Chattel Mortgage Form Foreclosure In Kings
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FAQ
In the Philippines, foreclosure proceedings are governed by several laws, including Act No. 3135, as amended by Act No. 4118, which specifically covers the foreclosure of real estate mortgages. This legal framework ensures that the rights of both the lender and borrower are protected during the foreclosure process.
Foreclosure starts from the time the lender records a Notice of Default and after 90 days, the Trustee may give Notice of Sale. The Notice of Sale must be given at least 20 days before the date of the sale.
In most states, lenders may pursue one or more remedies simultaneously. In New York, however, the “one action rule” prevents lenders from pursuing multiple actions simultaneously.
The new law does not disturb New York's six-year statute of limitations on mortgage foreclosure actions. It simply restores a common-sense principle: no party may unilaterally stop and restart the statute of limitations to revive what would otherwise be a time-barred action.
New York is a judicial foreclosure state, which means that the lender has to sue the borrower in order to enforce their rights under the mortgage and note. If the lender wins the lawsuit, it obtains a judgment from the court, which allows the lender to sell the property at an auction.
Unfortunately New York State does NOT have a right of redemption period post foreclosure sale. Once the property is sold at the public auction to the highest bidder, the original foreclosed owner has no right to satisfy the entire amount owed the lender.
action rule typically requires a lender to complete a judicial or nonjudicial foreclosure on the real property collateral before it can obtain a deficiency judgment against the borrower or take other action to collect against a borrower's assets.
– Notice of Default (NOD) –the first step in the foreclosure process is the recordation of the notice of default. After the NOD, the Trustee must wait three calendar months before giving a Notice of Trustee Sale on the property.