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What Is A Foreclosure?

by Andrew on July 27, 2009

Sometimes the things that scare us the most are the subjects we know less about, death, darkness, losing someone we love and foreclosure are just a few examples. There is a reason we know little about the things we fear, not knowing is often worse; we always imagine things are worse than they really are. Learning about our fears and finding ways to deal with them is the best policy. This article will aim to shed some light on the issue of foreclosures and what they really are, that way we will hopefully fear them less and learn how to avoid them.

Foreclosure is a legal term to describe the termination of a mortgage or loan. Foreclosure occurs when the mortgagee (the lender) gets a court order that terminates the mortgage and allows the mortgagee or lender to redeem the mortgage’s security, nearly always the home itself. This occurs when the borrower fails to pay the mortgage principal and interest payments; the lender has then the right to force the borrower to either pay the payments he is behind in plus costs or sell the house or some other asset to meet his responsibility of paying the mortgage. When the borrower sells the property and uses the proceeding to pay the lender it is said that he has foreclosed the mortgage.

This rather dry definition we worked through provides some interesting points.

1) A foreclosure is a legal process that must be approved by the courts of equity. 2) Losing the house is not the only way to deal with the situation. The government is trying its best to avoid foreclosures and is willing to help most people that are willing to work hard to find a way around a foreclosure through loan modification and other types of financial aid. Do your homework and make it your job to jump through the necessary hoops to save our home.

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  3. Top 5 Loan Modification Tips to Avoid Foreclosure
  4. Avoid Foreclosure With A Personalized Home Loan Modification
  5. Foreclosure or Bankruptcy, What to Do When Loan Modifications Don’t Work

  • deefoureeefive
    what is the courts of equity? Is there a judge presiding? Will I get to plead my case that my mortgage company has falsified my documents inorder to get payments from me...without any money going toward the principal? Its not my fault I am behind in my payments.
  • deefoureeefive
    Originally, my income was overstated to get the loan. Now I cant afford to make payments. The Mortgage company wants me to do a short sale. I want to see a non partial judge and explain that my home is being stolen by loan sharks. If I do a short sale, I will lose any chance to contest the mortgage. It is like saying what they did was okay. And it isnt okay. I dont want to move.
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