Understanding Foreclosure Law Isn't Easy

Sep 6
06:56

2012

Abraham Avotina

Abraham Avotina

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Foreclosure law can be somewhat tricky and difficult to understand. Knowing what is happening and how to handle it can help to make the process smoother.

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Foreclosure law is a term used to describe the legal requirements and limitations on the process of foreclosing. This occurs when an individual obtains a mortgage loan to purchase real estate and then does not make payments as required,Understanding Foreclosure Law Isn't Easy Articles and agreed to, under that loan. The lender petitions the court to force the sale of the property so that the lender can recoup some of the investment put into the home. This process does have limitations to it and there are also stipulations to when it can be used. It is always a good idea to turn to a legal professional when you are facing foreclosure.

Can it Be Stopped?

One of the most common reasons individuals want to learn about foreclosure law is to better understand what steps they can take to stop the process. In short, this process is one that the lender takes after the borrower stops making payments for several months. In doing so, the lender has determined the borrower is likely not going to pay. In most cases, up until the official court ruling, it may be possible for individuals to make payment in full, including all fines and fees, to be caught up.

Otherwise, it may be possible to slow the process by filing for bankruptcy. Mortgage modification may be an option in some situations as well. However, if it is not possible to sell the home during this period, get a short sale, or to use a deed in lieu, it may be best to allow the action to take place. Being caught up on these debts can be difficult. When working with an attorney, he or she will work to find the best possible option for your situation.

What After You've Lost It?

Did you know that some laws allow the individual to catch up debts and fees, or to secure a new mortgage loan from a third party lender, even after the foreclosure process completes? This varies by state and there are limitations.

Keep in mind that the lender does not have to remain in a working relationship with you. More so, legally, you may not have a right to any property if you do not pay your debts. It is in your best interest to take steps to avoid legal action when it is possible to do so.

By working with an attorney that specializes in foreclosure law, you may learn how to avoid the process or how to pull yourself out of it. There are options in many situations, but it is up to you to know and understand the law, unless you hire a professional to do that for you. Your home is an investment that requires careful management.

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