Several Types Of Foreclosure

Foreclosure procedures and time frames vary greatly from one state to the other. As such there are several types of foreclosure that you need to have information about if you are a home owner, even though there is no such possibility of your home being threatened by foreclosure. So, just read on with us and let us inform you about the different types of foreclosure that are generally there.

There are almost four types of foreclosure in the sphere of real estate. Let us explain about their procedures and general time frames.

Judicial Foreclosure: This is the foreclosure which is taken to the court. Once there is no way that the buyer can repay the loan, then only the lender takes the matter to the court by filing a complaint there. In the complaint detail about the condition which has led to the court and the property is mentioned. The homeowner is also informed of the same through mail or direct service and has his turn to say in the court. If the debt is valid then the property is sold by the interference of the court. Usually Judicial foreclosure is a long process.

Non-Judicial Foreclosure: Once the ‘power of sale’ is given to the lender in the mortgage deed of trust, non-judicial foreclosure may take place. This is the foreclosure procedure where court doest not intervene. Otherwise all the situations are more or less same that leads to this foreclosure. This is relatively a fast procedure than the judicial foreclosure.

When the condition occurs where the buyer can not pay back the loan anymore and non-judicial foreclosure starts, he/she is informed through a mail or a default letter. In several states a Notice of Default is recorded at this time. In case the homeowner fails to cure the default, he gets the Notice of Sale through mail which is also recorded at recorder's office of that state. It also gets published in legal publications of that area. Though it sounds a lengthy process but takes relatively less time.

There are also ‘Deed in lieu of foreclosure’ and ‘Strict foreclosure’ which follow some other procedures to sale the real estate property taken away from the lender. For more information about these, you can go through Darren Collin’s article named, “Foreclosure Proceedings - How Many Different Types Of Foreclosure Are There?”

Posted By Movers.com Team