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Home Foreclosure – A Veteran’s PerspectiveMarch 12th, 2010

Author: admin

SSCRA or the Soldier and Sailor Civil Relief Act were signed by President Bush on December 2003. The main point for this act was to set new legislation to simplify or ease both legal and economic burdens to military personnel whether active or retired.

What is SSCRA ?

The SSCRA address the inability of military men to meet financial obligations when they are in active duty. Financial obligations include rentals, leases, mortgages, credit card payments and other similar transactions. The SSCRA also stretches to cover the dependents of the military men in question.

SSCRA covers those under active duty, this includes out on basic training exercise or assigned in the field. Most veterans fail to pay their financial obligations since they are unable to do so during the line of duty. The SSCRA aims to provide legislation to these individuals so that they are given consideration regarding deadlines and maturity dates.

One area covered by SSCRA for military personnel and their dependents includes leasing/renting of a property for residential purpose not more than $1,200 a month. Also the conditions must be met and the transaction must be first be made before the service man is enlisted into active duty.

Since they are on active duty, it's almost impossible for them to settle the obligation. On this note, the service man must send a request of being under the protection of the SSCRA to the court when he or she receives an eviction notice. If the judge finds sufficient grounds which merits the protection from SSCRA then the court may postpone the eviction until the term of duty of the personnel expires.

Veterans On Active Duty

Most of the military personnel in active duty will not have the ability to fulfill their financial obligations to various institutions like credit cards, banks, insurance or mortgage lenders. The SSCRA aims to provide a form of security to these men on duty for their role in preserving peace and justice in their country.

The SSCRA will provide enough elbow room for the military personnel to be given extended deadlines for payments, foreclosures and mortgage transactions when they are in the line of duty. Though not all veterans are given the privilege of being under the protection of the SSCRA; some criteria and requirements must be met for both the transaction and the personnel before they are granted protection.

Interest Rates

Veterans on active duty who are unable to pay financial obligations such as mortgages and who are facing foreclosure may then invoke the protection of the SSCRA to avoid such problems. Qualified debts are those incurred prior to service men coming into the line of duty. Also, the request will only be valid if the personnel are in the line of duty when the request was made which limited them from settling the said obligation.

When qualified, the service man needs to send a letter to the lender requesting that their interest rate be capped to 6% according to the provision stated in SSCRA. Also, they may need to send a photocopy of the military order to the lender as proof that they are on military duty as stated in their letter of request.

SSCRA and Home Foreclosures

The SSCRA also covers the military personnel under the obligation of a mortgage, trust deed or security of property for any financial obligation. The SSCRA simply states that the personnel are valid for protection under the SSCRA if the obligation and the property were done prior to their military service.

The provision states that prohibition of foreclosure or sale of mortgage property without the presence of the borrower, the military personnel in this case, whether in a judicial or a non-judicial foreclosure. It is also stated in the SSCRA that maturity dates and deadlines will be given an extension when the military personnel is in active duty until they are released from their given designation.

Even if the maturity date or the date of foreclosure is extended due to the military personnel's inability to pay, the court will try to achieve a compromise agreement from both parties requiring the mortgage lender to pay at least half of the amount due while the mortgage holder extends the deadline or put a stay on the foreclosure or sale of the property.

Using A ProfessionalFebruary 28th, 2010

Author: admin

When facing imminent foreclosure due to unpaid debts to your creditors, then it is a good time as any to seek the help of professional who can help you to stop the foreclosure on your home.  Some of the professionals that you can consider using to stop home foreclosure include, real estate lawyers , foreclosure consultants and even your financial planner may be able to provide you with advice when facing a foreclosure.

Real Estate Lawyers

Considering the business that is attributed to mortgage and foreclosure, we can safely say that there's a battalion of professionals that can easily get you out of a tough situation when facing foreclosure. Though their fields of expertise might vary, they still aim for the same goal which is to help you in solving your problems. One such professional are Real Estate Lawyers.

