What Happens After a Writ of Execution of Foreclosure?

104 234

    Contact of Sheriff or Public Trustee

    • A formal Writ of Execution of Foreclosure tells a mortgage lender and its attorney that it has the right to proceed with the foreclosure process. Thus, once the judge issues the writ, the lender's attorney gets in touch with the sheriff or public trustee for your jurisdiction. The attorney asks that the sheriff or public trustee schedule a formal sale, or foreclosure, date for your home. Typically, lenders move forward fairly quickly with this step following the grant of a writ because even though they typically sincerely don't want you to lose your home, they also don't want to lose the money to which they are entitled.

    Notice of Sale

    • Once the sheriff or public trustee has arranged a foreclosure date for your property, he issues an official Notice of Sale and sends it to you. Getting this letter doesn't mean that you've lost your home. Rather, the letter explains that your lender is foreclosing on your house. It also indicates the date on which the lender intends to hold a sale for your home. The sheriff or public trustee always tries to find a foreclosure date that follows the foreclosure laws for the jurisdiction, is suitable to the court and meets the needs of the lender.

    Final Payment Opportunity

    • After you receive a Notice of Sale, the lender usually gives you an opportunity to come up with the money you owe on the mortgage, as well as money to cover the lender's legal and foreclosure administrative fees. In rare instances, a homeowner can actually do this, paying the mortgage lender and saving ownership of the house. More commonly, however, a person who is behind enough on mortgage payments to be in foreclosure cannot make good on the mortgage debt, particularly if the mortgage contract has an acceleration clause that stipulates that the note is due in full if the lender must pursue foreclosure.

    Sale of Home

    • After the redemption period in which you have the chance to bring your mortgage account current, the sheriff or public trustee oversees the foreclosure sale for your house. The home is sold to the highest bidder during the sale. If the buyer comes through with payment for the foreclosed home, he becomes the lawful owner of the property and you lose your legal right to the home, despite any mortgage payments you have made to the lender.

    Eviction

    • If your house is purchased in the foreclosure sale and the buyer's deal goes through with no flaws, you must move from the home. If you do not do this, the lender and the buyer have the right to evict you physically from the property.

Source...
Subscribe to our newsletter
Sign up here to get the latest news, updates and special offers delivered directly to your inbox.
You can unsubscribe at any time

Leave A Reply

Your email address will not be published.