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Saturday, February 21, 2009

The Truth About Foreclosure

By Danny Thomas

Foreclosure happens when a person fails to make payments whatever the reason may be on their mortgage. Foreclosure is what the lender, usually a bank or credit union, does to try to recoup some of their losses since payments haven't been made. The lender essentially takes back the home from the borrower.

Foreclosure is when the mortgage lender takes back ownership of the home you live in because you have defaulted on the loan. Default is a term that is usual to understand so you can make sure you never do it. If for any reason, you fail to make payments on time and in full according to the terms and conditions set forth in the mortgage, you are considered in default on the loan. When you default on the mortgage, you give power to the lien holder.

It would be helpful for people to understand a few terms associated with foreclosure. This will help us all feel more educated and more capable of carrying on a conversation about it when necessary. You will almost always hear the term lien holder when talking about foreclosure. Simply put, the lien holder is the bank, credit union, or financial institution that issued the mortgage. Technically, until you pay off the mortgage on a home, the lien holder has most of the power.

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.

In order to do this, there must be an acceleration clause written into your mortgage. Most lenders won't issue mortgages these days without an acceleration clause because it protects them. If they didn't have the ability to accelerate the loan, they could only seek to reclaim the amount you have failed to pay.

Default is a term used in the previous paragraph. It is a term that is pretty self explanatory, but it is still important to know what it means. When someone fails to make payment on their mortgage as the terms and guidelines state on the mortgage, the loan is considered to be defaulted on. If you default on a loan, you have not kept your contractual obligations and the lender can move forward with reclaiming the property as the terms of the mortgage stipulate.

Foreclosure can seem messy. But knowing some of the basic terms will help you understand it better and understanding just might help you avoid it.

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