The process of Foreclosure is applied by a bank or housing finance which has commissioned a mortgage by keeping the temporary rights of a real property as security. It happens in earnest when the borrower fails to comply with the pre-contract terms, a situation known as default. The reason as to why the mortgagee seeks to foreclose must be clearly indicated in the terms of contract, otherwise this may be a futile exercise which can be reversed by law should the mortgagor file a lawsuit.

There are two major types of foreclosure in the U.S., Judicial and Non Judicial foreclosure. Though there are multiple types, we’ll look at these mostly applied versions.

Judicial foreclosure: – the name itself must speak volumes about this system of foreclosure. Yes, it involves the judiciary in that the overall overseer of the process is the court of law. The claimant who stands to be the mortgagee starts by seeking a lawsuit against the mortgagee in the event a breach has been exposed. They will the serve them with a notification of the foreclosure after which the plaintiff or the borrower will make any necessary counter measures. The real property sale is commissioned by a sheriff through an auction, whereby the proceedings will go towards paying for the mortgage capital or principal. Other costs are placed second and can be covered if the outcome is favorable. It should also be noted that the lender in their capacity as the claimant has the option to bid for the same property and can do so on credit terms.

Foreclosure is a situation in which a home owner fails to make principal and interest payments on their mortgage, so the mortgagee, either a bank of any other financial institution, can be able to repossess and sell the property according to the terms in the contract documents. The main reason for foreclosure is for the lender of the mortgage to recover the principal and cover for any other running costs. Normally, the borrower is deemed to have defaulted when they fail to commit an installment of the periodic payments within the stipulated time. There are other factors too that can be considered a breach of terms and can lead to a worse scenario for the mortgagor, alias borrower.

• In the event that during the agreement a deed of trust was presented in place of real property, the lender may evaluate exclusive details and if there is an irregularity, they should conduct an auction without the consent of a court. This type of foreclosure is known as non judicial or power-of-sale foreclosure.
• In the event that the property baited as security for the mortgage is being contested, like the real ownership is not clear, the lender has no more time and the only thing they can do is start the foreclosure process. The papers presented by the borrower during negotiations will be used in the sale and should there be any complains the borrower becomes liable.
• In the event that the property given as security has been re-valued and the lender realizes that without a shadow of doubt the principal is greater than the real value of the property, there are no chances to take. Foreclosure becomes the only option.

Foreclosure can be broken down to mean the process by which a mortgagee decides to terminate contract with a mortgagor following a default by the latter. It can be reached by seeking an order from the courts to take away property rights from the borrower or through a legal operation. At the beginning of a mortgage loan process, the borrower puts up real property as a security for the loan they need to secure. The valuation of the property given as security must reflect the amount given as a mortgage so in cases where the contract has been breached the lender will recover their costs.

The borrower can sometimes be protected by the equity court which delays the foreclosure by literally giving them a chance to redeem their property within a certain period of time, failure to which the lender will freely go ahead with the foreclosure. A breach may arise in payments irregularities, which is the most common, or after re-assessment of property worth, or an emergence of a tussle over the real ownership of property given as bait. The density of the default may be so enormous that the lender goes straight to court immediately or applies the power-of-sale foreclosure to avoid further complications which may result to huge losses.

Foreclosure process may be fast or may take a long time, depending on State regulations. There are options that have been adopted by home owners in recent times to avoid foreclosure or at least delay the process to allow for financial settling. They include filing for bankruptcy, refinancing, financing through other means, or making amicable arrangements with the mortgagee.

Process of judicial foreclosure
The process is said to be started when the mortgagee moves to a state court to sue a mortgagee for purportedly breaching the initial agreement. Once the final verdict has been passed in favor of the claimant, the way is officially open for the property to be sold by auction through a court appointed official. The official in charge warrants a deed to the tallest bidder, who may even include a bank or another financial institution which may opt to buy the debt.