The Steps Behind A Foreclosure
When a home goes into foreclosure, the process doesn't happen overnight. Legally, it is set up to allow you an opportunity to fix the situation before your permanently lose the rights to your home. Although foreclosure laws can vary from one state to the next, they generally follow the steps outlined below.
#1 Notice of Default
The first thing that you will receive is a notice of default. A notice of default is essentially a written letter that informs you that you have fallen behind on your payments and you are now in default. This is not a late payment notice. If you are getting a notice of default, you are generally multiple months behind on paying your mortgage, not just a few days late on getting your monthly mortgage payment to the bank. You should have already received late notices for your payments before you will get a written notice of default.
A written notice of default is a more formal notice that you are so far behind on your payments that your home lender considers you to have failed to fulfill your obligations to repay your loan in a timely manner.
#2 Redemption Period
Following your notice of default, your bank is still going to give you a chance to make things right. You will be given a small time frame where you have the ability to pay back all the money that you owe the bank. That includes your missed payments along with any interest, penalties and attorney fees that the bank has attached to your account.
This time frame is not very big, but it gives you a chance to show the bank that you are making an effort to get back on track. An attorney can help you negotiate reasonable repayment terms that you can afford. This is really your window of opportunity to save your home.
#3 Court Filing
If you do not take advantage of the redemption period that the bank provides you with, the ban is going to go forward with either the judicial foreclosure process or the non-judicial foreclosure process. The type of foreclosure process depends on where you live. Either way, the bank is going to formally signify that they are going to take your property away from you to settle your debt to them.
From there, the bank may provide you with a foreclosure notice of sale and may sell your home at an auction or through a foreclosure real-estate service. If you stay in the home, the bank can file an unlawful detainer suit to get your kicked out of your home.
You should contact a foreclosure attorney for legal services as soon as you get your notice of default so that your attorney can work with your bank to come up with a repayment plan you can afford that allows you to keep your home.