Real
Estate Foreclosure - what is it?
Failure
to make payments results in the foreclosure of the mortgage. Foreclosure
allows the mortgagee to declare that the entire mortgage debt
is due and must be paid immediately. This is accomplished through
an acceleration clause in the mortgage. Failure to pay the mortgage
debt once foreclosure of the land occurs leads to seizure of the
security interest and it's sale to pay for any remaining mortgage
debt. The foreclosure process depends on state law and the terms
of the mortgage. The most common processes are court proceedings
(judicial foreclosure) or grants of power to the mortgagee to
sell the property (power of sale foreclosure). Many states regulate
acceleration clauses and allow late payments to avoid foreclosure. |