It’s hard to make any blanket statements about dealing with the process, as it varies so much from state to state — and even from county to county. That said, foreclosures can occur when a home loan becomes just too much of a financial burden, and the owner simply cannot or will not make the payments any more.
Foreclosure is a term that dates back to the 1200s. It’s from the early French word forclos, meaning to exclude, shut out, or drive away. In today’s legal terminology, it means taking over a home that’s collateral for a mortgage. Given that a lender can evict a borrower, the meaning hasn’t changed all that much in 800 years!
A foreclosure usually means a previous owner fell into
default on the mortgage. When there’s an unpaid mortgage debt, the lender can
put a lien on the property, and ultimately claim the property itself. Foreclosures
can also happen due to a neglected tax lien, or some other kind of lien.
But there’s just one question we’re going to explore here. If you decide to purchase a foreclosed home, what problems could arise later? Let’s dive right in and look one of the stickiest situations: a legal challenge from the former owner.
When you’re browsing the listings, you might encounter the
terms pre-foreclosure or short sale. What’s the scoop on these
It all starts when homeowners with mortgages find themselves
under water — property values drop, and a homeowner owes more on the loan than
the house is worth. Further, the owner has fallen on difficult financial
circumstances and is unable to find assets or sources of income to keep covering
the regular monthly payments. Hoping to avoid foreclosure
and keep some control over the transfer of the property, the homeowner asks the
lender to approve a short sale of the home — meaning the lender will agree to
receive less money than the outstanding mortgage balance from an unrelated
person who buys the house.
Thinking of buying a foreclosed home? The lower prices for
foreclosures among the listings are certainly tempting! Even better, a lower
price translates to lower property taxes. But given the potential pitfalls, will
the deal be worthwhile?
Buyers’ experiences vary widely. States vary, too, in laws
and policies related to the way foreclosures are handled. That noted, here is a
general planning guide to buying a home in foreclosure.
It’s not the easiest topic we cover, but we know foreclosure
sales will be on the uptrend as the U.S. works for financial recovery from a
global public health crisis. Many readers are currently stretched thin by their
mortgage obligations combined with other debts. For some, the financial stress
will be overwhelming. If any helpful arrangements offered by the government or
the lender cannot be sustained, homes can ultimately be taken back by the lending
Under your mortgage agreement, your home is collateral in
case you stop repaying the loan. So, in a default situation, a lender will follow
the process agreed upon in the contract, in order to sell the house and use the
sale proceeds to pay the loan debt and the administrative costs of foreclosure.
Many people are anticipating that possibility, depending on how feasible it is
for them to adjust to our abruptly changed economy.
For the owner motivated to keep the house, can filing for
bankruptcy help? It can, if the homeowner has a regular source of income. Let’s
look at how this works.