It may seem simple enough to find out what to do if you have judicial foreclosure on your home, but there are actually quite a few things that need to be done. Foreclosure is a court procedure that happens when the owner of a property, usually the mortgage holder, can't get new terms for the loan with the lending institution. The bank will bring the borrower into court and have the foreclosure case tried by the judge. In most states the lender has to bring the home into the courthouse to show the default on the mortgage.
If the judge rules in favor of the bank, then the home will be given to them. But if it is found that the homeowner tried to save the home by making some changes to their mortgage contract, the court can then sell the home back to the homeowner. This process is known as foreclosure by entry and possession (EDP). If the home is not sold back to the lender, it is referred to as foreclosure by power of sale. This is essentially where the bank takes the home back through auction and pays the owner a predetermined amount of money in order to release them from the property.
If your home has gone through foreclosure through EDP and your lender has bought it back through auction, you have one more chance to save your home before the bank takes it. This is called the redemption period. This is an opportunity for you to either purchase back your home, hire an attorney, or both. This will depend on the type of foreclosure and the state that your home is in. Each state has a different statute of limitations for buying back homes.
A foreclosure attorney will help you figure out what to do in the event of a judicial foreclosure. They will be able to tell you what to do with the house after it has gone through this process. Most attorneys will not work on these types of cases, but there are others that specialize in these types of foreclosure proceedings. They are called real estate attorneys. If you are not familiar with this term, an attorney could also be described as a real estate broker.
To avoid having your home go through this process, you should take certain steps. First of all, you must try to sell the house as quickly as possible. Houses that are in foreclosure usually sell for lower prices than the market value. If you are not an expert at selling houses, you should use the services of an agent or realtor. They can help you find potential buyers. You can also offer to pay a certain amount to get the house sold faster.
In addition to trying to sell the house quickly, you should also try to set up a trust or an escrow account. Escrow accounts are used when there is a lot of dispute between the bank and the seller over the house, and a settlement is not going to help everyone involved. An attorney or realtor can set up the escrow account, so that the house will go to the buyer once the sale has been made through the judicial sale process.
Once the house goes into the sale process, it is important that you know what to do next. You will probably have to offer the owner some sort of payment plan. The payment plan will allow you to buy back the house from the bank. This will happen after the sale date has been reached, but you have to do something before the date of sale. You should call the bank and discuss the options available, such as extending the time period for the sale, or putting the house on the open market.
Another factor to consider is how you should deal with the bank after you have purchased a house through judicial foreclosure. If you purchased the house at the mortgage company's office, you are in the clear. However, if you attempted to purchase the property by personally walking into the bank, you may run into trouble. Because of the inherent problems with judicial foreclosures, it is a good idea to hire an attorney to help you deal with the bank. An attorney can explain the process to you and give you ideas on how to get out from under the debt accrued from the mortgage. It may be a wise decision to try to sell the house through a public auction instead of waiting until the final date for the foreclosure sale comes around.