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Glossary Of Foreclosure Terms - Definitions Of Foreclosure Terms
The following is a list of some of the most commonly used terms relating to foreclosure real estate:
Bank Owned
The bank has title (ownership) to the property. The bank is the seller.
Foreclosure
A foreclosure is the process by which a lender, through court procedures, takes back a property on which the mortgagor has defaulted. The foreclosure process does not begin until the owner is 60 to 90 days behind in mortgage payments. Foreclosing on a property typically involves a forced sale of the foreclosed property, often by public auction. The foreclosure auction proceeds are then applied to the mortgage debt. The foreclosure process typically takes several months to complete and the procedure operates slightly differently in each state.
Pre Foreclosure
The term pre foreclosure usually refers to the time during the foreclosure process, but before the sheriff’s sale. Pre foreclosure is the procedure in which a lender allows a mortgagor to avoid foreclosure by selling the property for less than the outstanding balance of the loan. A Pre foreclosure can involve a deal between the homeowner, seller, and sometimes, the lender.
Forbearance
Forbearance is a postponement by the Bank (lender) of foreclosure to give the borrower time to catch up on late mortgage loan payments.
Short Sale
A short sale is a property sale where the proceeds fall short of what the owner still owes on the mortgage. With a short sale, the seller might ask the bank to take a 'short payoff' on the loan, whereby the bank accepts less than what was owed on the loan. Banks are in the business of lending money rather than owning properties, so will often accept a short sale. By accepting a short sale, the bank (or lender) can avoid a lengthy and costly foreclosure process. Circumstance for each case differs and the bank is not required to accept any short payoff.
Sheriff's Sale
A Sheriff's sale involves a public auction of a borrower's assets seized in a foreclosure order obtained from a court. A sheriff or other court officers carry out a Sheriff's Sale. Assets pledged as loan collateral and secured by attachments, liens, or mortgages may be sold at auction.
REO
Real Estate Owned (REO) refers to real estate owned by the lender through foreclosure (usually 'Bank owned')
Redemption Period
The redemption period is the time frame established by state laws during which a borrower may reclaim the title and possession of property from a foreclosure sale or tax sale by paying the sale price, interest and costs. (No all states have mortgage redemption laws.)
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Disclaimer: This real estate article does not give financial or legal advice. When buying or selling real estate, or taking out a mortgage/loan, or restructuring a mortgage/loan - ALWAYS seek proper legal and financial advice. See disclaimer below.