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In order to stop
foreclosure one must understand the foreclosure process. Foreclosure process
differs in every state, and it is best that you as a homeowner understands and
know the foreclosure process, as well as, the timeline. You, as the borrower,
would be able to make a good or perhaps better decision for you to stop
foreclosure based on what you have learned. There is the foreclosure timeline
which starts when the borrower misses the first mortgage loan payment by a day;
there are no penalties yet at this time. When the borrower still fails to pay
within 16-30 days, there would now be a late charge and the lender will contact
the borrower for an explanation why he or she missed the monthly payment.
On the 16th day of
the missed payment, there will be an additional debt which is commonly known as
mortgage late fee. On the 30th day of the missed payment, the borrower will be
in default, meaning the borrower is behind in the mortgage payments, and if he
or she still fails to pay then the lender will take his or her home. Some
lenders will allow the borrower to pay the late payment partially; while other
lenders would demand that the late payment should be paid. In California
foreclosure process, the lender typically files a Notice of Default when the
lender is at least 60 days behind in terms of the mortgage payment. Then on the
45th to 60th day, a "breach" letter will be sent to the borrower
which states the mortgage terms and the borrower is only allowed 30 days to
find a solution for the unpaid amount. In this period, phone calls from the
mortgage collector will come frequently. Then, the borrower will offer options
to the borrower to resolve his or her predicament and those options are
repayment plan and loan modification.
Then, on the
60th to 90th days, a notice of default will be sent to the borrower and
collection costs will be probably added to the late fees. Furthermore, the loan
will be turned over to the lender's legal department which will send the
documents to a local attorney who will begin the foreclosure proceedings. Then
on day 150 to 415, Notice of Trustee Sale will be filed, and then the
borrower's home will be scheduled to be sold at a foreclosure auction or a
foreclosure sale. There are benchmarks that must be met during a foreclosure
process, since, a foreclosure proceedings is a legal event. Advertising of the
impending foreclosure in the local papers should be done, once the case is
being handled by the local attorneys. The homeowner or the borrower have every
right to stop the process leading to foreclosure, since, most states have laws
regarding that. During this period, there are states that give chance to the
borrower to purchase the property they have the ability, but, most homeowners
or borrowers will be forced out from their homes by the department of the local
sheriff.
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