They begin to miss consecutive payments.
They eventually default on the loan and the lender usually sends what is called a “breach letter” to the debtor. Breach letters alert debtors that the loan is in default. If the payment isn’t made within the stipulated time, the lender can accelerate, or call due, the loan.
If the debtor still does not make the loan payment, the lender will initiate a foreclosure on the home.
The Foreclosure Process
In most mortgage agreements the foreclosure process officially begins when a loan is delinquent for more than 120 days.
The lender, then is required to post a notice of foreclosure for three consecutive weeks in the newspaper before the home can be sold.
Once the home has been posted for three weeks, the lender is then able to hold an auction for the sale of the property.
Redemption Period
In Alabama, debtors who have had their home foreclosed have a brief period in which they can redeem the home by coming up with the necessary money to satisfy the loan agreement.
The period during which a debtor can redeem the foreclosed home varies by case.
If a lender gives the debtor a notice of the right of redemption 30 days before the foreclosure, the debtor has 180 days to redeem the property. If the lender fails to give a notice before the auction of the property and sends a notice afterwards, the debtor has 180 days from the date of the notice to redeem the property.
If the lender never provides a right of redemption notice to the debtor, the debtor has no more than a year after the foreclosure date to redeem the property.
Eviction
When you are facing a foreclosure in Auburn or Opelika, AL, be aware that a lender cannot evict you without giving proper notification. In order for a lender to evict a debtor in the process of a foreclosure, the lender must provide a notice of eviction at least ten days before beginning eviction proceedings.
Help While Facing Foreclosure in Opelika/Auburn, AL
David S. Clark is a foreclosure defense attorney serving the residents of Auburn and Opelika Alabama able to help you navigate the difficult waters of home foreclosures.
David and his team will work on your behalf to help you avoid foreclosure, if possible, or come out on the other side of foreclosure in a more stable financial position.
If you are facing foreclosure in Opelika or Auburn, AL and need a foreclosure defense lawyer, contact David S. Clark today.