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Trust Deed
 
Mortgage Land Sale Contract Involuntary Lien Types of Foreclosure |
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 Page 2 of 5Types of foreclosure cont. Trust Deeds A trust deed is a special type of mortgage given by the owner of the real property to a third party, called a trustee, who holds a power of sale for the property for the benefit of a creditor (such as a lender) until the debt is repaid. Banks and other lenders typically use a trust deed. A trust deed can be foreclosed by a lawsuit in the circuit court of the county where the property is located. The party holding the lien asks the court for a judgment against the owner for the unpaid amount of the debt together with attorney fees and foreclosure costs. If the owner does not pay that full amount to the holder of the lien, then the sheriff of that county will auction off the property to the highest bidder for cash. If there is not enough cash received by the sheriff to pay the judgment in full, then the holder of the lien can collect what is still owed, called a deficiency, from the owner. The owner also must move out immediately. If the foreclosure is on the owner’s residence or the residence of the owner’s spouse or child, then the owner merely loses the property but does not have to pay a deficiency. However, anyone else who guaranteed payment of the debt will have to pay the deficiency. After the sale, the owner has 180 days to buy the property back from the purchaser at the sale for an amount equal to the auction price paid plus interest and any anything the purchaser had to pay for such items as taxes and maintenance. This is known as a right of redemption. In order to redeem the property, the owner must serve the purchaser of the property with a notice of owner’s desire to redeem the property. The notice must state the date and time the owner will make payment to the sheriff and the redemption amount. The notice of redemption must be served on the purchaser no more than 30 days and no less than 14 days before the payment date the owner specifies in the notice of redemption. The holder of a trust deed can foreclose without going to court, too, through a foreclosure by “advertisement and sale.” The trustee mails a notice of default and a “notice of home loss danger” to the owner (and any other persons holding an interest in the property) of the amount of the debt and the sale date, time and place, and publishes notice of the sale in a newspaper. The trustee then auctions off the property to satisfy the debt, the attorney fees and foreclosure costs. Following the sale, the owner must move out of the property within 10 days of the sale. This foreclosure process takes approximately 140 days. In this kind of foreclosure of a trust deed, the owner has no right of redemption after the sale. However, when the foreclosure is by “advertisement and sale,” the owner does not have to pay a deficiency, either, if the property is residential property. In addition, the owner can stop the foreclosure by paying all delinquent payments together with trustee’s and attorney fees and costs at any time up to 5 days before the scheduled sale date. The trustee will then file a notice in the county records showing that the foreclosure proceeding has ended. Continue | | |||
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