How does the foreclosure process work?
We get a lot of questions about how the Foreclosure process works… or what can I expect to receive from the Mortgage Company and when? We will try and walk you through the process to hopefully help you understand what is going on and what might happen. We don’t have all of the answers and each case may be handled a little different, but we have done this for a long time and this is how a foreclosure will typically take place.
Notice to Accelerate
Once you miss your first payment the foreclosure process will begin… you will receive letters form the Mortgage Company telling you that they have not received your payment and please remit immediately. These types of letters will continue for 2-3 months if no payment is made. Once you reach the 60 day past due point you will receive a Notice to Accelerate from them. This will demand payment to bring the loan current. At this point they will not accept a partial payment… you must pay the entire delinquent amount plus any late fees. They will threaten you by saying if you don’t pay by a certain day they have the right to accelerate the due date of the loan and initiate the foreclosure. They will also tell you if they accelerate the loan attorney fees will be added to the delinquent amount. Click here to see a sample Notice to Accelerate letter.
The Demand Letter
If you do not respond with a payment by the date the mortgage company established in the notice to accelerate letter they will hire an attorney. The attorney will forward you what is called the demand letter. This letter is formal notice that if the loan is not brought current medially the foreclosure will be filed with the court system.Click here to see a sample demand letter.
The Notice of Default
If you do not respond to the demand letter to the attorney for the mortgage company will file the foreclosure with the court… this is called a notice of default. This Court document you should receive will list the entire debt amount that needs to be paid. It will also give you 20 to 30 days to respond to this judgment notice. Click here to see a sample Notice of Default letter.
The Notice of Sale
if you do not respond to the notice of default after the 20 to 30 period has expired the attorney it will file a notice of sale. This notice or sell will set a sheriffs auction date where your house will be sold at and auction. Click here to see a sample Notice of Sale.
This is the process to foreclosure will follow in a judicial foreclosure state. At anytime in this sequence, before the sheriff’s sale date, this process can be stopped or postponed. The bottom line is the mortgage company does not want to sell your house anymore than you want them to. They are not in the business to own real estate they make their money by you making your payments. They are willing to work something out with you the key is to come to an agreement with them with something that you can definitely afford.
Please tell us your comment on what you have experienced that may be different to what we have outlined. Your comments may help someone else that is in this process.
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Comments
I'm really considering foreclosing on my home.
If I foreclose on my home can the first and second lien holders garnish my wages for the difference?
Lastly,what does anti-deficiency mean?
I am in a house that i woe more than what its worth. If Countrywide forecloses and HSBC holds the 2nd mortgage and it is sold but doesn't cover what i owe, am i still responsible for the remaining balance or am i free and clear?
Thank you
I filed bankruptcy Nov 2007 and included my house in that bankruptcy. I have moved out of the house. Ocwen (load co) still has not taken the house. Am I still responsible for the house(cutting grass, insurance, utilities etc...)
have not heard anything since then. Today I received a letter from a company called First Amherst
Financial that said that they purchased by loan from the original company, Onyx Bank, that was the lender for the 2nd on the house. Am I responsible for the 2nd when the house was sold at forclosure acution?
can these people be held responsible for there lack of follow through. It has been devestating.....
House went thru short sale process and completed. Was told but never received any documentation stating that foreclosure process had started then been suspended by the bank. With short sale complete and HUD docs in hand, it states foreclosure process started on my credit report. IF IT WAS NEVER COMPLETED, WAS THERE ACTUALLY A FORECLOSURE?, and how should it be reported? PLEASE HELP!
The real deal is its gone, and there is nothing i can do about it.the banks dont care if we loose our jobs.all we can do is atemt to start over. Jeff
I'm excited! I want out of this mess and start over. I have virtually no equity in anything.
I have two commercial propertys on one loan totaling $70,000 and a home loan with a second mortage totaling $93,000.
I have credit card debt at $46,000.
I plan on filing bankruptcy in August and I am lowering my income to below $31,000 before I do.
I'm not paying any more on my real estate and will let the bank foreclose on all three.
The only thing I want to keep is my two Harleys but I found out from the lawyer that that won't be possible.
