Sunday, August 24, 2014

Types of Mortgage Foreclosure

Judicial

Strict Foreclosure- A legal procedure which enables the lender to take title from a defaulting borrower without a foreclosure sale.  The court grants the borrower a specified amount of time to pay off the loan.  If the debt is not paid, title is awarded to the lender.

Judicial Sale- Legal proceeding where a lender files a lawsuit against a defaulting borrower in order to force the sale of property held as collateral.


Nonjudicial

Power of Sale - Mortgage provision which enables the lender to foreclose without filing a lawsuit.

Deed in Lieu of Foreclosure- Also know as a "Friendly Foreclosure".  A deed given to a lender by a defaulting borrower who wishes to avoid foreclosure proceedings.  The lender may or may not accept the deed.

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