Welcome to Foreclosure Hell.com, a site dedicated to helping your through the hell that is foreclosure. Currently under construction, this site will soon feature the most comprehensive information for foreclosures and strategic defaults, organized in an easy to use format. Please check back often for updates and new information.
I AM IN FORECLOSURE, NOW WHAT?
The first step to understanding the foreclosure process is to know what type of foreclosure you are facing. Listed below are the two types of foreclosure most often faced by home owners today.
Judicial Foreclosure:
Foreclosure proceedings in which a mortgage lacks the power of sale clause. In such an instance, many states require the foreclosure to be processed through the state's courts. If the court confirms that the debt is in default, an auction is held for the sale of the property in order to acquire funds to repay the lender. This differs from non-judicial foreclosures, which are processed without court intervention.
Non-Judical Foreclosure:
Non-judicial foreclosures are processed without court intervention, with the requirements for the foreclosure established by state statutes. When a loan default occurs, the homeowner will be mailed a default letter, and in many states, a Notice of Default will be recorded at approximately the same time. If the homeowner does not cure the default, a Notice of Sale will be mailed to the homeowner, posted in public places, recorded at the county recorder's office, and published in area legal publications. After the legally required time period has expired, a public auction will be held, with the highest bidder becoming the owner of the property, subject to their receipt and recordation of the deed. Auctions of non-judicial foreclosures will generally require cash, or cash equivalent either at the sale, or very shortly thereafter.
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