| Foreclosure Process |
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Every state handles the foreclosure process a little bit differently. The overall process is very similar. Below we have gone over some of the commonalities. When you miss the first payment, banks are unlikely to start the foreclosure process. Typically the process starts after you become three months late. The most common steps are for the lender to file for a judicial sale or a power of sale. The judicial sale which is handled by the courts, and power of sale is handled by the owner of the mortgage note.
Judicial saleThe owner of the mortgage note files with the courts. The court sends you a demand letter. Generally, the letter will state that you have thirty days to prevent foreclosure.After thirty days a judgment is applied and the owner of the note can petition sale for the home. Power of saleThe owner of the note will send you legal paperwork demanding delinquent payments.After a set period of time a deed of trust note is written that assigns the home temporarily to a trustee. Then the trustee will sell the home at designated public auction for the owner of the note. |
