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Mortgage Foreclosure Sale

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A mortgage foreclosure sale is a sale in which a homeowner’s home is sold because it was foreclosed or repossessed because the loan was in default. Unfortunately, today many homes are being repossessed due to loans that are not being paid as promised at the time of loan closing. The state of the economy, rising interest rates and the high cost of homes are being attributed to the large number of homes that are winding up in a mortgage foreclosure sale.

When a mortgage goes into default, it’s because the borrower has not made their payments as required. The bank or lender will usually not start foreclosure proceedings until 3 consecutive payments have been missed. Even then, the bank usually will try to contact the lender to make some sort of payment arrangements or see what the problem is. A bank usually doesn’t want to have to deal with a mortgage foreclosure sale anymore than the borrower does. A mortgage foreclosure sale involves a lot of paperwork, time and legal costs. Banks also do not want a REO (Real Estate Owned) on their books, as they usually lose money as well. In addition, the borrower not only loses their home but will have a poor credit rating for a few years after they’ve lost a home to a mortgage foreclosure sale.

There are a couple different types of mortgage foreclosures, depending on your state of residence. A judicial foreclosure or foreclosure by judicial sale, although only required in certain states, is available in all the states. This type of mortgage foreclosure sale involves having the property sold under the supervision of a court. The proceeds of the sale will go to pay off the mortgage first, then to any other lien holder and then the borrower, if there’s any money left. In this type of foreclosure sale, all parties must be notified of the sale.

Another type of foreclosure is foreclosure by power of sale. This type will usually be specified on the mortgage documents. In this type, the mortgage holder (bank or lender) can sell the property without first going to court. It’s quicker than the judicial sale, but the money is distributed in the same manner.

Strict foreclosure is a type of mortgage foreclosure sale that is available in only a few states. The borrower has a legal suit brought against him demanding that the mortgage be paid within a certain amount of time. If the borrower fails to do this, the mortgage holder gets title to the property and can do whatever they want with it, with no obligation to sell if they choose not to sell. Strict foreclosure was the first and original type of mortgage foreclosure.


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Foreclosure 2nd Mortgage News

Firm Targets Calif. Homeowners With Foreclosed 2nd Mortgages - KGTV San Diego


abc7news.com

Firm Targets Calif. Homeowners With Foreclosed 2nd Mortgages
KGTV San Diego
SAN DIEGO -- Adding new uncertainty in the state's ongoing mortgage crisis, a Texas company is aggressively pursuing hundreds of Californians to collect second-mortgage debt -- on homes they've already lost through foreclosure.
Firm targets CA homeowners with foreclosed 2nd mortgagesabc7news.com

all 9 news articles »

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REAL ESTATE: Texas firm targets homeowners with foreclosed 2nd mortgages - Press-Enterprise


Press-Enterprise

REAL ESTATE: Texas firm targets homeowners with foreclosed 2nd mortgages
Press-Enterprise
Oscar was sued by Heritage Pacific Financial in an effort to keep a bankruptcy judge from discharging, or erasing, an $88000 second mortgage note against the house Trejo lost through foreclosure in 2008. Trejo won but HPF has appealed.
Texas firm targets Calif. homeowners with foreclosed 2nd mortgagesCalifornia Watch

all 5 news articles »

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Letter: Some law firms refuse settlements that can avoid foreclosure - TCPalm


Letter: Some law firms refuse settlements that can avoid foreclosure
TCPalm
Just when it seemed the foreclosure crisis was finally beginning to correct itself, a new form of fraud has emerged. It involves some of the law firms that represent second-mortgage holders. To the credit of many of the major banks that hold the first ...
Scottsdale, Arizona Short Sale Realtor / SpecialistRealEstateRama (press release)

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React & Act: What is second-mortgage debt? - California Watch


California Watch

React & Act: What is second-mortgage debt?
California Watch
Heritage Pacific Financial sued Trejo to keep a bankruptcy judge from erasing an $88000 second-mortgage note against a house Trejo lost through foreclosure in 2008. Trejo won, but the firm has appealed. To understand Rick Jurgens' article on the ...

and more »

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Foreclosure victims sued - ABC7 investigation - abc7.com


abc7.com

Foreclosure victims sued - ABC7 investigation
abc7.com
The company says California law allows them to collect on second mortgages where they can prove borrowers committed fraud. Several years ago with the housing market in panic, Heritage Pacific bought 40000 second mortgage notes on foreclosed homes in ...
Foreclosed? That May Not Be the End of ItPatch.com

all 2 news articles »

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Foreclosure inventory spikes; N.J. 2nd in U.S. - Dailyrecord.com


Foreclosure inventory spikes; N.J. 2nd in U.S.
Dailyrecord.com
New Jersey's percentage of home mortgage loans in foreclosure continues to rise, even as rates nationally have fallen to the lowest level since 2008, a report released Wednesday showed. New Jersey now has the second-highest percentage of mortgage loans ...

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Frustrated borrowers seeking mortgage help - MarketWatch


Frustrated borrowers seeking mortgage help
MarketWatch
What passes for mortgage re-modification is a travesty of an already broken financial system. —MS Lew: And lenders are just plain dumb to boot. In May 2010, by brother died. He had a first and a second mortgage with a single lender.

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STUDY: One In Three Homeowners Owes Bank More Than Home Is Worth - Huffington Post


Orange County Breeze

STUDY: One In Three Homeowners Owes Bank More Than Home Is Worth
Huffington Post
Whereas previous estimates rely on public record of home loans, Zillow partnered with credit rating agency TransUnion to get information about second mortgage loans and the portion of the loans that had been paid down, according to the Wall Street ...
Negative Equity More Widespread Than Previously Thought, Report SaysWall Street Journal (blog)

all 100 news articles »

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