WHAT IS FORECLOSURE?
Foreclosure is a process in which a lender forces the sale of a home when a buyer defaults on their mortgage loan. That means if you fail to make payments, your home can be sold, without your approval. A lender can put a lien against your home, which is often the first step towards foreclosure.
Lenders can use a nonjudicial foreclosure, meaning the process occurs outside the court. When there's a power-of-sale clause in the deed of trust, the mortgage loan is secured, because the trustee can sell the home to pay off the loan balance. The lender can request such action if the borrower defaults on their loan, although they cannot collect a deficiency judgment at this point. A judicial foreclosure, on the other hand, involves a lawsuit in which a court orders the property to be sold and auctioned off. It's an option used when the mortgage or deed of trust has no power-of-sale clause.
Is your property in danger of foreclosure? Our foreclosure team can assess your situation and go over all the options.