Deed in Lieu of Home foreclosure Process

by Erin Hankins on January 17, 2012

Foreclosure is the process which permits a lender to recover the amount owed on a non-paid loan, by either selling or taking ownership of a property that secures the loan. The initial process of foreclosure starts when a borrower fails to pay a loan. The lender then files a public default notice known as Notice of Default.

Home foreclosure is not difficult but it is very multifaceted. This kind of foreclosure starts when the home owner fails to pay the principle, interest and/or real estate taxes for a period of about 6 months.

Mortgage rates can go up at a certain percentage after the initial period. Some home owners may find this difficult and begin to get behind on paying the mortgage. Home foreclosure starts when the mortgage loan imbursement is 16 days overdue. At this point the whole procedure is usually not far away from start. It is at this time that the mortgage service provider tries to contact the offending homeowner so as to come to some kind of agreement of a possible repayment course of action.

Home foreclosure can end in four ways: the home owner can reinstate the mortgage loan by paying the amount he or she owes during the grace period that a mortgage service provider gives, or the home owner can sell the home to another person during the grace period and then pay off the mortgage loan, or the lender can seize and take ownership of the home usually with intentions of selling it, or the home can be auctioned at the end of pre-foreclosure period.

If the homeowner keeps on missing the mortgage payments for the next six months, home foreclosure procedures can start. A mortgage service provider orders a trustee to draft and record a Notice of Default. Notice of Default informs borrowers that they face foreclosure actions. It also sets off a restore period usually up to five days after which the property is listed or auctioned off. At this point home sale date is recognized and the owners receive Notice of Sale.

This notice is posted on the house and a copy is verified at the office of the County Recorder. Some County Recorders also advertise the home sale in local newspapers or post the notice in their websites.

The location, date and time of sale are specified at this juncture usually at the location of the home. At the local auction the foreclosure home is awarded to the highest bidder, who is expected to pay a specified initial deposit in cash due to upfront.

The remaining balance is usually expected to be paid in 24 hours time. The opening bid is usually set by the lender or the auctioneering company with agreement with their clients. This bid usually of the equal amount of outstanding mortgage balance including accumulated interests and other fees related with Trustee Sales. If the bid is not met, the property is considered as Real Estate Owned.

It is common to have delays in auction but when the auction finally happens either a third party bidder or the lender becomes the new owner of the home at last. Home taken back by the lenders presents opportunities for future investment. If you can avoid a foreclosure the better; this can be done by talking to your mortgage service provider about how you intend to pay back the loan.

To Find foreclosure visit the authors website about deed in lieu of foreclosure form.

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