What it is : A foreclosure is the repossession by a third party of an owner’s property
-Usually a collection of a debt owed by the owner.
Why it happens : There are many circumstances in which a foreclosure may occur.
-Negligent mortgage payments – the mortgage broker and holders confer with the property owner and the trustee, who is usually a lawyer.
-If the property happens to be insured, the company may offer assistance and/or present the owner with alternatives.
-The property is appraised to determine its market value.
What is done with property that has been foreclosed : In most cases, the property is resold at a significantly lower price, especially if the property is simply based on the taxes, interest, and other penalties owed.
-The property owner does have the right to pay off his debts up to the point of the sale. He must prepare a pay-off statement, along with the negligent payments, lawyer fees (which usually averages out to 5% of the remaining balance of the original loan), and numerous other fees issued by the mortgage company.
-The owner must confront both the payments due and also the legitimacy of the charges issued against him, as the company may attempt to charge him with false fees.
-The trustee, or lawyer, usually challenges the allegedly false fees.
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