Sentences with phrase «judicial foreclosures»

The state uses judicial foreclosures rather than the speedier option, non-judicial foreclosures.

For most judicial foreclosures, the next step for the homeowner is receiving a foreclosure summons and complaint.

States with judicial foreclosures tend to be a bit higher, and California (and most west coast states) tend to be a bit lower.

Represented clients in the acquisition and sale of real property, property financing, refinancing and private and judicial foreclosures

She has also represented financial institutions in matters dealing with commercial loan defaults, judicial foreclosures, and lender liability.

Adam's prior experience includes commercial litigation involving breach of contract, judicial foreclosures, fraudulent transfers, business torts, and domestication and enforcement of judgments.

Due to judicial foreclosures occurring in several states, longer liquidation times are now becoming the norm and investors may no longer be able to find short sales to invest in.

While non-judicial foreclosure is the norm in Idaho, there are also judicial foreclosures when the property exceeds 40 acres or the deed of trust doesn't allow foreclosure without a court order.

For one, states can allow judicial foreclosure, non-judicial foreclosure, or trustee sales when homeowners default on their mortgages.

Homebuyers in the state will likely get a deed of trust which allows lenders to bypass a judicial foreclosure and instead initiate a «power of sale» foreclosure by simply hiring a third party to auction the home.

The first is a judicial foreclosure, which involves the mortgage lender filing suit with the judicial system.

But in this case, the mortgage company can carry out an auction of the property rather than having the sheriff's office or local courts do it, which is what distinguishes it from a judicial foreclosure.

For one, states can allow judicial foreclosure, non-judicial foreclosure, or trustee sales when homeowners default on their mortgages.

Power of sale foreclosure can occur much more quickly than judicial foreclosure because the trustee vested with the power of sale does not need court oversight to sell the property.

You are not liable for the deficiency in a non-judicial foreclosure, but you may be liable for the deficiency in a judicial foreclosure.

You are not liable for the deficiency in judicial foreclosure for property with four units or less, seller - financed loans, or refinances of purchase - money mortgages executed after January 1, 2013.

You are not liable for the deficiency in non-judicial foreclosure or in judicial foreclosure on property with four or less units as long as you or a direct family member lives in one of the units.

Although Arizona allows both judicial foreclosure and power of sale foreclosure, power of sale is the most common.

In a judicial foreclosure, you are liable but the jury will determine the fair - market value of your home and you will have to pay the difference between that and the foreclosure price.

A judicial foreclosure is processed through the courts; some states require lenders to use this process.

In a foreclosure sale, the bank will either conduct a private sale or go to the court and do a judicial foreclosure, without your involvement.

You are liable for the deficiency in a judicial foreclosure.

You are liable for the deficiency for a judicial foreclosure.

The Trustee has the power of sale thus bypassing a judicial foreclosure process.

In a judicial foreclosure, the bank or lender must go through the courts before they can foreclose on the home.

Generally speaking, states that use mortgages have a judicial foreclosure process, and the states that use deeds have a non-judicial process.

A foreclosure sale under a Deed of Trust does not have to follow the same procedures as a judicial foreclosure, which requires stricter parameters and a higher level of accountability; no judicial supervision is required for a foreclosure sale under a Deed of Trust in most states.

Successfully represented lender in chapter 11 bankruptcy estate to enforce creditor's rights regarding whether the automatic stay tolls the right of redemption subsequent to a judicial foreclosure.

He has represented special servicers appointed under securitized real estate loan transactions in judicial foreclosure actions, in post-default loan modifications / forbearance agreements, and in numerous single and multiple asset Chapter 11 bankruptcy cases.

A judgment of judicial foreclosure may be preferred by a credit in favor of a foreclosure of a mortgage or deed of trust to secure a «deficiency judgment» for any amount still owed by the debtor after the foreclosure sale.

New Jersey is considered a judicial foreclosure state, which means lenders have to file with the court to initiate foreclosure proceedings.

A foreclosure that results from a court action is a judicial foreclosure.

Not only do I anticipate interest rates rising in the near term, but distressed properties will continue to be a significant force in Connecticut and New York since both are judicial foreclosure states and the timing for the foreclosure process is measured in years.

Next students will go over taxation, with property taxes, other taxes, impact of taxation on financing arrangement, followed by foreclosure, a definition of foreclosure, loan default, judicial foreclosure, strict foreclosure, foreclosure by power of sale, and alternatives and remedies for foreclosure.

The lender filed a notice of default on the borrower and was in the process of a judicial foreclosure.

According to the California Association of Realtors, a deficiency judgment can be filed regarding a hard - money loan if the lender forecloses under a judicial foreclosure versus a trustee sale, or if the second loan is a hard money loan and the sales takes place as a trustee's sale.

Yesterday, Florida's foreclosure situation hit the national news again, as NPR picked up WUSF reporter Robin Sussingham's story, «Foreclosure Process Hammers Florida's Housing Market,» where the impact of Florida's judical process — and our state's judicial foreclosure system — is considered as a contributing factor to Florida having the highest foreclosure rate in the nation, -LSB-...]

Upset price - A minimum price set by a court in a judicial foreclosure, below which the property may not be sold by a court appointed commissioner at public auction; the minimum price which can be accepted for the property after the court has had the property appraised.

In a judicial foreclosure, you'll receive a Notice of Hearing to appear in court.

Technically, a sherriff's (trustee's) sale is not a «foreclosure» but the term has been used for both a trustee's sale as well as a judicial foreclosure.

Generally speaking, states that use mortgages have a judicial foreclosure process, and the states that use deeds have a non-judicial process.

Judicial foreclosure action is a proceeding in which a mortgagee, a trustee or another lienholder on property requests a court - supervised sale of the property to cover the unpaid balance of a delinquent debt.

There are two types of «foreclosures» available to a lender: a trustee's (sherriff's) sale and a judicial foreclosure.

When a deficiency judgment is permitted, the lender may obtain one only following a judicial foreclosure, or when the security has become valueless (such as when security for a second trust deed loan is wiped out when the first trust deed lender completes its foreclosure).

In a judicial foreclosure, the bank or lender must go through the courts before they can foreclose on the home.

Under those circumstances, a lender would opt for a sherriff's (trustee's) sale foreclosure which is quicker and less expensive than a judicial foreclosure.

A lender can not sue on a debt secured by a mortgage or trust deed except for a judicial foreclosure.

Many homes and many Florida home owners are still dealing with the realities of losing their homes or condos in a Florida judicial foreclosure proceeding — and having to deal with the realities of a deficiency liability, as well.

A deficiency judgment is a judgment obtained by the lender in court against the borrower for the difference between the unpaid balance of the secured debt and the amount produced by sale or the fair market value of the security, whichever is greater, in a judicial foreclosure.

It's usually a quicker process than a judicial foreclosure.