These individuals are well versed when it comes to real estate laws, foreclosures and mortgages of real estate, as well as buyers, rental and sellers of real estate properties. These lawyers represent the interest of the debtor, borrower or mortgagor, when it comes to dealing with possible foreclosure on their immovable property. Real estate lawyers are well versed when it comes to various intricacies of the statutes of law when it comes to foreclosure on real estates.

They can provide legal counsel on what possible solutions are there to protect your property from foreclosure; able to communicate directly with the lender and negotiate on possible agreements that will save your property while maintaining the best interest of both the mortgage company and yourself.

Despite actions taken by the borrower which will result in the decision to sell off the property to pay off the debts, real estate lawyers can help you with the process of the sale as well as providing information on market values regarding the said property.

Foreclosure Consultants

When facing imminent foreclosure from a mortgage company, it is always good advice to visit a foreclosure consultant. These professionals specialize in foreclosure scenarios and are quite knowledgeable in looking for ways to avoid the situation.

Foreclosure consultants have the foreknowledge in stopping or postponing a foreclosure sale by the mortgage company. A way of assisting you is obtaining forbearance from any creditor or mortgagee, and can help you exercise the right of reinstatement. They can also help you out by extending your deadline or maturity date to avoid foreclosure on your property and make the payments easier.

These professionals can also provide assistance in applying for a promissory note, acceleration contracts secured by deed of trust or mortgage. They can also help you out by obtaining advance loan or funds from other sources to help you in your payment. Using their contacts to various lenders in the country, they can give you advice regarding which company is open for refinancing as well as the best deals in the process.

Since the borrowers or debtors credit is in the line, they can help you out when your credit is being impaired due to the notice of default or the conduct of the foreclosure sale issued by the court in request of the lender or the mortgage company.

DIY Approach

It is quite true that hiring professionals like real estate lawyers and foreclosure consultants to help you out with your financial problem might prove costly but considering their line of work and expertise, they are there to help you solve your foreclosure problems.

But if you are on the thrifty side and decide to learn about all the intricacies of the problem on your own to save on the extra cost on hiring these professionals then it could prove to be a daunting task, but not impossible.

The Internet is a good source of information regarding foreclosure and mortgage. Some sites offer tips on how to avoid a foreclosure while some offer definite solutions to get rid of it entirely. Though finding the right site with the perfect information could be painstakingly hard, you can find the right one with a little determination and patience.

Another way to research on your problems regarding foreclosure is to visit forums about it and ask different users regarding their views on the matter. Not only will they be able to provide first hand experience on their dealings with foreclosure, they might provide you with in-depth information on how to deal with it; all-in-all you might be able to find the perfect solution for your needs.

Deed In Lieu of ForeclosureFebruary 1st, 2010

Author: admin

A deed in lieu of foreclosure is an instrument or document wherein the borrower will convey all the interests in the property used as collateral in a mortgage loan to the lender or creditor. One reason for this method is to avoid a foreclosure proceeding which is damaging to the image of the borrower and expense of the lender.

Advantage to the borrower

To everyone, a deed in lieu of foreclosure might look disadvantageous to the borrower but in truth it is not. The deed is quite advantageous to both the debtor and the lender and is mostly practiced in any proceedings prior to foreclosure.

One advantage to the borrower is that the deed will automatically release him or her from their debt to the lender; this will include most of the costs that is attributed to the loan. In other words, your debt will be forgiven giving you the freedom from financial burdens when it comes to your loan, even if your property is lost in the process. Even if the deed poses a negative feedback to your credit rating, it is still less harmful than going into a mortgage foreclosure.

It is true that the deed in lieu of foreclosure will not save the property that the borrower used as collateral for the loan; the act in itself will give you another opportunity to strike another mortgage loan if needed. Avoidance with the processes which is attributed to a foreclosure is a definite advantage to both the borrower and the lender.

