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What You Can Do to Stop Foreclosure of Your Real Estate

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Author: John Harris

Article source: http://www.articlealley.com/. Used with author's permission.

You have received a notice of foreclosure on your real estate. It may seem hopeless, but the last thing you should do is give up. Many people encounter life-altering events that interfere with their ability to pay their debts. Usually the last payment to be late is the mortgage, but it happens. Too many late mortgage payments mean a possible foreclosure.

First and foremost, lenders do not want to foreclose on your real estate. They are not in the real estate business and are willing to work with homeowners. If you have not been able to reach a solution with your lender or you have ignored the lender's letters and phone calls, then foreclosure is their only option.

In the state of California, there are two types of real estate foreclosures — judicial and non-judicial. A judicial foreclosure is granted by a court to a lawsuit brought by the lender against you, and is necessary when a "power to sale" clause was not included in the mortgage contract. Since commercial lenders usually include the clause, which grants them the right of non-judicial foreclosure, the mortgage contract you signed automatically gives them the power to seize your real estate in order to recoup their losses.

With the non-judicial foreclosure, you usually have 120 days to redeem your real estate before it is sold. With a judicial foreclosure, your real estate is auctioned off immediately to the highest bidder.

Under the judicial foreclosure, you may seek a deficiency judgment to recoup some of your losses on the seizure and sale of your real estate. Under some circumstances, you have up to one year to redeem your property. Under the non-judicial foreclosure, you have no rights of redemption nor can you seek a deficiency judgment.

So, your best bet is to do something before your real estate is seized and sold. Here are some ideas:

1.

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