Foreclosures

Foreclosures

Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower, who has stopped making payments to the lender, by forcing the sale of the asset used as the collateral for the loan.[1]

Formally, a mortgage lender (mortgagee), or other lienholder, obtains a termination of a mortgage borrower (mortgagor)‘s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure).[2]

Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries torepossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can successfully repossess the property.[3] Therefore, through the process of foreclosure, the lender seeks to foreclose (in plain English, immediately terminate) the equitable right of redemption and take both legal and equitable title to the property in fee simple.[4] Other lien holders can also foreclose the owner’s right of redemption for other debts, such as for overdue taxes, unpaid contractors’ bills or overdue homeowners’ association dues or assessments.

The foreclosure process as applied to residential mortgage loans is a bank or other secured creditor selling or repossessing a parcel of real property after the owner has failed to comply with an agreement between the lender and borrower called a “mortgage” or “deed of trust.” Commonly, the violation of the mortgage is a default in payment of apromissory note, secured by a lien on the property. When the process is complete, the lender can sell the property and keep the proceeds to pay off its mortgage and any legal costs, and it is typically said that “the lender has foreclosed its mortgage or lien.” If the promissory note was made with a recourse clause then if the sale does not bring enough to pay the existing balance of principal and fees the mortgagee can file a claim for a deficiency judgment. In many states in the United States, items included to calculate the amount of a deficiency judgment include the loan principal, accrued interest and attorney fees less the amount the lender bid at the foreclosure sale.[5]

Types of foreclosure

The mortgage holder can usually initiate foreclosure at a time specified in the mortgage documents, typically some period of time after a default condition occurs. Within the United States, Canada and many other countries, several types of foreclosure exist. In the U.S., two of them – namely, by judicial sale and by power of sale – are widely used, but other modes of foreclosure[6] are also possible in a few states.

Judicial foreclosure

Foreclosure by judicial sale, more commonly known as judicial foreclosure, which is available in every state (and required in many), involves the sale of the mortgaged property under the supervision of a court, with the proceeds going first to satisfy the mortgage; then other lien holders; and, finally, the mortgagor/borrower if any proceeds are left. Under this system, the lender initiates foreclosure by filing a lawsuit against the borrower. As with all other legal actions, all parties must be notified of the foreclosure, but notification requirements vary significantly from state to state. A judicial decision is announced after the exchange of pleadings at a (usually short) hearing in a state or local court. In some rather rare instances, foreclosures are filed in federal courts.

Nonjudicial foreclosure

Foreclosure by power of sale, also known as nonjudicial foreclosure, is authorized by many states if a power of sale clause is included in the mortgage or if a deed of trust with such a clause was used, instead of an actual mortgage. In some states, like California and Texas, nearly all so-called mortgages are actually deeds of trust. This process involves the sale of the property by the mortgage holder without court supervision (as elaborated upon below). This process is generally much faster and cheaper than foreclosure by judicial sale. As in judicial sale, the mortgage holder and other lien holders are respectively first and second claimants to the proceeds from the sale.

Strict foreclosure

Other types of foreclosure are considered minor because of their limited availability. Under strict foreclosure, which is available in a few states including Connecticut, New Hampshire and Vermont, suit is brought by the mortgagee and if successful, a court orders the defaulted mortgagor to pay the mortgage within a specified period of time. Should the mortgagor fail to do so, the mortgage holder gains the title to the property with no obligation to sell it. This type of foreclosure is generally available only when the value of the property is less than the debt (“under water“). Historically, strict foreclosure was the original method of foreclosure.

Oroville

Oroville is the county seat of Butte County, California, United States. The population was 15,506 at the 2010 census, up from 13,004 in the 2000 census. Oroville is considered the gateway to Lake Oroville and Feather River recreational areas. The city of Oroville has recently annexed two locations in South Oroville, areas A and B, which have a combined population of 2,725 people. The U.S. Census Bureau estimated the population of the city to be 17,996 as of January 1, 2016, up 1,908 people or 11.9 percent since 2010. The Berry Creek Rancheria of Maidu Indians of California is headquartered here.

Oroville is located off of State Route 70, and is in close proximity to State Route 99, which connects Butte County with Interstate 5Chico, California is located about 25 minutes north of the city, and Sacramento lies about an hour south.

Oroville is situated at the base of the foothills on the banks of the Feather River where it flows out of the Sierra Nevada onto the flat floor of the Sacramento Valley. It was established as the head of navigation on the Feather River to supply gold miners during the California Gold Rush.

The town was originally called “Ophir City”, but the name was changed to Oroville when the first post office opened in 1854 (“oro” is “gold” in Spanish).[6] The City Of Oroville was incorporated on January 3, 1906.

Gold was found at Bidwell Bar, one of the first gold mining sites in California, bringing thousands of prospectors to the Oroville area seeking riches. Now inundated by the waters of enormous Lake Oroville, which was filled in 1968, Bidwell Bar is memorialized by the Bidwell Bar Bridge, an original remnant from the area and the first suspension bridge in California (California Historical Landmark #314). In the early 20th century the Western Pacific Railroad completed construction of the all-weather Feather River Canyon route through the Sierra Nevadas giving it the nickname of “The Feather River Route”. Oroville would serve as an important stop for the famous California Zephyr during its 20-year run. In 1983, this became a part of the Union Pacific Railroad as their Feather River Canyon Subdivision. A major highway, State Route 70, roughly parallels the railroad line winding through the canyon.