Foreclosure is the legal preceding by which a borrower's
right to a mortgaged property are terminated. This occurs when the
borrower fails to live up to the obligation agreed to; in the loan
contract. Most often, the violation of the mortgage is a default
in payment causing the lender to foreclosure on the property through
a court-decree.
There are a few types of foreclosure some are:
Foreclosure by judicial sale, Which involves the sale
of the mortgaged property under supervision of a court. Upon sale
of the property, proceeds first go to satisfy the mortgage; then
other lien holders; and finally the mortgagor/borrower if any proceeds
are left.
Foreclosure by power of sale, (allowed by many states)
are actually deeds of trust. This foreclosure process involves the
sale of the property by the mortgage holder. As with a judicial
sale, the mortgage holder and other lien holders are satisfied first,
all done without court supervision.
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