Judgment Foreclosing Mortgage and Ordering Sale

State:
Multi-State
Control #:
US-02647BG
Format:
Word; 
Rich Text
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Description Mortgage Ordering

A judicial foreclosure is one which results from a court action rather than from the power of sale given to a trustee. Judicial foreclosures occur when a trust deed or mortgage deed does not have a power of sale clause, thus compelling the lender to take the borrower to court. This is in contrast to a non-judicial foreclosure, in which a foreclosure can be completed outside the court system.
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Judgment Mortgage Other Form Names

Judgment Foreclosing Sale   Judgment Sale   Foreclosing Sale   Judgment Ordering   Sale Property Title   Sale Court Property   Judgment Sale Purchase  

Judgment Sale Online FAQ

Phase 1: Payment Default. Phase 2: Notice of Default. Phase 3: Notice of Trustee's Sale. Phase 4: Trustee's Sale. Phase 5: Real Estate Owned (REO) Phase 6: Eviction. The Bottom Line.

When a junior mortgage holder has been sold-out in a first-mortgage foreclosure, that junior mortgage holder usually can, depending on state law, sue you personally on the promissory note to recover the money it loaned you.

When a junior lienholder forecloses, a senior lienholder recovers nothing from the sale proceeds. But the senior lien remains intact and the foreclosure buyer takes title to the property subject to the senior lien.

Yes, a second mortgage holder can foreclose, even if you are current on your first mortgage.After taking care of expenses, the mortgages will be paid off in order of priority; until the first mortgage is fully paid off, the second mortgage holder will not receive any funds.

If a foreclosure sale results in excess proceeds, the lender doesn't get to keep that money. The lender is entitled to an amount that's sufficient to pay off the outstanding balance of the loan plus the costs associated with the foreclosure and salebut no more.

You get behind in your mortgage payments. The bank sends a letter notifying you of its intent to begin foreclosure. The bank files a lawsuit. The bank gives you notice of the lawsuit. You have a chance to respond.

Following a first-mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished and the liens are removed from the property title. But the second-mortgage debt and creditor's judgment remain, even though they're no longer attached to the foreclosed property.

Following a first-mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished and the liens are removed from the property title. But the second-mortgage debt and creditor's judgment remain, even though they're no longer attached to the foreclosed property.

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Judgment Foreclosing Mortgage and Ordering Sale