Advantage to the lender

An advantage to the lender is the total repossession time of the property is considerably less compared to a foreclosure. Also the advantage to the cost of the repossession as well as the cost of the foreclosure proceedings is quite appealing to the lender since they won't need to pay lot of money to get the property from the borrower.

How to prepare the deed in lieu of foreclosure

First of all, the deed must be made in good faith by both the lender and the borrower, and both sides must go into the transaction voluntarily. Before the deed is made, there must be an agreement between both parties that the property in question is at least equal to the current market value. In most cases, the lender will avoid or junk a proposal for a deed in lieu of foreclosure if the current market value of the property exceeds the total amount owed by the borrower to the lender.

As with most documents pertaining to avoid foreclosure, the deed must be made by the borrower and presented to the lender for approval. The document, or proposal, must state that the borrower pursues the deed voluntarily. This will give the lender the evidence rule in which it will protect the lender from future claims that they have acted on bad faith on the deed in lieu of foreclosure.

It is also important that the deed should have no other liens attached to it since this has been both regulated and followed by law, as well as lending organization in the business.

Also, the lender might request for the property to be vacant and uninhabited while the deed is in negotiations; also, the lender or the mortgage company might request for an appraisal of the property in question before the deed is approved. The deed must be made in a minimum of 60 days prior to the date of the foreclosure sale.

Negotiations in the deed in lieu of foreclosure

It is always important to undergo strategic negotiations with the lender when it comes to deed in lieu of foreclosure. More often than not, the deed must contain enough clauses to make it advantageous for the lender while giving the borrower enough elbow room to get the best deal in the bargain since the deal is not possible without the approval of the lender.

Another safe advice for borrowers who plan for a deed in lieu of foreclosure is to get help from a professional, in this case an attorney. These professional will be able to pen the said deed in a way that it will reflect the statutes of law as well as the advantages to both parties.

Foreclosures – Don’t Just Pack and Move!January 5th, 2010

Author: admin

Are you a homeowner who has been receiving multiple phone calls and letters from your mortgage holder?  If so, are you facing foreclosure?  Many homeowners say that they are surprised to be facing foreclosure.  With that said, the telltale signs are often there.  Most reputable financial lenders, including locally owned and operated banks, will do just about anything to keep borrowers in their homes.  Unfortunately, this is an important point that many either do not know or just do not take into consideration.

Many homeowners facing this scenario typically just want to pack up and move , however you should be aware of your rights before vacating the property.  As a reminder, financial lenders want to keep borrowers in their homes, especially those that are only facing temporary financial hardships.  That is just one of the many reasons why you should pick up the phone and schedule a meeting in person with the bank’s chief loan officer.

Before your property enters into foreclosure, homeowners are also encouraged to try and sell their property.  In some states, the process of foreclosing on a home and it acquiring a new owner can take up to 120 days.  This does leave you room to try to find a new buyer.  You may have nothing to lose by placing a for sale sign in your yard or by placing advertisements in your local newspaper.  You may even want to use the assistance of a professional real estate agent.

When trying to sell your home at the last minute, there are some important steps that you must to take.  If you want to sell your home at any costs, remember that you still need enough money to payoff your current mortgage.  For example, if you owe $50,000 on your mortgage, you cannot sell your home for $45,000.  It is also important to take your moving and living expenses into consideration.  Make sure that you walk away with enough money to help you find a new home, even if it only involves renting an apartment.

As it was previously stated, the entire process of foreclosing on a property can take up to 120 days or more in some states.  Instead of moving right away, you can use this time to try and make good on your outstanding mortgage.  Consider selling your valuables or getting a second job.  At the very least, stay in the home and save as much money as you can.  Remember, you need to have access to some money to move and rent a new apartment.

