The Various Types Of Foreclosure Manhattan

By Kevin Rogers


Normally, when taking a loan or a mortgage, a lender may demand a collateral to act as the security for the loan. In mortgages, however, the property becomes the security for the loan. In the event that the borrower is unable to repay the mortgage, the lender takes ownership of the property to recover the debt. Actually, foreclosure Manhattan is possible if you default a loan or you are unable to sell the property via short sale to repay the debt.

Basically, foreclosures are different in each state, and it becomes important to understand the laws and processes regarding repossession. The differences are such as the notices that need to be mailed or posted, redemption duration as well as notices and scheduling with regard to auctioning the property.

Mortgage companies usually are aware of the short-term financial difficulties that homeowners may face. Nevertheless, it becomes very important to inform your lender as soon as you miss a repayment. The mortgage companies will generally initiate the repossession process three to six months into missing your payments. In many instances, the lender charges a late fee when a borrower gets late for between 10 to 15 days. Beyond 30 days, a borrower will be deemed as a defaulter thus accelerating the foreclosure process. Failing to call the lender as well as ignoring calls from lenders can result in the process commencing much earlier.

Usually, there are three types of foreclosures which can be initiated by the lender. These are the judicial, strict and power of sale foreclosures. Nevertheless, public notices must be issued and all parties notified about the proceedings in each case. On the other hand, once the property is sold through auctioning, families are allowed sometimes to get a new place or move out before an eviction.

All sates permit the judicial foreclosure but with some states having it as an obligation. In such occasions, the mortgage institutions will file legal suits with the court, which then presents a note to a borrower by mail that demands payment. To prevent a foreclosure, the borrower has to react within thirty days by means of a payment. With no payment made in the specified period, the property can be auctioned to be bought by the highest bidder.

The power of sale also referred to as the statutory foreclosure is allowable if a mortgage had provisions for the clause on power of sale. In the event of a default, lenders send notices addressed to a borrower putting demands for payment. Following the elapse of the stipulated duration, the lender instead of the court undertakes a public auction.

In the case of strict foreclosure, the lender files the lawsuit against the defaulted homeowner, and the borrower is allowed to repay the mortgage within a given timeline. If the borrower fails to repay the debt within the given timeline, the property goes back to the mortgage company. This type of repossession only happens if the debt amount is higher than the value of the property.

As a matter of fact, anyone can experience financial hardships. However, in New York, NY you can talk to your lender or housing counselor about the possible alternatives available in the case of missed payments. This way, you might stop the repossession process.




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