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Foreclosure is a legal process in which a lender attempts to recover the balance of loan from a borrower, who has stopped making payments to the lender.
The foreclosure process as applied to residential mortgage loans is a bank or other secured creditors selling or repossessing a parcel of real property after the owner has failed to comply with an agreement between the lender and borrower called a “mortgage” or “deed of trust”.
A home is often a most valuable possession of a family. Buying a house is very stressful and when you finally got a mortgage on the home you want, you never think that you’ll ever loose it. But you never know. Few choose to remain without their houses voluntary. Yet, if you miss your mortgage payments, you may lose your home through foreclosure.
Foreclosure is a process by which a party (bank, mortgage lender, etc.) who has loaned money secured by a mortgage or deed of trust on real property or is the owner of an unpaid judgementforces the sale of the property to recover principle balance due, plus unpaid interest and all costs associated with the foreclosure after the debtor fails to remedy the default on the loan.
Every three months, 250,000 new families enter into foreclosure;
One child in every classroom in America is at risk of losing his/her home because their parents are unable to pay their mortgage;
Buying a home is one of the biggest purchases a person or a family makes and it is also a difficult process. Not everyone has enough money on their accounts to buy a house, and this is when real estate mortgages come into play.
A mortgage is a loan made in exchange to the title of the borrower’s property. If not paid on time, the lender has the right to foreclose on the property and sell it to cover the loan. Mortgage lending is the primary source to finance private ownership of residential property. There are different types of mortgages, so let’s try to define each type of them.
A fixed rate mortgage is one that includes an interest rate that remains the same for the entire life of the loan. Fixed rate mortgages are the most popular and their biggest advantage is that the homeowner is able to budget their expenses. The opposite of this is an adjustable rate mortgage that includes fluctuating interest rate that varies over the life of the loan and it is adjusted according to a set formula.
In a recent article written by Karen Freifeld and Aruna Viswanatha entitled: New York to sue BofA, Wells Fargo over mortgage practices, is reported that The National Mortgage Settlement, the largest consumer financial protection settlement in United States history (see), was brokered between the banks and 49 state attorneys general.
New York Attorney General Eric Schneiderman said on Monday he intends to sue Bank of America and Wells Fargo for violating the terms of a settlement designed to end mortgage servicing abuses.
Last year top banks reached an agreement about providing $25 billion in relief to homeowners and comply with a set of servicing standards to make amends for foreclosure misconduct. But as it turns out, the obligations of the deal are not carried out as expected.
According to Eric Schneiderman, 339 violations of standards dictating the time-line for banks to process mortgage modification applications has been documented since October 2012. Wells Fargo allegedly violated the servicing rules 210 times, while Bank of America allegedly violated the terms 129 times.
Texas based Heritage Financial has spent millions of dollars amassing an inventory of nearly 40,000 second mortgage notes at a steep discount to their face value. The Company does not make loans but seeks to collect payments on loans that were originated by other lenders.
The problem is that many of the former homeowners from whom payments are being sought by Heritage Financial believed that their mortgage debt (including second mortgages) had been erased after their homes were taken away by banks and lending companies. The Company’s lawsuits against the former homeowners often accuse the defendants of misstating their incomes on loan applications.
Critics of the Heritage Financial accuse the Company of using its resources to bring legal action against former homeowners who do not have the resources to to fight and do not understand the details of California Law. Essentially Heritage Financial is extracting settlements from people who have very few options.