There are also a select number of states who give foreclosed property owners time to essentially reclaim their home.  These laws are referred to as redemption period laws.  If your state has these laws in place, you may not even be required to move right away after your home is sold at a foreclosure auction.  With that said, if you not anticipate being able to re-buy your home or get your mortgage in good standing, you should start making arrangements to leave the property.

As for when you do move, there are a number of important steps you will want to take.  First, remove all of your belongings from the home in a timely matter.  After a set period of time, you may lose ownership of these items due to abandonment.  Losing your home to foreclosure can be a stressful, frustrating, and maddening experience.  No matter how mad or upset you are, no good can come from “trashing,” the property before you leave.  In fact, you may face legal repercussions for doing so.  Be sure to leave with your head held high.

As a reminder, foreclosure laws and the rights that homeowners have vary by state.  Before you pack up and leave your home it is important to review these laws or speak with an expert.

Can Foreclosure Be Stopped?December 29th, 2009

Author: admin

Are you a homeowner who has been ignoring the warning letters and telephone calls from your bank?  If you are, you may find yourself in the middle of a foreclosure crisis.  At this point in time, fear may automatically set in.  What will you do?  Where you will live?  Can you afford to move?  Before you let fear take over, it is important to know that foreclosures can be stopped. Although this process is not easy, it can be done.

It is advised that you speak with your financial lender as soon as you find yourself experiencing financial difficulties.  For example, when you get laid off or fired from your job, schedule an appointment to meet with your lender and develop a plan, before any problems arise.  At the very least, communication should be made when you start receive intent to foreclosure notices.  Even if you have a sign on your home stating that the foreclosure process has officially begun, you can still talk to your financial lender.  In this instance, the sooner you do so the better.

As for why you should talk to your financial lender, even at the last minute, they want to avoid foreclosure as much as you do.  Often times, lenders lose a considerable amount of money on the sale of foreclosure homes.  If you can prove that your financial troubles are only temporary, your lender may give you a reprieve.  They may stop the foreclosure proceedings for you.  As for what can lead to this, you or your spouse getting a second job can help.

If you are dealing with a locally owned and operated bank, which you have been a loyal customer of, it is important to outright ask what can be done.  Offer suggestions yourself, if you do not receive them.  Could you continue making all future mortgage payments on time, but develop a payment plan for your past due amount?  Can you only pay interest for the time being?  Can you be given time to sell your home, as opposed to simply just losing it?  These are all important questions that you should ask.

Another way that foreclosures can be stopped, in most states, is with a declaration of bankruptcy.  However, this step is one that should not be made on a whim.  It is first important to meet with an attorney specializing in bankruptcy.  If you file for bankruptcy will the foreclosure proceedings stop?  Can you make it so that your home is not considered an asset in bankruptcy proceedings?  If so, this is the avenue that you may want to take.  However, since bankruptcy can negatively influence your credit, it should only be used as a last resort.

Before you take any action with the hopes of stopping foreclosure, you need to closely examine the situation at hand.  For starters, would you like to get out from under your property?  If it is a money-pit that needs constant repairs, it might just be easier to go the route of foreclosure or even outright allow your bank to sell the property.  If you want to keep your home, make sure that you can honestly do so.  It is recommended that you take forty percent of your income and apply that towards your living expenses, this includes mortgages and taxes.  If this isn’t possible for you to do, the avoidance of foreclosure now may result in the process starting again in a few months.

Banks and ForeclosureDecember 27th, 2009

Author: admin

Most people think that banks are happy with foreclosing homes and the current state of the property market .  In reality , they would rather have your regular cash payment than to undergo the meticulous and laborious process of foreclosing your house. So if you are facing foreclosure, the best initial move you can take is to contact your bank and establish an agreement that would be beneficial for both parties. Banks are in the business of lending money , not foreclosing on your home.

Banks and mortgage lenders have numerous financial assistance programs that are designed to limit the possibility of foreclosing a real estate property. Considering that you have been religiously paying your dues on time, there is no reason for your bank not to allow you to use their financial assistance programs and back-up plans that will save your mortgage payments from later default.

