Here is the process, summarized below:

  1. Miss a payment. Usually the borrower has a grace period of maybe 15 days before incurring a late fee.
  2. Miss a few payments, and the borrower should get a few calls and letters from the bank. If the borrower is inclined, the bank will try to work out a payment plan or some other solution to keep the loan out of non-performing status.
  3. Breach Letter – Lender sends a Breach Letter or Demand Letter stating that the borrower is in default.
  4. 90-Day Notice – Lender must send a 90-day notice, for primary residences, that foreclosure will begin in 90 days.
  5. Foreclosures – Lender files a complaint in court. Lender’s attorney must affirm that the complaint is accurate. Borrower is served with the complaint and a summons to respond in 20-30 days.
  6. Within 60 days of serving the complaint a settlement conference must be arranged to allow the borrow and lender to work out a solution to avoid foreclosure.
  7. If the borrower does not respond to the complaint the lender should receive a default judgment and win the case. If the borrower does respond, the lender will request a summary judgment.
  8. If the lender has prevailed in court, then they must publish a notice of sale for 4 weeks.
  9. Reinstatement – The borrower can pay what is owed any time before final judgment to reinstate the loan. The borrower may also reinstate the loan before the sale.
  10. The Foreclosure Sale – The property is sold to the highest bidder or becomes the bank’s property.
  11. Deficiency Judgments – If the borrower owes more than the property is worth, the lender can seek a deficiency judgment for the difference.
  12. Eviction – If the borrower does not vacate after the sale, the new owner can offer cash for keys, or evict. Eviction requires a 10-day notice.

Short Sales would occur prior to Foreclosure

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