Foreclosure is the procedure by which the debt of a mortgage is collected. It is applied in cases where there is a non-payment of the mortgage in three or more installments. The creditor entity has the possibility of executing the guarantee if the debtor has not responded to its contractual responsibilities, which may result in seizure and eviction.
Assumptions for the foreclosure to apply
Two assumptions must be clearly expressed in the mortgage deed to file a foreclosure:
- Appraisal for auction purposes.
- Determination of the debtor’s address and the non-debtor mortgagor’s address will be necessary for the notifications. The Civil Procedure Law establishes that neither the debtor nor the mortgagor can modify their designated domicile, except for the permitted exceptions and with the fulfillment of their corresponding requirements.
The creditor entity, usually a bank, has to first claim the debtor for the unpaid installments. If the latter persists in non-compliance, an extrajudicial complaint will be made detailing all the data related to the case and the notification of judgment for non-payment.
In this instance, the foreclosure procedure is initiated with a complaint in the Court. It is a process without contradiction since the oppositions, if they exist, will be presented later. The debtor is notified of the complaint, and the contract clauses are applied at the judge’s discretion. The most common is the property’s seizure and the auction’s start.
In this instance, the appraisal of costs and settlement of interest takes place. The latest amendment to the regulations reinforces the independence of appraisal companies from the interest of banking entities. Once the sale is made, and the home is adjudicated, the eviction of the debtors is carried out.
How Does Foreclosure Work In Virginia and Washington DC?
The debt to be collected will be unique and include the outstanding capital due and due until the end of the loan, plus the related interest. Lenders may foreclose on mortgages or deeds of trust that are in arrears in Virginia and DC through either a judicial or non-judicial process.
The legal process of foreclosure involves filing a lawsuit to get a court order to foreclose—it is used when a mortgage or deed of trust lacks the power of sale.
However, one of the options to avoid going foreclosure is to find companies that buy houses for cash and sell your house quickly. J Buys Casas is a real estate company that we would recommend you contract if you wish to sell your house without an agent and get a reasonable price.
Options to Avoid Foreclosure
There are different mechanisms by which a foreclosure can be stopped or avoided. The fundamental thing is to have the legal advice of a specialized lawyer and act in the shortest possible time.
In the exhaustive analysis of the mortgage contract, abusive clauses can be detected that will allow you to present opposition. These are reasons to declare the abusiveness and consequent nullity of the procedure.
In other cases, it is possible to renegotiate the form of payment with the creditor. That is, reaching out-of-court agreements with a debt deferral or another viable proposal. However, if there’s no room for renegotiation, you may have to find companies that buy houses for cash so that you can sell your house quickly.
In conclusion, knowing the horizon of foreclosure is essential to not losing your home. Remember to follow all the repayment schedules and check the conditions carefully to avoid future problems. In the case when you think foreclosure is on the horizon, one of your options is to contact us at J Buys Casas.