What Is Mortgage Foreclosure?
I have a lot of people who request to be on my Door County foreclosures list. I watch the sDoor County Sheriff's sale posting and the MLS for foreclosed properties, or those ready to be foreclosed on, and update you when they appear. Sometimes these can be a good deal, or they might be a really bad deal for you if you are not well versed in purchasing properties of this type. So, what is a foreclosure?
Mortgage foreclosure simply means the deed can only be foreclosed through court action. Mortgage foreclosure is usually referred to as a judicial foreclosure.
A mortgage is a security document that allows the borrower to keep title of the property while using the property as security or collateral for a loan. The lender then places a lien on the property in the event the owner does not pay the agreed payment. When the borrower pays off the loan, the lender gives the borrower a satisfaction of mortgage that removes the lien from the property. About half the states in the U.S. use mortgage foreclosure as the means of satisfying the loan balance.
As with most mortgage foreclosure lawsuits, it starts with a summons and a complaint is issued to the borrower and any other parties with inferior rights in the property. Usually the lender’s attorney is the one who issues the notice. The complaint is usually filed in the court where the trial is to be held. Here’s the interesting part. Once the borrower has been notified, he or she has 20 days to respond back to the court challenging them on the mortgage foreclosure lawsuit. Once this occurs, the court now has 40 days to respond back to the borrower. Keep in mind that each correspondence must be legit and deal with some specific part of the complaint. This process may go back and forth as long as the borrower finds something erroneous with the complaint. This slows a mortgage foreclosure greatly because it must go through the court system. It may go as long as a year if needs be or even longer. This is how many homeowners stay in their homes for months often years after they have stopped making their house payments.
And after the bank forecloses and the court confirms the sale it could still be six months to a year before that property shows up on the market for sale.
If you have questions about the foreclosure process or would like to investigate what foreclosed properties are for sale now, call me anytime at 1-800-962-4161 ext. 204.
Do you know someone who is troubling with their mortgage payment? There are other solutions than having a house fall into foreclosure. I will be your advocate. I am comitted to help financially distressed homeowners. My focus is to is to give you the hope of a dignified solution to financial crisis through current lender loan modification, loan refinancing (short or long-term) or a short sale (a lender-approved sale at less than the outstanding loan balance)--to get you on the road to financial recovery.


