Know and understand the six key steps.
Fact checked by Rebecca McClay
When a borrower misses a certain number payments on their mortgage, the lender can begin the process of taking ownership of the property in order to sell it. This legal process, foreclosure, has six typical phases, but the exact procedure is subject to different laws in each state.
Key Takeaways
- Foreclosure is a legal proceeding that occurs when a borrower misses a certain number of payments.
- The lender moves forward with taking ownership of a home to recoup the money lent.
- Foreclosure has six typical phases: payment default, notice of default, notice of trustee’s sale, trustee’s sale, REO, and eviction.
- The exact foreclosure process is different depending on the state.
Phase 1: Payment Default
Mortgages often have a grace period of about 15 days. The exact length of that period is determined by the lender. If borrowers make a monthly payment during that grace period, after the payment due date, they will not be subject to a late fee.
A mortgage goes into default when the borrower is unable to make on-time payments or cannot uphold other terms of the loan.
Mortgage lenders typically begin foreclosure three to six months after the first monthly payment that you miss. You will likely receive a letter or phone call from your mortgage company after your first missed payment.
If you know you are going to miss a mortgage payment, reach out to your mortgage company proactively to discuss loss mitigation options. For example, you may be able to work out a forbearance plan with your mortgage company, which would allow you to temporarily pause making mortgage payments.
If you are worried about the possibility of foreclosure, you can contact a housing counselor. Housing counselors can help homeowners review their finances and evaluate their options to prevent the loss of their home.
Phase 2: Notice of Default
After the first 30 days of a missed mortgage payment, the loan is considered in default. You still have time to talk to your mortgage lender about potential options.
In the second phase of foreclosure, mortgage lenders will move forward with a notice of default. A notice of default is filed with a court and informs the borrower that they are in default. This notice usually includes information about the borrower and lender, as well as next steps the lender may take.
After your third missed payment, your lender can send a demand letter that states how much you owe. At this point, you have 30 days to bring your mortgage payments up-to-date.
Phase 3: Notice of Trustee’s Sale
As the foreclosure process moves forward, you will be contacted by your lender’s attorneys and begin to incur fees.
After your fourth missed payment, your lender’s attorneys may move forward with a foreclosure sale. You will receive a notice of the sale in accordance with state and local laws.
Phase 4: Trustee’s Sale
The amount of time between receiving the notice of trustee’s sale and actual sale will depend on state laws. That period may be as quick as two to three months.
The sale marks the official foreclosure of the property. Foreclosure may be conducted in a few different ways, depending on state law.
In a judicial foreclosure, the mortgage lender must file a suit in court. If the borrower cannot make their mortgage payments within 30 days, the property will be put up for auction by the local sheriff’s office or court.
During power of sale foreclosures, the lender is able to manage the auction process without the involvement of the local courts of sheriff’s office.
Strict foreclosures are allowed in some states when the amount you owe is more than the property value. In this case, the mortgage company files a suit against the homeowner and eventually takes ownership of the house.
You could potentially avoid the foreclosure process by opting for deed-in-lieu of foreclosure. In this scenario, you would relinquish ownership of your home to your lender. You might be able to avoid responsibility for the remainder of the mortgage and the consequences that come with foreclosure.
Phase 5: Real Estate Owned (REO)
Once the sale is conducted, the home will be purchased by the highest bidder at auction. Or it will become the lender’s property: real estate owned (REO).
Note
A property may become REO if the auction does not attract bids high enough to cover the amount of the mortgage. Lenders may then attempt to sell REO properties directly or with the help of a real estate agent.
Phase 6: Eviction
When a mortgage company successfully completes the foreclosure process, the occupants of the home are subject to eviction.
The length of time between the sale of a home and the move out date for the former homeowners varies depending on state law. In some states, you may have just a few days to move out. In others, the timeline for moving out after foreclosure could be months.
Keep in mind that you might have a redemption period after the sale. During this time, you have the possibility of reclaiming your home. You would need to make all outstanding mortgage payments and pay any fees that accrued during the foreclosure process.
The Bottom Line
Foreclosure is a legal process available to mortgage lenders when borrowers default on their loans. When you take out a mortgage, you are agreeing to a secured debt. Your home serves as collateral for the loan. If you cannot repay what you borrowed, your lender can begin the process to take possession of the home.
Understanding the different steps in foreclosure process and the options available to you can help you ultimately to avoid losing your home. If you are concerned about the possibility of a foreclosure, it is best to be proactive and communicate with your lender.