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Real Estate foreclosure listings - Foreclosures, Foreclosed homes, foreclosure listings, home foreclosures, preforeclosures, Hud, Bank, Va
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Real Estate foreclosure listings - Foreclosures, Foreclosed homes, foreclosure listings, home foreclosures, preforeclosures, Hud, Bank, Va
Common Foreclosure Terminology
Accelerate
An option given to lenders through an "acceleration"
clause in the mortgage or deed of trust requiring the borrower to pay the
entire balance of the loan all at once if their loan is in default.
Affidavit
A sworn statement in writing usually given while
under oath or in the presence of a notary.
Appraisal
The process in which a licensed or authorized person
gives an estimate of property value.
Appreciation
The difference between the increased value of the
property and the original value.
Assignment
The transfer of property to be held in trust or to
be used for the benefit of the creditors (lenders).
Bid
The offered amount for a property for sale at auction.
Certificate of Sale
A document given to the winning bidder at a foreclosure
sale stating their rights to the property once the borrowers redemption
period has expired.
Clear Title
A title that is not burdened with defects.
Credit Bid
A bid on behalf of the lender at a foreclosure sale.
The bid amount must be less than or equal to the balance of the loan in
default.
Decree
A judicial decision.
Deed
A signed document that transfers ownership of property
from one party to another.
Deed-in-lieu of Foreclosure
An instance where borrowers voluntarily convey their
rights in a property to the lender.
Deed of Trust
A three party security instrument conveying the legal
title to real property as security for the repayment of a loan. The three
parties included in a deed of trust are the borrower, lender and trustee.
Default
A mortgage or deed of trust is said to be in default
when the borrower fails to make the payments as agreed to in the original
promissory note.
Deficiency Judgment
A personal judgment against the borrower for the
remaining balance on the loan after a foreclosure sale.
Equitable Title
The present right to possession with the right to
acquire legal title once a preceding condition has been met.
Fair Market Value
The price a property would sell for on the open market.
Foreclosure
The forced sale of property pledged as security for
a debt that is in default.
Free & Clear
Ownership of property free of all indebtedness.
Judicial Foreclosure
A foreclosure that is processed by a court action.
Lien
A charge upon real or personal property for the satisfaction
of a debt.
Legal Description
A formal description of real property sufficient
to locate it by reference to government surveys or approved recorded maps.
Lender
A person who lends money for temporary use on condition of repayment with
interest (i.e., the bank, mortgage company, etc.).
Lis Pendens
A recorded notice of pending lawsuit.
Mortgage
A written pledge of property that is used as security for the repayment
of a loan.
Non-judicial Foreclosure
The non-judicial process of foreclosure is
used when a power of sale clause exists in a mortgage or deed of trust.
A "power of sale" clause is the clause in a deed of trust or mortgage, in
which the borrower pre-authorizes the sale of property to pay off the balance
on a loan in the event of the their default.
Notary
A public officer licensed by the state to
attest to and certify the validity of signatures of others. A notary is
often referred
to as a notary public.
Notice of Sale
A notice giving specific information about
the loan in default and the proceedings about to take place. This notice
must be recorded with the county where property is located and advertised
as stated in the security document or as dictated by state law.
Personal Property
Property other than real property consisting
of things temporary or movable.
Posting
To publish, announce or advertise by physically
attaching a notice to an object.
Postponement
Postponement means to put off to a later time. In the case of
a foreclosure sale, this is generally done by announcement at the original
sale or by posting notices establishing the new date and time the foreclosure
sale will take place.
Right of Redemption
A borrower's right to reacquire property lost
due to a foreclosure.
Request for Notice
A recorded document requiring a trustee send
a copy of a Notice of Default or Notice of Sale concerning a specific deed
of trust in foreclosure to the person who filed the document.
Subject To
The purchase of a property with an existing
lien against the title without assuming any personal liability for the liens
payment.
Title
The instrument that is evidence of a person's
right in real property (i.e., a deed).
Trustee
A neutral party who advertises the foreclosure
property for sale and conducts the auction to sell said property to the
highest bidder.
Trustee Sale
An auction of real property conducted by a
trustee. Also known as a Sheriff's Sale.
Upset Bid
A recorded bid placed after a foreclosure
sale has ended that is higher than the highest bid received at the actual
foreclosure sale.
Writ
An order or mandatory process in writing issued
in the name of a court or judicial officer commanding the person to whom
it is directed to perform or refrain from performing a specified act.