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How the Mortgage Foreclosure Process works

30 September 2008 No Comment

The mortgage foreclosure process is different from the tax foreclosure process but is the more common one. When people are in foreclosure because they fail to pay their mortgage payments, the bank will foreclose on their home and the mortgage foreclosure process will begin.

A mortgage foreclosure process can be lengthy and a headache for both the homeowner in foreclosure and also the bank. This is why many banks are willing to consider all reasonable offers to avoid having to go through with the mortgage foreclosure process. Banks have to comply with state laws on foreclosure when foreclosing.

For the people in foreclosure, the mortgage foreclosure process usually starts with them missing monthly payments. The lenders usually don’t threaten foreclosure until three payments have been missed. The mortgage account is considered in default at this point.

When the account is in default, the next step of the mortgage foreclosure process is the notice of default. The homeowner is not in foreclosure yet but the notice of default is the first real evidence of the mortgage foreclosure process.

After about three to four months, if an agreement cannot be reached between the homeowner and the lender, then the lender will send he notice of foreclosure to the homeowner. The notice of foreclosure and the notice of trustee’s sale will both be filed and served to you either by mail or by the Sheriff depending on the state you are in. By this point, public notices would have been posted for everyone to see.

It is also not strange for a lender to post a sign outside a foreclosure home. This is the most embarrassing step of the mortgage foreclosure process for the homeowner because anyone can now see that the home is being foreclosed on. There may be many people driving by the home to see if is is a good investment property for them to bid on at the foreclosure auction sale.

Before the sale of the foreclosed home begins, the homeowner has the last chance to pay off the debt in full to stop foreclosure. However, most people cannot find the money to pay all off. Banks are still open to negotiation at this point if the deal is good enough. Usually a homeowner has until six days before the auction to pay off the mortgage balance and reclaim the property.

The foreclosure auction is the last step of the mortgage foreclosure process and it is when the lender auctions off the foreclosed property to the highest bidder. Some of the bidders are new homeowners looking to buy cheap homes or real estate investors looking to buy cheap investment homes. The auction price is usually low, sometimes much lower than the market value of the home.

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