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Commonly Asked Questions about Mortgage Foreclosure Forms

Follow these simple steps to foreclose your home loan Inform the lender. Lenders have hundreds of loans running simultaneously. Get all the paperwork in order. Assessment of payments. Get a NOC. Remove Lien on the property. Retrieve security cheques. Get a New Encumbrance Certificate (EC) Retrieve the documents.
The new law amends New Yorks election of remedies law to provide that once a foreclosure action is barred by the statute of limitations, a loan owner or servicer is prohibited from bringing any other action to recover the same part of the mortgage debt, including both another foreclosure action and an action to
What is commonly called a foreclosure is a lawsuit that the mortgage holder files against a homeowner in the supreme court where the property is located.
Lender asks court for a judgment on default and to appoint a Referee to decide the amount you owe and write a report. Lender asks court to accept the Referees findings. Judge orders sale of your home. Lender and Referee choose date for auction at the courthouse.
Upon a judgment of foreclosure and sale, the new owner can seek to evict you from the property. If the home is resold for more than what you owe, you have a right to file an application with the court for the surplus funds, subject to certain deadlines.
Judicial foreclosure refers to foreclosure proceedings that take place through the court system. This type of foreclosure process often occurs when a mortgage note lacks a power of sale clause, which would legally authorize the mortgage lender to sell the property if a default occurred.
California is a Non-Judicial Foreclosure State Its a 3-step process, starting off with a Notice of Default, then a Notice of Sale and ending with an auction sale. There is a 4th step after the auction sale for residential properties (1-4 units).
Most mortgages have a power of sale clause, so lenders can foreclose without going to court (non-judicial). These are the most common type of foreclosures in California.