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What is the Mortgage Foreclosure Process?

A foreclosures is a legal proceeding that occurs when a homeowner (mortgagor) fails to make the agreed upon mortgage payments and the holder of said mortgage (mortgagee), typically a bank, evicts the homeowner, seizes that property and sells it to another individual.

In the event a homeowner fails to pay on their mortgage, a foreclosure is the primary remedy utilized by most mortgage lenders, in most states, to collect on the debt owed to them. The house is the main collateral or asset the bank has when they issue a mortgage to an individual.

The foreclosure process starts when a homeowner falls behind 90 days on their mortgage payments (this is most typical). At that point a lender may file what is know as a Notice of Default and an Election to Sell (again, most typical).

At this point, the lender typically waits about 90 more days where it appears nothing more happens from the lender other than possibly receiving phone calls requesting that the homeowners gets caught up on their mortgage. Behind the scenes, the lender is preparing their team to initiate the actual reclaiming of the asset.

After what is a total of about 180 days of being late on the mortgage payment, the lender has the right to publish what is know as a Notice of Sale. Most states require the lender publish the tentative sale for abouts 3 weeks. When the lender publishes that Notice of Sale, it is typically in a newspaper and they have to declare when the property will goto sale on the courthouse steps or some other predetermined location.

A homeowner does carry the ability to cure the mortgage loan and keep their house, this is called the Right of Reinstatement (most state laws offer this). This means that if the homeowner can pay back all delinquent mortgage payments plus additional fees and penalties up until a predetermined time, usually 7 days before the Notice of Trustee Sale, the lender will allow them to keep their home.

The homeowner does not have to pay back the whole loan, they do not have to refinance, they simply have to pay the mortgage payments that were missed, fees and penalties.

If the homeowner is unable to execute their Right of Reinstatement or if the lender does not postpone the sale, the property will goto the Trustee Sale.

Once the Trustee Sale occurs, the property is lost.

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CNN.com recently stated, even with all the foreclosure prevention programs developed by the government, only about 30% of the homeowners can be helped. The reason is obvious. Why does any, for profit banking institution, want to take on the problems of another bank?

New number show home foreclosures up 35% from last year, with more than 6.35% of all home loans in the United States falling delinquent. This number does not include homes currently in foreclosure.

Manassas Northern Virginia hit hard where 1 in 20 homes are in foreclosure.

14.5% of all homes for sale across the US in April 2008 were the result of a foreclosure.

Loss mitigation programs were established by the federal government and the mortgage industry in order to stop home foreclosure.

Loss Mitigation helps foreclosure victims in default on their mortgages to find alternatives to home foreclosure. Every homeowner’s situation is unique and each lender has their own policies regarding the use of these programs to stop foreclosure.

Our extensive experience and solid working relationships with mortgage lenders allows us help homeowners avoid the common pitfalls that many encounter while trying to work things out directly with their lender.

After performing a thorough assessment of homeowners personal finances and analyzing lender’s loss mitigation policies our professional loss mitigators will negotiate with lender to get homeowner the best possible solution to home foreclosure problem.

We help homeowners save their home and credit history through a variety of loss mitigation options stop your foreclosure now.

Stop Foreclosure <=click here