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Servicing

Foreclosure

The legal process by which a lender takes possession of and sells a property after a borrower defaults on the mortgage.

Foreclosure begins when a borrower misses enough payments, generally 90 to 120 days delinquent, that the lender invokes its right to recover the collateral. The exact process varies by state, with judicial foreclosure (going through the courts) and non-judicial foreclosure (using a power-of-sale clause in the loan documents) being the two main models.

A completed foreclosure stays on credit reports for seven years and makes future mortgage qualification difficult, most loan programs require a multi-year waiting period before a foreclosed borrower can buy again.

Before things get to foreclosure, borrowers usually have meaningful options: forbearance, loan modification, short sale, or deed in lieu. The earlier the borrower contacts the servicer about hardship, the more options remain on the table.

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