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Foreclosure Questions & Answers
Here are some foreclosure frequently asked questions &
answers:
Foreclosure Question: What is a
foreclosure?
Answer: There are two kinds of debt: secured and unsecured.
Unsecured debt is like a credit card – if you don’t pay,
there’s nothing the card company can take. But a secured debt
is when you have agreed in advance that the loan issuer can
take your property if you do not pay the loan. A foreclosure is
the legal process of taking the property when you have stopped
making the loan payments.
Foreclosure Question: Can the
bank just kick me out of my house?
Answer: No, the bank must go through a legal process before
they take your home and evict you. The process and the length
of time varies by state, but you will have at least 45 days
notice and generally much longer. One man in Ohio was able to
fight foreclosure and stay in his home without making payments
for 11 years! (Results not typical!!!)
Foreclosure Question: What are
the steps in foreclosure?
Answer. First, you are in pre-foreclosure. That means that
you’ve missed some payments and the bank may have contacted you
by phone or mail, but they haven’t initiated any legal action.
Once they initiate legal action, you’re in foreclosure. They
have to serve you with a Notice of Default. They also have to
publish the notice (which is why you get so many predatory
letters around this time). There is a waiting period so that
you can come up with the owed monies or make arrangements with
the bank to settle the debt. If you can’t do that, there is
generally a court hearing (varies by state) and then there is
an Order issued allowing the bank to sell the house. You can
still make the bank an offer during this period. Then the bank
sells the home at auction to the highest bidder. In some
states, there is a redemption period after the auction where
you can still make a deal with the bank. If no deal is made,
you have three days to vacate the property.
Foreclosure Question: How long
does the process take?
Answer: Some states move fast on foreclosures. It is not
uncommon for a foreclosure in Texas to be through in the
minimum 45 days. However, most homeowners have about six months
from the time of service of the Notice of Default.
Foreclosure Question: What can
I do to stop foreclosure?
Answer: There are many ways to stop foreclosure. You can bring
the mortgage up to date. You can sell the house. If you owe
more than the house is worth, you may be able to do a Short
Sale or a Deed in Lieu of Foreclosure. If you want help
navigating the system, you may want to contact a mortgage
mitigation professional. I recommend <a href=
http://www.homeassure.com/a/1628> Home Assure </a>to
anyone wanting to work with a reputable company to save their
home and credit.
When you have foreclosure questions, you want answers. I urge
you to download the free report, the Foreclosure Survival
Guide, at the top of this page for more answers to your
foreclosure questions.
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