The Foreclosure Process

The Foreclosure Process

Generally aren’t viewed as in default until their payments are 30 or 60 days late.
The lender sends the borrower a notice of intent to foreclose, usually by certified or registered mail. This makes it clear that the loan is in default and that the lender may foreclose it the situation isn’t resolved. The notice outlines the ways to resolve the problem mainly curing the default by paying the amount due plus interest and fees, which is clearly stated in the notice. The notice generally also includes information on any state-allowed alternative remedies, such as consulting an assistance agency or enlisting the help of a credit counselor.
Next the lender files a complaint of foreclosure or a motion to foreclose at the local county courthouse. This is when investors may first become aware of the foreclosure usually by researching the courthouses or subscribing to reporting services. This document includes information such as the property address, home owner’s names, loan amount, lender, and other pertinent information such as the property address, home owners’ names, loan amount, lender, and other pertinent details.
Obviously, anyone who has a claim or lien on the property will want to know that it’s at risk of being foreclosed. The lender’s attorney does a title search to identify any interested parties, and then sends them a warning notice, which is legally recorded as the lis pendens.
The lis pendens is served as a summons by the court. This is often viewed as the first official court-related step in foreclosure proceedings. At this point, the homeowner can no longer deny there’s a problem. They can, if they are able, pay off the amount in arrears.
The lis pendens states that a suit has been initiated by the plaintiff against the defendant involving a particular contract and that relief is sought in the form of foreclosure against the property that has been pledged as security for the debt.
In addition the lis pendens usually states the following
That a default has occurred
A declaration by the plaintiff of the full amount due and payable
The principal amount due, plus expenses
Any expenses paid by the plainfiff to pursue the debe.
Those other plaintiffs may have a claim to the property.
That the plaintiff seeks a judgment to foreclose the mortgage.

__________________