Civil Foreclosure

A foreclosure by judicial sale, in some cases called a civil foreclosure, is a process that is used for a lender to take ownership of a home due to nonpayment. After a mortgagee has missed a payment, the lender will generally wait at least month, accruing late fees as the mortgagee continues on the path to default. At some point, if the mortgagee doesn't fulfill arrears, they will be issued a notice of default, a written document officially stating the current arrears and forthcoming foreclosure. In a foreclosure by judicial sale, the case will be taken to civil foreclosure court, where a judgment will be made regarding the default. If the default is granted in civil court but not paid, the lender can then proceed with foreclosure after completing steps regarding the writ of execution and lien. Under court supervision, the sale of the home will be made, with the proceeds being properly apportioned to the parties involved.

Fast Facts

  • 250,000 families begin foreclosure every three months
  • Cases that are taken to foreclosure court may require a lawyer
  • a writ of execution enforces the judgment (for sale) granted in court

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Search Results for "civil foreclosure"

Articles

Results 1-5 of 91 for "civil foreclosure"

  • Florida Law on Foreclosure Relief Scams

    Through the combined efforts of the Attorney General and the state legislature, Florida was one of the first s...
    • Site: foreclosurelawfirms.com
  • Foreclosure Scams and the Law

    Across the United States, during the past two years our difficult economic times have caused federal, state an...
    • Site: foreclosurelawfirms.com
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  • Real Estate Foreclosure Law

    Unfortunately for many Americans, the need to familiarize themselves with current real estate foreclosure law ...
    • Site: lawfirms.com
  • Most Effective Defenses to Foreclosure

    Throughout the U.S., many homeowners have successfully challenged foreclosure actions by going to court and of...
    • Site: foreclosurelawfirms.com
  • Truth in Lending Act (TILA) Violations

    The TILA favors consumers.  Any lender or creditor who does not comply with the TILA will be held liable to th...
    • Site: foreclosurelawfirms.com

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