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Strict Foreclosure or Foreclosure by Sale |
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When you have no defense you must decide whats best for you a Strict Foreclosure or Foreclosure by Sale. You must tell the court which you prefer; otherwise the court will order a Strict Foreclosure.
You need to file a Motion for Foreclosure by Sale, with the clerk and send a copy of the motion to the lawyers in the lawsuit.
You will need to have a Hearing were you need to explain to the judge why you wish a Foreclosure by Sale. This makes sense if you have enough equity in the property. If the equity is more than the total debt. The total debt is more than the mortgage balance; the debt now includes fee's for the court and the marshal's fees for filing the foreclosure action, also the attorney's fee's paid by the lender; cost of the title search; the appraisal; as well as accumulated interest of the mortgage, plus the unpaid principal. Lets not forget there is more! You will also have to pay the costs associated with auctioning off the property, including several appraisals, advertising, and hiring people to conduct the auction.
This type of foreclosure makes sense if after all that is paid your property is worth more than the total debt. If the auction brings in more than the total debt and fees you would then get the rest.
If you have little or no equity a Strict Foreclosure would be called for. With a Strict Foreclosure you would get nothing from a sale.
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