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How Does a Foreclosure Work in America?

by Roy Jamison

The real estate market crisis has caused homeowners fall behind on their mortgage payments. If this is you, you may want to prepare yourself for what will come. This article will cover what you need to know about this process.

When a homeowner first misses a mortgage payment, the lender is not likely to take any foreclosing action against the homeowner. Friendly reminders plus fees and penalties will be sent to the homeowner by the lender until the homeowner misses at least 3 mortgage payments.

Keep in mind that different lenders operate differently. Some lenders give homeowners more time while others are faster at filing for foreclosure. Since the market is extremely bad right now, you can additionally expect a little more time before they get around to you, since they’ll be so busy foreclosing on others! However, it is very rare to go more than six months without paying your mortgage bill before foreclosure papers have been filed.

Different states and even cities have different foreclosure processes, but most of them start with the Notice of Default, followed by the Notice of Foreclosure, and the Notice of Trustee’s Sale.

These three notices are usually all publicized in the local real estate investor’s publications and in one local newspaper. Once you receive the Notice of Default, you can expect investors to start calling you many times each day offering you small amounts of money for your home. (Assuming you have any equity in it.)

Prior to the Trustee’s sale, homeowners are given one last chance to pay off the mortgage and save their home. That being said most homeowners cannot pay back the mortgage loan and their home sadly winds up at auction. Real estate investors or people searching for a deal on a home are typically the ones that purchase foreclosed homes. These homes are sometimes in bad need of repair, but they sell at prices that are below the market value at such a margin that they can make this money back in a resell.

When a home comes up for auction, and is sold to the person willing to bid the most, the owner will be evicted. The lender can (in most states) actually bill the homeowner for the difference between the selling price and what the homeowner owes.

A deficiency judgment can be imposed causing the homeowner to be evicted and thus owing many thousands of dollars in repairs! This sad but common situation in turn causes the homeowner to owe a huge debt, despite losing their home completely to foreclosure.

With the housing market being at an all-time low, foreclosure has become very common and this is a serious problem for homeowners across the nation. It’s not just about loss of home, it affects their credit score and their finances too. Coming back financially from a foreclosure usually takes an entire decade, at which time it’s wiped from your credit record in most states.

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