About Short Sales

Foreclosure is what occurs when an immovable property gets repossessed by a bank or another lender who offered someone a loan to pay for the property and that person is no longer able to make payments on the loan. In order to foreclose on a property, the lender needs to show that the borrower has somehow broken the terms of their loan agreement. This becomes secure when a lien is placed on the property. When the process is over with, the lender has foreclosed on a mortgage or a lien.

Various Kinds of Foreclosure

Once a mortgage payment has been defaulted on, the lending agency can begin foreclosure proceedings. Two specific kinds of foreclosure occur most commonly in the United States, although individual states have additional kinds of foreclosure. Applicable in all fifty states, the most commonly encountered form of foreclosure is foreclosure by judicial sale.

The property that has been foreclosed on is sold by the court and the money earned as a result of its sale is used to pay off the lender whose loan has been defaulted on by the borrower in foreclosure by judicial sale. Any additional funds go to anyone else who has a lien on the house and finally to the mortgagor.

Another form of foreclosure, foreclosure by power of sale, allows the mortgage holder to handle the sale of the home or property without any court involvement. This tends to be a better option than foreclosure by judicial sale. Most states allow for this type of foreclosure.

In these two examples of kinds of foreclosure, the earnings from the sale of the home or property are used in mostly the same manner. Other foreclosures are available in certain states; the way they are conducted will depend on the state laws.

A more strict type of foreclosure makes the mortgagor continue to pay on their mortgage for a specific amount of time. If they continue to be unable to make on time payments, the title to the property in question is handed over to the lending agency and they are not required to sell the property.

Such a form of foreclosure was the original form, though now it is only available in New Hampshire, Connecticut and also Vermont.