An arrangement could be made to help you keep up with your bills without having to sacrifice your house to foreclosure. However, this can only happen if you have an open connection with your lender and if you demonstrate enough interest in saving your house. Thus, on the first sign of problem be sure to inform your lender right away and anticipate that changes should be made on your payment terms.

Get into the details  and make it a point that your bank or mortgage lender knows the specifics as to why you weren't able to keep up with your mortgage payments. Reasons like severe sickness in the family, job loss or death in the family are excusable and could be considered as justifiable reasons. Also, some lenders have programs that are aimed at these specific problems.

There are other alternative options that you could use if you want to avoid foreclosure including forbearance, mortgage modification, mortgage or loan refinancing and reinstatement. All these require major modifications on the mode, terms and conditions of your mortgage payments.

Where To Find Foreclosure Advice?December 26th, 2009

Author: admin

Are you facing foreclosure?  If you have received an intent to foreclose notice from your bank, you may be feeling a wide array of emotions.  These emotions may include fear, anger, and sadness.  Regardless of how you feel about the situation, now is the time to take action.  Depending on how soon you act, as well as what steps you take, you may be able to avoid foreclosure and save your home from creditors.

When facing foreclosure, one of the first places you should turn to is that of the United States Department of Housing and Urban Development, also known as HUD.  There you will find experts who can help to point you in the right direction.  One direction that you may be pointed to is that of a HUD approved housing counselor.  A HUD approved housing counselor can give you tips on how to avoid foreclosure.  However, if you have reached the point where foreclosure cannot be stopped, assistance on picking up the pieces and finding a new home will be provided.

Another professional that homeowners facing foreclosure should turn is to that of an attorney.  Should you decide to contact an attorney for legal advice, it is vital that you select one who has experience dealing with real estate and foreclosure cases.  As for how a lawyer can help you, they may be able to stop the foreclosure process.  There are a number of ways this can be accomplished.  An attorney can and should be contacted in the event you find yourself a victim of a foreclosure scam or if you feel you are being discriminated against by your mortgage lender.

Although it is best that you seek professional assistance, such as the assistance of an attorney or a HUD approved housing counselor, you may want to turn to those around you.  As embarrassing as it may be to admit that you may lose your home, now is the time to receive support and encouragement from close friends and family members.  In fact, they may be able to help you avoid foreclosure.  Can you borrow money from someone that you know?  If so, just make sure that you pay it back and in a timely matter.

Returning back to seeking professional foreclosure advice and assistance, real estate agents can also be approached.  However, it is best if they are contacted as soon as you notice a problem.  If you suspect you may fall victim to foreclosure, contact a real estate agent immediately.  Before your home enters into the official foreclosure stage, it is known as being in pre-foreclosure.  You can still try to sell your home.  You can list your home as for sale by owner, but the knowledge and expertise of a professional real estate agent can help you sell your home faster.

Out of all of the places that you should turn to seek assistance with avoiding foreclosure, the bank is the most important.  Financial lenders want to avoid foreclosure.  Why?  Because they almost always lose money on the sale of foreclosed properties.  For that reason, schedule a meeting, in person, with your lender.  Make sure you meet with someone who is high ranking in the branch, such as the bank president or the chief loan officer.  If you can prove that your financial hardships are only temporary, do so.  This may help to convince your mortgage lender to give you more time.

The internet can also be used to seek foreclose help and assistance.  When using the internet, it is important to proceed with caution.  You, honestly, never know if what you find online is true.  With that said, many states clearly outline their foreclosure laws and homeowner options on their websites.  You may also find detailed information online from homeowners who have been in the same place as you, facing foreclosure.  Other homeowners may share the ways that they were able to successfully stop foreclosure.  In addition to carefully reviewing all information provided to you, do not pay anything. Foreclosure advice can easily be found online free of charge.

