More than One Type of Foreclosure
May 30th, 2009 by admin
There are more than one type of mortgage foreclosure. The more common types of foreclosure are judicial sale foreclosure and foreclosure by power of sale. The foreclosure process of each state differs based on the law of that particular state. The timeline for foreclosure is slightly different for different types of foreclosure. How and when a mortgage holder can initiate the process of foreclosure are outlined in the mortgage documents. Understanding how foreclosure works can usually help you deal with foreclosure and get the appropriate foreclosures help in time. Often, the mortgage company starts the process of foreclosure as soon as the homeowner misses many months of mortgage payments.
Judicial Foreclosure
Judicial Foreclosure is probably the most common foreclosure type. This type of foreclosure is available in every state and a lot of states do not even have any other types of foreclosure. The law governing the judicial foreclosure makes it a requirement for the mortgage company to seek the supervision of a court for the sale of a foreclosed house. The involvement of the court makes the process longer so the homeowner will have longer to find ways to prevent foreclosure and seek the right foreclosure help.
Power of Sale Foreclosure
If your mortgage document or deed of trust contains the power of sale clause then your state allows the power of sale foreclosure. The power of sale clause allows the mortgage company to foreclose and sell your home without court supervision. The process of foreclosure under the Power of Sale rule is much more speedy than the other foreclosure process. This law makes it simpler for the mortgage holder to foreclose on homeowners in default.
The proceeds of the foreclosure sale go to the mortgage companies first, and then to other lien holders. Then if there is anything left of the proceeds, the homeowner may get what is left. However, in this slow real estate market, the sale proceeds are usually much lower than the amount that owed to the mortgage holders so, not only the homeowner may not get anything, he or she can even be pursued by the mortgage holder for the remaining amount owed.
