Wednesday 15 April 2015

Foreclosures

Foreclosure is a term that is familiar to a person who has taken loan from a bank. Although, everyone is not familiar with all the details regarding the foreclosure procedure. Only a foreclosure lawyer can tell you the details regarding your loan agreement and how you can use it in your favour. Foreclosure is a process in which the person or institute that loaned you the money can auction the asset that you used as the collateral for the loan, in case you do not make the payment to the lender. But there are strategies which can help you to stop the auction and keep that asset. Generally, the person who takes the loan is obliged to pay interest on the loan amount. So if you have taken a loan from a bank, then you will have to pay that amount plus a simple interest amount. 

If you are unable to pay the set amount (that means you become the defaulter) then the bank takes the possession of the asset (also known as the guarantee for the loan) and can either hold a public auction to sell it or keep it with them and use them in the future. Foreclosure attorney help you out in this situation and help you to keep your asset with yourself. They can find the gaps and outs from the agreement that you signed at the time of taking the loan. You can also try to negotiate your payment amount ( less amount for a longer period of time) or pay high interest over a long period of time. 
Another option that you can opt for is returning the property that you have taken loan for. Before auctioning or seizing the asset, the lender has to send you a notice of default and maybe some extended time period that he is willing to offer to make the payment. 

After the notice period is over, the lender can choose to go through with the foreclosure. The lender can hold a public auction to sell the asset and the highest bidder gets the asset. In case there is no bidder then the lender can keep the asset with him and maybe auction it in future or use it himself. You have to vacate the property after you didn’t make the payment in the notice period. In case you do not vacate the property, then the lender can file a lawsuit against you. Anytime in this process of foreclosure you can pay off your loan and keep your asset. Foreclosure lawyers are there to help you in this process and help you to keep your asset because we know the value that asset.