Finding Foreclosure Advice OnlineDecember 23rd, 2009

Author: admin

If you are a homeowner who is on the brink of foreclosure or if your lender has already started the proceedings, you may not know where to turn.  If you are limited on financial resources you may be unable to hire a lawyer to provide you with expert advice.  Although nothing is better than professional help, you can turn to the internet to find useful advice on how to stop home foreclosure.

When using the internet to find advice about foreclosure or to learn what your rights as a homeowner are, visit the website of your state.  This should be the official website.  Perform a search on the site for information on foreclosures.  You should be provided with information on foreclosure laws in your state of residence, as well as detailed information on the process works.  This information may also be available from other sources online, but you know the information is accurate and up-to-date when you get it directly from the source.

Another type of website that you may want to checkout is that of foreclosure attorneys or those who specialize in real estate.  Many lawyers will share important foreclosure information and tips on their websites, available to you free of charge.  For example, a current search of foreclosure attorneys will tell you that in some states foreclosure can be stopped right in its tracks when bankruptcy is declared.  Although not all attorneys are willing to divulge all of their secrets, you may be surprised how much information you can find online.

The internet can also be used to help you find and hire a lawyer.  As previously stated, those facing foreclosure don’t always have the financial resources needed to hire a lawyer, but there are ways around this.  Some lawyers will accept cases pro bono and others will work out a payment agreement with you.  As for when you should hire an attorney, you should do so if you fall victim to a foreclosure scam or if you believe that your lender is treating you unfairly and illegally.  As a reminder, lawyers specializing in real estate and foreclosures are recommended.

Credit counseling websites are another resource that you can find available online.  This is a controversial and sometimes risky approach, but help may be out there for you.  Some credit counseling companies may try to work with your lender for you. This may result in more affordable monthly mortgage payments for you.  With that in mind, there are many scams that surround these companies, even those that claim to be non-profit organizations.  For that reason, do the proper amount of research online first or check with the Better Business Bureau (BBB).

The website for the United States Department of Housing and Urban Development (HUD) should be visited as well.  There you will find a lot of information that is not only from a reliable source, but accurate. This website can be found at HUD.gov.  There, you can not only review your options before, during, and after foreclosure, but you can be connected to valuable resources, including a HUD approved housing counselor.

Also online, you will find a number of websites that are operated by individuals just like yourself.  Many have dealt with foreclosures firsthand, some came out on top, while others didn’t.  These types of websites can be used to provide you with valuable resources, as well as support.  Hearing how to deal with foreclosure firsthand, through someone who has been there before, may be a source of comfort for you.

FHA LoansDecember 20th, 2009

Author: admin

Home foreclosure can happen due to a number of circumstances. Sometimes homeowners are not able to pay their mortgage due to interest rates. With higher costs of living most of us barely can pay our bills. A lot people are facing this crisis. Fortunately the government has come up with a plan to help those who are in need and fell behind on their payments. Adjustable rates are a major problem with homeowners. Some of them have gone to higher levels that they can no longer afford.

Due to this problem the Federal Housing Administration has come up with a plan. To help homeowners with adjustable rates that they can no longer keep up with, the FHA has devised the FHA Secure Refinance Program. The new program offers assistance to those who are facing possible foreclosure due to high monthly payments. This new program allows homeowners to refinance their mortgages with adjustable rates. Homeowners can acquire a fixed rate FHA loan.

The new program also helps homeowners who were mislead by their mortgage lenders. Adjustable rate mortgages most often have teaser rates to lure customers. If the homeowner qualifies for the FHA loan program the funds will come from the mortgage lender. Since these lenders are referred by the government you will be sure to get a legitimate scam free deal.

