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Planet Home Lending Foreclosure Process

Foreclosure Defense

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Planet Home Foreclosure Process And Timeline.

Some of the things about foreclosure process can get pretty challenging to deal with so here are few things you should know. First, the whole thing begins when you miss your first loan payment and then home preservation department will begin the process of foreclosure in the event that you miss your first loan payment.

What Are The Foreclosure Timeframes?

From the state to state and even county to county foreclosure process is different. However, there some rules that govern the foreclosing practices. For instance, you will be sent a notice which stating you are on default of your loan payment.

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

You will become eligible for the foreclosure once the notice of intent has been issued. After that, you will be given a certain period of time usually about 30 days.

The lender will send a notice called Notice To Accelerate and intent on foreclosing if you do not bring the account to current. In some states, the lender accepts certain payment and the letter can be reissued which restart this timeline. Eventually, The lender will accept nothing else than the amount due and if you fail to pay they will foreclose.

When people receive the notice of intent(NOI), they make the mistake of failing to act that works against them. The moment that you do receive an NOI, contact us as soon as possible to start seeking a resolution to your mortgage delinquency.

It is more preferable for the lender you pay them the loan amount that is due. They do not have to take your home. In the case of Planet Home, we can contact their home preservation specialist on your behalf.

Most people think that the foreclosure starts after 90 days while in some states, it begins as early as 61 days, (when your third payment comes due) and in some cases, you have an expired NOI within the last 18 months.

Different Types Of Planet Home Foreclosures

The state that you reside in and the county in which the property is located decides the type of foreclosure that Planet Home will do. Commonly there are two types of foreclosures that are completed by Planet Home; the judicial foreclosure and the non-judicial foreclosure.

Non-Judicial Foreclosure Process

Documents are filed with the local county in a non-judicial foreclosure. Missing first payment Planet Home will tell you that you have defaulted on your loan during. If you miss a second payment NOI will be issued by your Lender. However, NOD(Notice of default) will be issued if you are missing 3rd payment. Now, you can only work to clear your debt or else your loan will be accelerated. This is where we can step in and help you apply for mortgage assistance relief programs.

Notice of Default (NOD)

During foreclosure process NOD(notice of default) is the first document to be filled. In the state of California, a lender can only file a Notice of Default once the borrower is 90 days behind. The NOD(notice of default) contains information such as the name and address of the lender, borrower, and trustee. It also contains the address of the mortgaged property, a description of the defaulted amount (past due payments), the action that can be done in order to prevent foreclosure, the date which the house can be paid for or cured by the borrower 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)

The trustee will place a notice in front of the house stating that it will be sold in auction. It is done to alert the public that homeowner is in default on the loan. The trustee will also have to place a notice in the local newspaper or publication. The homeowner may receive a notice of sale, 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

Judicial Foreclosure is a lengthy Process and can keep on going for years. There are some fundamental steps that you should be aware of when dealing with this process.

Planet Home will inform you about that as you miss the first payment. It will ask you the reason and will continue collection practices but will also send you a notice called a Notice Of Intent (NOI). You are given the opportunity to bring your mortgage current within 30 days. Thereafter the judicial process will begin on the foreclosure of your house.

Planet Home hires an attorney that will prepare a complaint against you to start the foreclosure proceedings against you. The complaint will be filed in the county where the house is located.

After the complaint has been filed you will receive a summon from the court. You will have a specific period of time(usually 30 days) once you have received the summon. You will have an option to file an answer. By not filling, you will be giving chance to the lender to proceed with the default judgment and hence, allowing your house to be reposed sooner. However, if you are able to file a satisfactory answer, the foreclosure process may be halted.

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 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, Attorney will be demanding to grant the power of sale. It will allow him to set a foreclosure sale date on your home.

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

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