Explain the process of foreclosure

Question

What will be an ideal response?

Answer 1

A person who owns a piece of real property has an ownership interest in that property. This interest is generally described in a writing known as a deed. A property owner who borrows money from a creditor may use this interest as collateral for repayment of the loan. This type of collateral arrangement, known as a mortgage, is a two-party transaction. The owner-debtor is the mortgagor, and the creditor is the mortgagee. If a mortgagor defaults on a mortgage, the mortgagee can declare the entire debt due and payable immediately. This right can be enforced through a procedure called foreclosure. All states permit foreclosure sales. Under this method, the debtor's default may trigger a legal court action for foreclosure. Any party having an interest in the property—including owners of the property and other mortgagees or lienholders—must be named as a defendant. If the mortgagee's case is successful, the court will issue a judgment that orders the real property to be sold at a judicial sale. The procedures for a foreclosure action and sale are mandated by state statute. Any surplus must be paid to the mortgagor. Most states permit foreclosure by power of sale, although this must be expressly conferred in the mortgage or deed of trust. Under a power of sale, the procedure for that sale is contained in the mortgage or deed of trust itself. No court action is necessary. Some states permit the mortgagee to bring a separate legal action to recover a deficiency from the mortgagor.