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

The Exclusive Agency Listing is regularly confused with the Exclusive Right to Sell Listing, but they are not the same. True: on both Listings, only 1 Broker or Agent has the right to sell ...

Value of agricultural land as determined by its ability to produce crops and livestock. ...

" A metal plate attached to the lower end of a door to prevent marring from people "kicking" the door in order to open it. A metal plate mounted on the open edge of a stairs platform." ...

Process determining an individual's financial ability to meet the terms of a loan. When selling real estate, the sales broker must qualify the buyer to make certain he/ she has the ...

A person who dies without a will and having unknown intentions regarding his estate. In such case, a court administrator is typically appointed to act as an executor in distributing any ...

Municipal ordinance stating the distance from a curb or property line where the building of a structure is prohibited. Also states the distances from a boundary line where construction is ...

Charges incurred in making a sale of real estate such as real estate commissions and attorney fees. ...

In general terms, a licensee means a person or legal entity who has received authorization or permission to perform a particular activity through another party (the licensor in our case.) ...

Also called all inclusive trust deed (AITD). A mortgage (trust deed) that encompasses existing mortgages and is subordinate to them. The existing mortgages stay on the property and the new ...

Popular Real Estate Questions