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Simple English definitions for legal terms

foreclosure

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A quick definition of foreclosure:

Foreclosure is a legal process used by mortgage lenders to take back property from borrowers who have not been able to make their mortgage payments. When a borrower falls behind on their payments, they enter default and start to accumulate fees and charges. Mortgage lenders can negotiate with borrowers to adjust the terms of the mortgage or allow them to sell the property, but if they cannot come to an agreement, the lender can foreclose on the property. There are two types of foreclosure: judicial, which requires a court order, and non-judicial, which does not. The process can take several months, and in some states, borrowers have a right of redemption that allows them to get back their foreclosed property by paying the unpaid balance of their mortgage.

A more thorough explanation:

Foreclosure is a legal process used by mortgage-holders to take mortgaged property from borrowers who default on their mortgages. When a borrower falls behind on mortgage payments, they enter default and start to accumulate late fees, legal fees, and other charges that are added to their outstanding debt. Mortgagees can negotiate with borrowers to adjust the terms of the mortgage, refinance, allow the borrower to sell the property, or allow the borrower to make up for missed payments. However, if negotiations fail, mortgagees can foreclose on the property.

There are two types of foreclosure: judicial and non-judicial. Judicial foreclosures require a court order, while non-judicial foreclosures do not. Non-judicial foreclosures may only be used where the mortgage has a power-of-sale clause, which most often appears in deeds of trust. Acceleration clauses are also included in most mortgages, which require borrowers to pay the rest of the loan immediately if they fall far enough behind in their payments.

Lenders frequently bundle groups of mortgages into mortgage-backed securities and sell shares of the securities to investors. As a result, some mortgages have many owners, making it difficult for borrowers to modify the terms of their mortgage. Similarly, mortgagees might have trouble proving that they own a mortgage they want to foreclose on.

Most states require mortgagees to sell foreclosed property at public auction. If the property does not sell at auction, the mortgagee keeps it and later resells it in a normal real estate sale. State laws vary regarding what happens if foreclosed property sells for less than the borrower's unpaid debt. In some states, borrowers are liable for the difference, while in others, they are not. If the property sells for more than the borrower's unpaid debt, the borrower gets the difference.

In some states, borrowers have a right of redemption that allows them to get back foreclosed property. If the original mortgagee owns the property, borrowers may exercise the right by paying the bank the unpaid balance of their mortgage. If the property was already resold at auction, borrowers must pay the purchaser whatever they paid for it. Rights of redemption only last for a limited time, which varies by state.

Once mortgagees begin the foreclosure process, it may take them six months or more to get clear title to the mortgaged land, depending on the state, foreclosure type, and type of mortgage.

forcible transfer | foreclosure sale

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KnowledgeableRitzyWasp
22:34
kfc or popeyes
KnowledgeableRitzyWasp
22:34
or korean with gochujang
KnowledgeableRitzyWasp
22:35
i might order some gochujang sauce on amazon and cook some air fried chicken breast filets, they’re really good
KnowledgeableRitzyWasp
22:35
just letting you guys know :)
0:14
Where I can find the definition of the false-endowment?
11:14
@Mohammed: False-endowment?
12:05
guys, im making a public speaking with the topic of personal choice in nuisance. Can you give me what to talk about
babybunny
12:47
what does this mean? you get to pick a topic but it has to be about nuisances?
13:16
Yeah I also don’t know what this means ngl
Obtainingdreams
14:58
Do you think you can use being on the Harvard Wl to ask for more money? Like say you'll withdraw if they give you more?
16:14
@Obtainingdreams: Unlikely
16:19
If 1 in 10 Harvard waitlistees in their class of 2027 get into HLS (average A % off the HLS waitlist), the school is better served by offering that student more $ than offering the other 9 in 10 more $ than they have to and the one that gets into HLS less than they need to
what do you guys think about the HLS WL? DO you think they're gonna give out a decent amount of A's still?
17:15
no
[] ararara
17:38
Thanks JB 🦸‍♀️! For everybody out there stressing law school decisions, hang in there!
What do people think about ND
18:42
@NaughtyTeenyWeenyPebble: Looking at last cycle's stats, 16 people logged the date of their HLS waitlist offer and 6 of those were made by 5/19 (the other 10 came later). It's a small sample, and every cycle is different, but it's entirely possible more WL offers are coming
babybunny
18:52
ban me again, for old times’ sake? 😘
I deposited at Columbia but I just want to know if I should start looking for apartments or if I'm going to get an offer from harvard. so stressful
KnowledgeableRitzyWasp
20:02
you kind of have to be ready to drop everything for harvard while going forward with apartments for columbia
20:50
Is it worth writing a second LOCI for HLS?
KnowledgeableRitzyWasp
21:06
you want to write an loci about once a month
[] abbas24
22:33
best tips for studying for Lsat and Applications going into senior year? feel like im so behind but know thats just my mind
[] abbas24
22:34
also tips while having a lower than outstanding gpa? My records show great progression though
22:47
1. Spend the time on the LSAT early, if you can hit your target score this summer it will free up lots of time for essays etc. later when things are busy
22:50
2. Depending on the schools you're looking at, being at/above LSAT median can be enough. The higher you can get your GPA, the better, but half the class is going to be at/below each median - that's how medians work
22:52
If you're above a median (particularly LSAT median) and the other stat isn't way below, numbers alone won't keep you out. Past that point, softs/essays/recs are what gets you in.
22:54
YMMV, it will matter what "lower than outstanding" means (3.7? 3.3?)
22:59
And what schools you're thinking of
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