Once you default on your monthly home loan payments, your lender has the right to start the process of foreclosure. However, even though your bank has initiated the foreclosure process, you do have some options to try during the pre-foreclosure period to try to avoid losing your home.

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foreclosure mediation shall (1) address all issues of foreclosure, including, but not limited to, reinstatement of the mortgage, disposition of the property through means other than the foreclosure process, including short sales and deeds in lieu of foreclosure, assignment of law days, assignment of sale date,

Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage. The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located. The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.

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Recently, the washington state court of Appeals decided two cases related to home. Mortgages are subject to a six-year Statute of Limitations, meaning. and on December 31, 2013, the bankruptcy court discharged their debts, Notice of Default – the method for initiating foreclosure on a Deed of Trust.

Reiterating Warren, the Court explained that enforcement of a security interest alone is not debt collection for purposes of the FDCPA. Given the 11th Circuit’s precedent, the District Court was compelled to dismiss Gillis’s FDCPA claims. Gillis failed to allege any act that would constitute debt collection under the FDCPA.

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Non-judicial foreclosure is available in roughly half of the United States and, while the process varies based on state law, it generally involves a. and an enforcement of security interests, did.

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