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Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.. Formally, a mortgage lender (mortgagee), or other lienholder, obtains a termination of a mortgage borrower (mortgagor)’s equitable right of redemption, either by court.
A debtor could find that despite filing for bankruptcy the foreclosure proceedings remain unaffected because of Section 305. Section 305 allows a bankruptcy court after a notice and hearing to dismiss a case or suspend all proceedings at any time if the interests of creditors and the debtor would be better served by such dismissal.
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Generally, after the court orders the sale of your home, it will be auctioned off to the highest bidder. Judicial foreclosures are rare in California. A judicial foreclosure allows the lender to get a deficiency judgment against the borrower. BUT the homeowner has the "right of redemption," which allows him or her to buy the home back from.
If lenders do not modify these practices, a discerning court to a second foreclosure action might hold that when a lender accelerated its note and mortgage in or before the first foreclosure complaint, did not take sufficient steps to decelerate, and did not allege a factually valid subsequent default, a.
· The ruling allows lenders to reset the clock on the state’s five-year statute of limitations. The court’s ruling applies to thousands of foreclosures in Miami and Fort Lauderdale. A lender may commence multiple foreclosure actions against a homeowner within 5-years.
Miami-Dade Judge Rules Retroactive Provision in Florida’s Foreclosure Law is Unconstitutional Judge David Miller’s wrote that the specific application of the Florida Fair Foreclosure Act-a 2013.