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Last Updated: Jun-16-2009

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Foreclosure Plaza Is Your Guide To Help You Avoid And Deal With Foreclosure

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  • East Valley city fights ranking as No. 1 foreclosure town ABC 15 Phoenix
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    House in Salinas California under foreclosure following the popping of the U.S. real estate bubble.

    Foreclosure is the legal and professional proceeding in which a mortgagee or other lienholder usually a lender obtains a court ordered termination of a mortgagors equitable right of redemption. Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists the lender cannot be sure that it can successfully repossess the property thus the lender seeks to foreclose the equitable right of redemption. Other lienholders can also foreclose the owners right of redemption for other debts such as for overdue taxes unpaid contractors bills or overdue HOA dues or assessments.

    The foreclosure process as applied to residential mortgage loans is a bank or other secured creditor 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". Commonly the violation of the mortgage is a default in payment of a promissory note secured by a lien on the property. When the process is complete the lender can sell the property and keep the proceeds to pay off its mortgage and any legal costs and it is typically said that "the lender has foreclosed its mortgage or lien". If the promissory note was made with a recourse clause then if the sale does not bring enough to pay the existing balance of principal and fees the mortgagee can file a claim for a deficiency judgement.

     

       

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