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Saturday, February 21, 2009

The Truth About Foreclosure

By Danny Thomas

When a person has a mortgage on a home and can no longer make payments for one reason or another, often the result is foreclosure. Foreclosure is when the bank or company that offered the mortgage on the home takes the home away from the mortgage holder because of their inability to make payments.

For the average person who isn't a real estate agent or mortgage officer, foreclosures can be difficult to navigate and understand. There seems to be so many foreign terms associated with the concept that it can leave most of us feeling like we are in the dark. It is easy to get confused when foreclosure related terms are used.

Lien holder is another term important to understand as it relates to foreclosure. The lender, usually a bank or credit union, gives you money to finance your purchase of the home. This means there is a lien on the home. In truth, the lien holder has the power to take back the home, or foreclose on it, if you don't keep your contractual obligations.

Acceleration or acceleration clause is also an important term to know. Most mortgage terms contain an acceleration clause these days. This is what allows the lien holder to declare the entire amount of the home as debt owed and not just the amount you have defaulted on paying.

If you are behind on payments, and there is an acceleration clause in your mortgage, the lien holder can decide to accelerate your mortgage and require you pay the full amount or the home will be foreclosed. If there weren't an acceleration clause, technically if you failed to make payments, the mortgage holder could really only hold you accountable for what you haven't paid, not the full amount you owe on the home. They would have to wait until payments became due.

Default is another term often associated with foreclosure. Default refers to the lack of payments on time and in full to the mortgage. This means that the borrower failed to stick to the terms and conditions of the loan and therefore defaulted on their payments and the loan. Default often leads to foreclosure of the home.

Even though foreclosure can seem like a tedious concept to understand, knowing these terms will help you navigate your way through and hopefully even avoid foreclosure. Understanding the terms will help you be able to communicate better with your lien holder so you feel like you are not left in the dark.

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