Definition of "Foreclosure"

Melissa Mollay-Broxson real estate agent

Written by

Melissa Mollay-Broxsonelite badge icon

Silver Creek Realty Group

Before getting a loan to buy a property, you must know the definition of foreclosure.

A foreclosure is the process of making a loan due immediately. Technically, a loan becomes due way sooner than initially specified in the Amortization Schedule because the borrower (the mortgagor) didn’t respect the terms of the mortgage contract. But more words are needed to fully cover the definition of a foreclosure.

Other factors that lead to foreclosure are the so-called 5 Ds - death, disease, divorce, drugs, denial (refusal to admit that the current lifestyle is jeopardizing mortgage payments). However, foreclosures usually occur because the borrower missed three to six payments, and cannot bring the loan current. When a loan was used to buy a property, during a foreclosure, the borrower loses the right to sell the property.

After a certain number of missed payments, the mortgagor gets a Notice of Default (NOD). In some states, this is prominently placed on the property. After the NOD, the debtor is given another period of time, usually 90 days, to reinstate the loan (reinstatement period). Lenders tend to be very patient and understanding, especially if the persons affected disclose and discuss any kind of financial problems that caused the late or missed payments.

If the borrower fails to find a solution to the missed payments and cannot refinance the loan with a Foreclosure Bailout Loan during the reinstatement period, then the bank will make the property available at public auction. The person with the highest bid will win the auction. If there is no winner, or if nobody is interested in buying that property at a real estate auction, then the house becomes the property of the lender or Real Estate Owned (REO). The borrower can still live in the house until a buyer is found.

Banks work with real estate brokers or REO Asset Managers to recover their money and interest. But REO are not very attractive because in most cases they are worth less than the total amount owed to the bank.

Eviction is the last phase of foreclosure. The borrower is given a few days to move from the bank’s house. The local police may supervise the eviction as well.

Foreclosures significantly affects the credit score: the higher your credit score, the more it will bite out of it. Actually, it is worst than a short sale (selling a house for less than the mortgagor owes the bank).

In the US, the foreclosure rate has dropped 76% since 2010, when 2.9 million properties had foreclosure filings, to 676,535 properties in 2017. New Jersey is the state with the highest foreclosure rate, followed by Delaware, Maryland, Illinois, and Connecticut.




image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

Right of an individual to be offered something before it is offered to others. For example, a tenant whose apartment is going to be converted to a cooperative has the first right of ...

The fire insurance term is a policy used in property insurance that ensures any damage or loss that was a result of a fire. Most affordable home insurances cover fire insurance but other ...

Mortgage for an extended time period (e.g., 25 years) Type of real estate investment trust (REIT) that gives long-term mortgages to real estate developers and contractors on new or ...

Early American frontier-style house constructed of logs. Since finished lumber was not readily available during the early frontier period of American history, homes were often fashioned out ...

Contract to act on the behalf of a principal in selling real estate. The principal agrees to pay a commission to the broker when a buyer is produced who is ready, willing, and able to meet ...

The meaning of commercial acre in the United States defines the remaining part of an acre of a newly divided land once curbs, streets, and boardwalks have been separated from the original ...

Created by law usually for the right to travel to landlocked parcel of land ...

Siding made out of aluminum, plastic derivates, or cement asbestos having ridges and valleys which is attached to the sides of buildings. ...

(1) Paved roadway constructed above lowlands such as a swamp. (2) Roadway in ancient Egypt connecting the valley temple with a pyramid. ...

Popular Real Estate Questions