Court allows lenders to restart foreclosures any time

That state court’s decision would likely have a different outcome in Michigan. On February 21, a New York Supreme Court judge (in New York, the "Supreme Court" is the trial level court, like the.

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The presence of a judicial foreclosure is the basis for evaluating a foreclosure by state. If your state institutes this policy and you subsequently foreclose on your home, your lender will engage in a lawsuit to formally terminate your mortgage.

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Generally, a bank that holds a mortgage lien on your home can foreclose on the mortgage at any time after you default on that loan. You are not technically in default until 30 days after you miss your payment, in most cases. Laws relating to foreclosure time lines vary, but in many states your lender can foreclose as soon as you go into default.

In New Hampshire, the lenders can also go to court in what is known as a judicial foreclosure proceeding where the court must issue a final judgment of foreclosure. If the mortgage does not contain the power of sale language, the lender must seek judicial foreclosure. The property is then sold as part of a publicly noticed sale.

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foreclosure by sale: "All liens and mortgages affecting real property may, on the written motion of any party to any suit relating thereto, be foreclosed (1) by a decree of sale instead of a strict foreclosure at the discretion of the court before which the foreclosure proceedings are pending,

(2) A judgment of foreclosure and sale shall not be entered until 20 days after the lis pendens has been filed. When I ask how a judgment of foreclosure and sale can be entered with the amount due still in dispute, I hear the Lender’s argument that the homeowners are just prolonging the action or a look of disdain with the court’s agreement.

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