Shellpoint Mortgage Foreclosure Process

Shellpoint Mortgage Foreclosure Process And Timeline.

Having knowledge of few things Foreclosure process can help a lot during Foreclosure process on your property as it can be a difficult process for a homeowner. The first thing one should know is that Home Preservation is the department that will start the process of foreclosure if you miss your first payment.

What Are The Foreclosure Timeframes?

Although the process of foreclosure differs from state to state and county to county. However There are some practices which govern these process of foreclosure, For example, When you default on the loan you will receive a warning/notice.

Notice of Intent (NOI) To Foreclose and Accelerate “Breach Letter”

Notice Of Intent (NOI) is the first notice sent before starting the foreclosure process and then a specific amount of time is given to respond or bring the account to current.

The Notice Of Intent(NOI) is a notice sent to inform the homeowner that he/she is in default of the loan and the company will foreclose the property if the loan is not brought to current. If a payment is accepted by the lender, this notice is required to be reissued which restarts the foreclosure timeline. But, at last, a time will come when the lender will no longer accept a payment and they will foreclose if the loan is not brought to current.

One thing that people do that works against them is that they fail to act on the NOI. The moment that you do receive an NOI, contact us as soon as possible to start seeking a resolution to your mortgage delinquency.

Different Types Of Shellpoint Mortgage Foreclosures

Shellpoint Mortgage does two types of foreclosures; the judicial foreclosure and the non-judicial foreclosure depending upon the state you are in and the county that your property is located in.

Non-Judicial Foreclosure Process

In the first month, Shellpoint Mortgage will make a call you and ask the reason as to why you were unable to make the payment. An NOI will be issued to you in the second month. You will receive the Notice of Default (NOD) from the local trustee when you have missed the third payment. At that time you can work either to clear your debt or else your loan will be accelerated. This is where we can help you apply for mortgage assistance relief programs.

Notice of Default (NOD)

when starting the foreclosure process notice of default(NOD) is the first official document filed.  Once the homeowner is 90 days behind in payments only then can the Notice Of Default (NOD) be filed(again keep in mind this is as of the date that the third payment comes due). The NOD contains information such as the name and address of the borrower, lender, and trustee. It also may contain the address of the mortgaged property, the date which the house can be paid for or cured by the borrower, a description of the defaulted amount (past due payments), the action that can be done in order to prevent foreclosure, and a statement that denotes that the house will go up for sale if the default is not cured.

Notice of Trustee Sale (NTS/NOTS)

Trustee places a notice in front of the house that the property will be sold in an auction to inform the public that the borrower is in default of the loan. The trustee will also place a notice in a local publication as well as place a notice on the property. As the homeowner, you may receive a notice of default that is followed by a notice of sale or even see the notice by publication.

Once that has been accomplished, then a date and time are set and your house will be sold to the highest bidder.

Judicial Foreclosure Process

When it comes to the judicial foreclosure, there are some basic steps that one should know.

When you miss the first-month payment, Shellpoint Mortgage will inform you about missing payment over the phone and ask when you will send your payment. Shellpoint Mortgage will send you a notice of breach of contract(also known as NOI) but will continue with the collection. You have 30 days to bring your mortgage current within a period.

Shellpoint Mortgage will hire an attorney to file a complaint. The complaint will be filed in the county where the house is located.

Summon is issued by the court after the filing of the complaint, you will have a specific time to respond(typically about 20-30 days). You have the option to file an answer or not, if you do not file, you are allowing the lender a default judgment and allowing your house to be reposed possibly sooner. However, if you do file an answer, you may be able to halt the foreclosure process with the proper defense.

Lis Pendens

Lis Pendens is Latin for a suit pending. It is a written notice that is concerned with a real estate property.  The court clerk files the Lis Pendens, certifies that it has been filed and then it is recorded by the county recorder. The Lis Pendens informs the owner of the real estate property that a claim has been entered for the property and at the same time, the Lis Pendens informs all the buyers who are interested in the property that they are a potential claim against the property.

Power of Sale

In the lawsuit, the attorney will request the judge to grant a power of sale which means they can set a foreclosure sale date on your home.

In the event that the lender won the case that was filed against you, then a date and time are set for the house to be sold to the highest bidder.