of future mortgage foreclosure practices.
The Mortgage Foreclosure Mediation Program, launched in April, is voluntary for homeowners and provides volunteer lawyers and housing counselors to build their legal case.
Mortgage foreclosure is not only linked to medical debt, but can cause or worsen people's health problems as well, according to a study published in the October issue of APHA's American Journal of Public Health.
THE SOURCE: "Changing the Rules: State Mortgage Foreclosure Moratoria During the Great Depression" by David C.
Reports of mortgage foreclosure scams are on the rise, and the Federal Reserve Board has compiled some tips to help protect consumers from becoming victims of foreclosure avoidance scams.
Moratoria were more common in states with large farm populations (as a percentage of total state population) and high farm mortgage foreclosure rates, although nonfarm mortgage distress appears to help explain why a few states with relatively low farm foreclosure rates also imposed moratoria.
To minimize this tax, consequences must be discussed regarding the transfer of real property to a lender pursuant to a) a mortgage foreclosure, b) deed in lieu of foreclosure, c) Chapter 11 bankruptcy plan of reorganization of the mortgagor, and d) transfer of the equity interests in the debtor entity.
WASHINGTON -- The Homeownership Preservation Foundation (HPF), an independent national nonprofit dedicated to helping distressed homeowners navigate financial challenges and avoid mortgage foreclosure through its Homeowner's HOPE[TM] Hotline, and Tennessee Attorney General Bob Cooper announced today that they have partnered on a statewide hotline to facilitate distressed homeowners' access to available mortgage relief programs.

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