Since the loan is offered by the government, it's not just safe but also allows homeowners to qualify even if they have poor credit. The program is not looking for a high credit score but a good profile. The government has focused on the homeowner's credit history instead of a credit score. If you're a homeowner that is concerned that the mortgage crisis will affect your qualification for a refinance with low credit score the program can help you.

To qualify for the program the homeowner should have non-FHA adjustable rate mortgage. They should have a history of paying their mortgages on time before the lender adjusted their ARM to a higher rate. The ARM rate will be reset between June 2005 and December 2009. They should have 3% cash or equity and have enough income for the new mortgage payment.

Homeowners should always keep in mind that the FHA is not lending them money; their debts are insured with a lender approved by the government. The new program may assist owners from losing their homes to home foreclosure but they are just a mere assistance for those with high ARM rates.

What is Non-Judicial Foreclosure?December 11th, 2009

Author: admin

Most lending institutions today prefer the process of a Non-Judicial Foreclosure since it doesn't have any complications or legal proceedings attached to it. Simply put, this kind of foreclosure is between both the lender and the borrower.

What is a non-judicial foreclosure?

Non-Judicial Foreclosure is a type of foreclosure without any court intervention. As defined above, this kind of foreclosure is simply between the lender and the borrower, or other persons with connections to the transaction like a mortgage broker or a financial adviser.

When the mortgage has reached its maturity date and the borrower has yet to fulfill the payment of the debt, then the lender will send a Notice of Default informing the borrower that the deadline for the said mortgage has elapsed.

If the borrower did not comply with the Notice of Default then the lender may now issue a Notice of Sale to the borrower, auction houses, and public notices that the property is now foreclosed and will be sold to the highest bidder, usually in cash equivalent.

Notice of Default

Once the borrower has failed to pay the debt within the said deadline then the lender will issue a Notice of Default to the debtor. The notice states that the recipient of the letter has not paid their dues in the stated deadline. The letter will also contain a small extension of the deadline for the debtor to pay the obligation.

If the payment is not made within the deadline stated in the notice, then the lender may issue a Notice of Sale to the borrower, the public, or to those connected to the transaction that the property is now foreclosed and is open to a public auction.

A Trustee Sale Guarantee will be requested by the trustee from a title company; the TSG will give assurance to the various liens and encumbrance against the property. The TSG will also contain the parties to receive the Notice of Default.

The 3-months Reinstatement Period

Before the Notice of Sale is issued to the borrower and to the concerned public, a reinstatement period of 3 months is stated by law for the borrower to reinstate the loan. During this period, the borrower may communicate directly with the lender to try to either extend the loan or to pay it in full to avoid a foreclosure.

Notice of Trustees Sale

During this 21-day publication period, a Notice of Trustees Sale will be issued indicating the place and time of the actual auction of the foreclosed property. The notice is usually published in the local newspapers or in public notice areas. The Trustees Sale will also contain information about the foreclosed property as anything in it that the trustees wishes to auction off to pay the debt.

After the 21-day period, the property is now eligible to be sold in public. The property will be auctioned off to the highest bidder. But 5 days prior to the date of sale, the borrower may reinstate the loan or postpone the sale if he or she deems it necessary.

Time Frame

It is important to know the time frame for the different processed of a non-judicial foreclosure; this will give you an important edge either in reinstating the loan or trying to catch up with the payment deadline.

The Notice of Default (NOD) will be issued once the maturity date of the loan is reached and the borrower did not pay any of the obligations owed. When the NOD is mailed off to the concerned parties, a 3-month reinstatement period is given as an opportunity for the borrower to renew the mortgage to avoid the foreclosure.

After the reinstatement period, a 21-day publication period of the Notice of Sale is sent of to the newspapers to inform the public of the auction time, date and place. The Trustees Sale will contain all the information of the said auction; this includes the time, place, information on the property and all other assets within it that is auctioned off.

After 5 days prior to the published sale date, the borrower will have another opportunity to reinstate the loan or pay off the remaining debt to avoid the foreclosure of the said property.