When financial hardship has reached the point of foreclosure, many individuals find it difficult to fight against what they believe is inevitable. It is quite common for individuals that are facing foreclosure to be extremely frustrated, depressed or even scared. Not knowing what rights they have during the foreclosure process may only add to their confusion and fear. Fortunately, even in foreclosure, homeowners have options, and staying in their home for the duration of the foreclosure process is one of the.
The most common method of foreclosure on a home is through a judicial sale. This remedy is offered in every state and is used to satisfy the mortgage, then lienholders, and, finally, the previous homeowner. Since the process of judicial sale is a legal action, all individuals involved must be notified. The decision to enter into a foreclosure by judicial sale is that made after a short trial.
Considering it takes many lenders up to six months of missed mortgage payments before starting the foreclosure process, the entire process can take anywhere from six months to over a year. Homeowners may remain in their home until after the sale.
Each state has their own set of laws regarding how long after a foreclosure sale the previous homeowners can stay in the home. However, during the foreclosure process, every state offers homeowners the right to remain in the home. After the foreclosure auction, the property essentially belongs to the new owner and, while they may want to take occupancy of their new home, they cannot simply kick the old owners out onto the street. There are legal remedies the new homeowners must first take to assume occupancy.
Facing foreclosure is an extremely scary experience. However, it is one that has many remedies. By working with an experienced attorney, homeownersmay be able to work with their lenders to reaffirm their mortgage and make other important decisions about their long-term financial future.