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Saturday, February 21, 2009
It has finally happened; you have qualified for a mortgage and now you own your home. Owning a home can be great, but it is now more important than ever to understand foreclosure and what some of the terms are related to foreclosure so you can hopefully avoid it.
Foreclosures can seem complicated since there are so many different terms associated with them. Real estate agents and loan officers might know these terms like the back of their hands, but to the rest of us, it would be easy to get confused when terms start to be 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.
If a borrower starts to fail to make payments on their mortgage, the lender might choose to accelerate the loan. This can be done because most of the mortgages these days have acceleration clauses in them. This is another term that is helpful to understand. Without an acceleration clause, a lien holder would have to wait until payments were due and then declare the payments were defaulted.
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.
The lender might be able to get a judge to allow them to take back pieces of the land equaling the amount you have failed to pay, but this is a tedious process. It is safer for them to have an acceleration clause so that they can demand the full payment of the loan. Obviously, most people won't be able to make the payment which then allows the lender to foreclose on the home because you owed them the entire amount of the home and didn't pay it.
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.
Foreclosures can seem complicated since there are so many different terms associated with them. Real estate agents and loan officers might know these terms like the back of their hands, but to the rest of us, it would be easy to get confused when terms start to be 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.
If a borrower starts to fail to make payments on their mortgage, the lender might choose to accelerate the loan. This can be done because most of the mortgages these days have acceleration clauses in them. This is another term that is helpful to understand. Without an acceleration clause, a lien holder would have to wait until payments were due and then declare the payments were defaulted.
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.
The lender might be able to get a judge to allow them to take back pieces of the land equaling the amount you have failed to pay, but this is a tedious process. It is safer for them to have an acceleration clause so that they can demand the full payment of the loan. Obviously, most people won't be able to make the payment which then allows the lender to foreclose on the home because you owed them the entire amount of the home and didn't pay it.
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.
About the Author:
Danny explains mortgages for people with bad credit and mortgage loans for people with bad credit.
posted by Credit Counseling at
11:01 PM
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