!-- Google Tag Manager (noscript) -->

Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

mortgage foreclosure

Read a random definition: arm's-length price

A quick definition of mortgage foreclosure:

Mortgage foreclosure is a legal process where a lender takes away a borrower's property because they have not paid back the money they borrowed. The lender can either take ownership of the property or sell it to pay off the debt. There are different types of foreclosure, including judicial foreclosure, where a court is involved, and nonjudicial foreclosure, where a court is not involved. Tax foreclosure is when a public authority takes and sells a property because the owner has not paid their taxes.

A more thorough explanation:

Mortgage foreclosure is a legal process where a lender (the mortgagee) takes action to end a borrower's (the mortgagor's) ownership of a property. This is done either to gain ownership of the property or to force a sale to pay off the unpaid debt secured by the property.

There are different types of mortgage foreclosure:

  • Equitable foreclosure: This is a court-ordered sale of the property, with the proceeds used to pay off the mortgage debt. Any surplus is paid to the borrower.
  • Judicial foreclosure: This is a court proceeding that involves many legal steps, such as filing a complaint, serving notice, and holding a hearing. It is a costly and time-consuming process, but it is available in all jurisdictions and is the most common method of foreclosure in at least 20 states.
  • Nonjudicial foreclosure: This is a foreclosure method that does not require court involvement. It can be done through a power-of-sale foreclosure, where the property is sold at a nonjudicial public sale by a public official, the mortgagee, or a trustee, without the stringent notice requirements, procedural burdens, or delays of a judicial foreclosure.
  • Strict foreclosure: This is a rare procedure that gives the mortgagee title to the property without first conducting a sale, after a defaulting borrower fails to pay the mortgage debt within a court-specified period.

For example, if a borrower fails to make mortgage payments, the lender may start a foreclosure process to take ownership of the property. The lender may choose to go through a judicial foreclosure, which involves going to court, or a nonjudicial foreclosure, which does not involve court action.

Another example is if a borrower owes property taxes and fails to pay them, the local government may start a tax foreclosure process to seize and sell the property to pay off the taxes owed.

mortgage discount | mortgage-guarantee insurance

Warning

Info

General

General chat about the legal profession.
main_chatroom
๐Ÿ‘ Chat vibe: 0 ๐Ÿ‘Ž
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.