Within the last three days i just bought two cars totaling about 30,000 in loans.
I should be able to keep these in my bankruptcy.
I need to show an income of less than 31,000 in the 6 months prior to my bankruptcy filing which should be in August. It's March 25 now.
I'm not paying my credit cards starting now either.
I'm only paying utilities, insurance, and car payments. I may pay the harley payments totalling about 500 per month until August just to be able to ride this summer. i may pay for them by selling off some cash assets like garage sale items and stuff i can get cash for. This is so the court won't see that i'm able to pay $500 a month for the bikes and not the other expenses.
I work three jobs. One main job and two part-time. My wife works a part-time job. I won't be working the partime jobs for the three months prior to my bankruptcy.
I'm also taking my vacation before August which cuts me out of two weeks pay. i'm also contemplting knee surgury that will put me out of work for a month or more. Like I said I have to lower my income below $31,000 over the 6 months prior to my bankruptcy.
I'm hoping this works out but who knows. this should be interesting.
I'm going to blog my progress on facebook. Look for bankrupt harley dude on facebook.
If you have any questions or comment let me know!!
BHD
There are 110 foreclosures in our building.(total of 200 condos). There are
also 40 short sales, that is why mine isn't selling, they are all 100000 cheaper
than what we paid.
How soon will the lender force foreclosure
on me and will they delay it because they
know my building is down in the dumps and there are no sales? What is my
situation and outcome here?
If my house goes to forclosure do I still have to pay the HOA Fee?
Thanks
How long until I have to be out?
Please any help would be wonderfull.
Thank you :)
How can I find that information for Ohio?
My question IS: What do we do now to correct this problem so we can continue with our loan?
This house had a basement that was nothing but a concrete shell, now it is finished - except for the ceiling.
New furnace, centeral air which did not come with the house - built a nice laundry room with beautiful cabinets - vary nice work area with a very nice work bench. New copper plumbing, electric has been changed out to curcuit breakers. $12,000.00 Remodled kichen $10,000.00. Remodeled bathroom $5,000.00. No appliances came with house. Vinel siding on both house and garage $17,000.00. New roof on both house and garage (tear offs) $8,000.00. Built beautiful work area and storage area in garage $2,000.00. Had to tear out old, small front porch (falling apart) put new long porch in with new bushes because the old ones were dead $4,000.00. Plus new carpet paint and many more various little thing like new doors through out the inside of the house $500.00. Remoldel the up stairs bedroom and closet put new light fixtures throughout the house approx. $1,500.00.
New windows for the intire house plus exterior doors both front and side, $6,000.00.
So tell me, am I just suppose to hand all of this over?
I have also left several other things out that I have done.
So what can I do? I sure am not paying my house payment through any fault of mine.
I do not know where to evan look any more but I still try.
Chase mortgage co. have the rudest people working for them that I have ever dealt with. They could care less. Not qualified is all that I ever hear from them.
They sent me a registered letter telling me that I needed to call them immediately, so I did. I had stop answering the phone because of all the smart a-- coments I would get so I called and told them why I quit answering the phone, the guy just laughed then said (while laughing) that he would talk to them about my compaint.
What can I do? I sure am not going to just hand these appliances and extras over to them.
I’ve been unemployed since June and have received two calls already and a letter from a collection agency regarding my secondary. I have received my 1099 forms for my primary but not my secondary for my taxes.
Am I still liable for the secondary debt and will I have to pay taxes on it? Or do I need to file bankruptcy? please e-mail me with your answer
Is it legally correct for them to force me to pay?
Can they garnish my wages?
What do you recommend?
Thanks.
We are fighting our foreclosure and the case is still active but there has been attempts for debt collection through the lenders collection department on payments missed during the foreclosure proceedings which include piled up fees, interest, and late charges...Is this legal?
KL
Any suggestions? I've tried getting a loan mod, was not approved because I was current on payments. I've tried refinancing, no go, too much debt/income ratio.
I hate to lose my house, but I can't afford to put out over $2500 in rent and mortage until new renters are found.
represent me in court as I am disabled and 74 years old but I was foreclosed on without any notice that I know of. thaught I supposed to get a registerd letter






