Some Facts Worth Knowing About Foreclosure
Posted on March 15, 2008
Filed Under Foreclosure | Leave a Comment
When a bank or other secured lender sells or even repossesses certain immovable property because the owner was unable to keep up with the terms of the agreement with regard to a mortgage or deed of trust, foreclosure is the end result. It means that there is generally a violation in the payment terms which is secured by a lien on the property in question, and when the foreclosure process becomes complete, it means that the lender has foreclosed on the lien or mortgage.
Different Types
A mortgage holder is allowed to begin foreclosure proceedings as soon as there is a default in the terms of the mortgage, though there are different types of foreclosure that can occur in the United States with two being widely encountered, while the others may occur in some states. The most usual type of foreclosure is that which is known as foreclosure by judicial sale and it is found applicable in all states in the country and is required in a number of states as well.
The foreclosure by judicial sale means that the mortgaged property is sold under the courts supervision and the proceeds of the sale are first meant to wipe out the outstanding payments on the mortgage and then the remainder will be used to pay off other holders of liens, and the remaining portion would then go into the hands of the mortgagor.
There is also foreclosure by power of sale, in which case the property is sold by the holder of the mortgage though there is no supervision of any court, and whenever such form is available, it is usually a better option of foreclosing on property and it is thus allowed in most of the states as well. The handling of the proceeds is more or less the same as in the first case, and whatever other types of foreclosure are possible, they will depend on the state in which the property is located and will differs from one state to the other.
There is also strict foreclosure in which a mortgagor will default whereupon the court shall order the mortgagor to pay mortgage for a specified period of time and should the mortgagor still default; the holder of the mortgage gets the title to the property without being under any obligation to sell off the property. Such a form of foreclosure was the original form, though now it is only available in New Hampshire, Connecticut and also Vermont.
Foreclosure Assistance: Dont Get Duped By The Many Fraudsters Out There
Posted on March 9, 2008
Filed Under Foreclosure Help | Leave a Comment
If you are unfortunate enough to have fallen behind on your mortgage payments, foreclosure will loom large on the horizon that will mean losing your home and also falling prey to unscrupulous people that may try and cheat you of your property and rights. The worst part of it is that many of these people are very clever and can hide their dishonesty very well and will not think twice about doing you out of your money, and worse still, your home as well.
Rising Numbers Of Foreclosures And Scams
You may well be aware that US foreclosures are rising and so too are the numbers of scams and so you need to protect you from foreclosure assistance fraud and the best way would be to learn the methods employed by scamsters and how they dupe people into believing their well disguised fraudulent offers and aid to you. Being prepared well before the eventuality will improve your chances of avoiding becoming the next victim of their fraudulent schemes.
Once a person falls short of adequate funds, his or her position becomes very precarious and makes them a prime target of foreclosure assistance scams and these scamsters have their own strategies worked out which are known as equity skimming in which they offer to buy your home so that you can pay off your mortgage payments and in the same time helps you to preserve your credit standing.
However, such scamsters will first ask that you give them title to the property and will promise to you that you will get a portion from the sales proceeds. However, no sooner than the property is transferred to their names, they use the property to earn them rent while the bank or lender will have begun foreclosure process against you, who have to bear the responsibility of paying back the mortgage, while the scamster has deprived you off the title to your property. Thus, remember that if you are offered foreclosure assistance in which you need to give the title of your property to someone else, it more than likely is a scam and you would do well to steer well clear of such offers.
Sometimes, you may want to get foreclosure assistance from a counselor who has advertised his or her services claiming that the agency will work on your behalf and who will provide foreclosure assistance to you so that you can still own your property. However, they ask for upfront payment which is another less than sound idea because often the services they provide are what anyone with common sense would be able to do on their own. So, it is ok to get foreclosure assistance though you should get the arrangement given to you in writing and it should also is reviewed by an attorney and in any case, makes sure to have checked with your county District Attorneys Consumer Fraud Department before proceeding further.
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