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Question: Can
a home seller sell a home for less than its mortgage?
Answer:
Yes, in some case you can
sell your home for less than what you still owe on the
mortgage. But it is complicated and depends on the lender.
This situation is known as a "short sale."
Sometimes a lender will be willing to split the difference
between the sale price and loan amount, which still must be
paid.
A short sale may be more complicated if the loan has been
sold to the secondary market because then the lender will
have to get permission from Freddie Mac, the two major
secondary-market players.
If the loan was a low down payment mortgage with private
mortgage insurance, then the lender also must involve the
mortgage insurance company that insured the low-down loan.
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Question: When
does foreclosure begin?
Answer:
Lenders will initiate
foreclosure proceedings when homeowners become delinquent in
their mortgage obligations, usually after three payments are
missed. The lender will then notify the buyer in writing
that he or she is in default. The lender can request a
trustee's sale or a judicial foreclosure, in which the
property is sold at public auction.
A borrower can cure the default by paying the overdue amount
and the pending payment after the notice of default is
recorded, usually no later than a few days before the
property's sale.
Some sales allow the successful bidder to take possession
immediately. If the former owner refuses to vacate the
premises, the court can issue an unlawful detainee that
allows the sheriff to come out and evict them
Borrowers should do everything they can to avoid
foreclosure, which is one of the most damaging events that
can occur in an individual's credit history.
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