Foreclosure is a legal process wherein a lender attempts to recover the amount owed on a defaulted loan by taking ownership of and selling the mortgaged property. Typically, foreclosures occur because the borrower became delinquent on their mortgage payments.
There are two main types of foreclosure — judicial foreclosure and nonjudicial foreclosure:
- Judicial Foreclosure: Processed through the courts — a judge reviews the evidence after the lender initiates the foreclosure. If the judge finds that the debt is valid, the foreclosure sale is scheduled.
- Nonjudicial Foreclosure: Not processed through the courts — a "power of sale" clause in the mortgage allows the lender to sell the property if the homeowner defaults.
How lenders reclaim properties varies by state law and mortgage terms. While lenders typically seek amicable solutions with borrowers, foreclosures can add legal fees and penalties for homeowners. However, solutions such as loan modifications and financial counseling can provide homeowners with alternatives to navigate the situation. Dive in to discover foreclosure intricacies.