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Court allows lenders to restart foreclosures any time

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Every foreclosure case can go through many legal phases or steps during its. forth in law and depend on the kind of bankruptcy filed, the date of filing, and bankruptcy court orders as a result of the filing.. have brought their loan payments, etc. current PRIOR to the time of. The foreclosure may be restarted and the sale.

A judicial foreclosure allows a property to be sold by court order after sufficient public notice. Most lenders will seek a judicial foreclosure when they want to get a deficiency judgment, which is any outstanding debt remaining after the foreclosure and sale of a property.

This allows the lender to claim the full balance owed under the mortgage, plus interest and other costs, even though the mortgage term hasn’t yet expired. The lender can start legal proceedings to take the property or sell it to pay the mortgage debt. This legal process is called foreclosure.

The period of delinquency allowed before a lender begins foreclosure proceedings is determined by the lender. When a lender is required to foreclose on a deed of trust, the lender does not have to go through the courts to foreclose if the deed of trust contains a power of sale clause.

The Florida Supreme Court ruled that mortgage lenders can restart a suspended foreclosure at any time instead of within five years after a borrower defaults. The court ruled that the five-year statute of limitations for foreclosure cases is dynamic, not static, resetting each month a mortgage borrower remains in default.

Lenders who use the assent to decree foreclosure must file a complaint to foreclose. However, it is not necessary for a hearing to be held prior to the foreclosure sale. Non-Judicial Foreclosure . The non-judicial process of foreclosure is used when a power of sale clause exists in a.

A lender can file a motion asking the bankruptcy court to lift the automatic stay (terminate it) and allow it to proceed with foreclosure. You are entitled to file a response, and if you oppose the motion, the bankruptcy court will hold a hearing before it rules on whether or not to lift the stay.