subject: Foreclosurerecovering The Defaulted Money [print this page] Foreclosure is a legal process where the lender tries to recover the amount defaulted by the borrower by taking possession of the property that was the security of the loan. The process starts when the lender sends a registered default notice which is known as a Notice of Default. However, the foreclosure can end if the borrower pays back the defaulted amount within the grace period or pre-foreclosure period. The property may be able to be sold to a third party during or before the pre-foreclosure period and pay off the amount to the lender. A public auction can also be organized at the end of the pre-foreclosure period or the lender takes ownership of the property through an agreement with the borrower. After foreclosure, if the foreclosure sale does not cover the entire debt outstanding, the lender can proceed under the Note for a deficiency judgment against the borrower.
The foreclosure process facilitates three opportunities to obtain a bargain on foreclosure homes. These are as follows:
Pre-foreclosureit says that property can be purchased during the pre-foreclosure with the consent of the borrower. It will be a win-win situation for both the third party as well as the borrower. It will save the borrower from having a foreclosure mark on his credit history and the third party may be able to get a discount off the market value.
Auctionthis situation came when the borrower failed to give back the defaulted amount to the lender. During an auction, the buyers who are capable of purchasing can bid on the property. However, they do not have much time to research the condition of the property and may have to pay cash.
Bank-ownedis when the lender takes ownership of the property either with the consent of the borrower or at a public auction. They need to buy it in order to recover their loss. For this, they may need to upgrade the condition of the home by doing necessary repairs. Bank foreclosures can change into a government foreclosure if the loan is granted by a government agency which includes the Department of Housing and Urban Development or the Department of Veterans Affairs. In such cases, the government agencies are responsible for selling the home.
by: Mickman
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