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Understanding Real Estate And Home Foreclosures



F


oreclosure is a process by                                        
which a person borrows          The process of foreclosures       
money to buy and home,          varies by state but generally     
condo or townhouse, but is unable     follows these steps.              
to maintain the payments on the                                         
borrowed money. For example, if a     1.Lender sends Notice of Default  
person takes a $300,000 loan to       (NOD) letter to borrower.         
purchase a property, most often                                         
they will repay this money in         2.Lender specifies timeline       
monthly installments. If they are     during which borrower must get    
unable to pay the monthly             caught up on payments and late    
installments, the lender (usually     fees.                             
a bank), will take steps to                                             
regain ownership interests in the     3.If borrower unable to get       
property – a process known as         caught up on payments, lender     
foreclosure.                          files documents with relevant     
                                      authorities so that the house can 
With the boom in home ownership       be sold to the highest bidder.    
over the past few years, some                                           
people purchased homes that they      4.The house is sold and the       
really could not afford. Other        lender recoups the loan amount    
purchased homes they could afford     and late fees from sale proceeds. 
at the time, but now their                                              
financial situation has changed       5.If property does not sale, the  
to the point where they can no        lender becomes the owner of the   
longer afford the payments on the     property (known as Real Estate    
home. In either case, if people       Owned by Bank or REO).            
get behind on payments, the                                             
lender will likely initiate the       So what can a person do if they   
foreclosure process.                  are behind on their payments?     



Here are some possibilities:          known as a short sale, is only    
                                      possible when the buyer and       
1.Talk to your lender to see if       lender agree to this type of      
you can work out alternative          arrangement. Borrowers should     
payment terms that will help you      discuss how this arrangement will 
avoid foreclosure.                    impact their credit rating.       
                                                                        
2.Quickly place your home for         5.Borrower files bankruptcy.      
sale and hope that it sells           Bankruptcy laws are very complex, 
quickly. This option is less          so borrowers should consult       
likely to work in a slow market.      qualified professionals to fully  
However, if you are able to sell      understand the implications of    
your home, this will allow you to     bankruptcy on a home foreclosure  
payoff the lender from the            before making any decisions.      
proceeds of the home sale                                               
(assuming that the sales price        The summary above should give you 
and your equity exceeds the loan      a general idea about real estate  
amount).                              foreclosures. You should know     
                                      that the process of foreclosure   
3.If you have sufficient equity,      varies by state, and in some      
you may be able to refinance the      jurisdictions, the borrower has   
property and take cash out to get     the right of redemption after     
caught up on the payments.            foreclosure. Be sure to consult   
                                      qualified professionals before    
4.Borrower voluntarily agrees to      making any decisions about buying 
return their ownership interest       or selling a property in default  
in the home to the lender, and        or foreclosure.                   
the lender agrees to forgive any      

                              
remaining debt. This option, also     




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    Understanding Real Estate And Home Foreclosures