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The judicial foreclosure sale (sheriff sale) Non-judicial foreclosure sale (trustee sale) Furthermore, the other security devices that may be used in creating a real estate lien to secure the debt that contains the provision of the power of sale are: The contract of the land sale; The lease option sale; The UCC-1 statement of financing
Foreclosure investment refers to the process of investing capital in the public sale of a mortgaged property following foreclosure of the loan secured by that property. In real estate , foreclosure is the termination of the equity of redemption of a mortgagor or the grantee in the property covered by the mortgage.
A deed in lieu of foreclosure is a deed instrument in which a mortgagor (i.e. the borrower) conveys all interest in a real property to the mortgagee (i.e. the lender) to satisfy a loan that is in default and avoid foreclosure proceedings. The deed in lieu of foreclosure offers several advantages to both the borrower and the lender.
Key takeaways. If you’re facing foreclosure, the right of redemption gives you a legal pathway to keep or regain your home, by paying back the entire outstanding loan, plus interest and fees.
Sanchez, 836 S.W.2d 151, where a repossession agent towed away a car even after the loanee locked herself in it, the court decided that this was an unlawful breach of the peace and declared the repossession invalid. The debtor was also awarded $1,200,000 in damages from the bank involved.
Nevertheless, in an illiquid real estate market or if real estate prices drop, the property being foreclosed could be sold for less than the remaining balance on the primary mortgage loan, and there may be no insurance to cover the loss. In this case, the court overseeing the foreclosure process may enter a deficiency judgment against the ...
For both legal and practical reasons, the use of foreclosure as a remedy has fallen into disuse. [6] Even where a mortgagee seeks an order for foreclosure from the courts, the courts will frequently order judicial sale of the property instead.
View from the slopes of Old Black. According to the U.S. Census Bureau, the county has a total area of 443 square miles (1,150 km 2), of which 435 square miles (1,130 km 2) are land and 8.6 square miles (22 km 2) (1.9%) are covered by water. [7]