Not exact matches
Because the lender began applying the mortgage payments to these fees rather
than to principal and interest, the lender declared the loan in
default and commenced a foreclosure
proceeding.
In some instances, when faced with the prospect of US criminal prosecution, it may be in a client's interest to
default in the civil
proceeding rather
than to expose himself or herself to US jurisdiction.
Banks are typically averse to underwriting non-recourse loans as it means assuming more risk on their part as this type of loan only allows them to foreclose on the property in the event of a
default, and does not allow them to seek additional money from the borrower if the
proceeds from the foreclosure are less
than what is owed on the loan.
Power of sale is a different kind of
default remedy: rather
than taking title to your home, your lender simply sells it from under you and uses the
proceeds to pay off your debts: mortgages, property tax arrears, property liens.