Just What Is Pre-Foreclosure?

Many individuals don't realize that there are many steps involved in a foreclosure procedure, some which are designed to allow the homeowner to correct the defaulted payments and retain their home. Pre-foreclosure is one such step. This preliminary step to a full foreclosure is a set period of time, usually between three and six months, where the home or property missed payments can be made up, preventing the property from going into full foreclosure. The bank or lender must notify the homeowner in the pre foreclosure stage and will typically work with the owner to try to come to some type of payment plan that will satisfy the lender and still be manageable for the owner.

While it may seem that lenders are unwilling to work with homeowners that have defaulted on payments, in reality starting a foreclosure process costs the lender money, plus they rarely get their full investment or loan amount back. In difficult economic times they may end up not being able to sell the house for a reasonable market value, so may take an additional loss on that end as well as on the foreclosure. During the pre-foreclosure period the bank or lender is often highly motivated to work with the homeowner, even if it means refinancing options or spreading the payments out over a much longer period of time. Typically working with the lender earlier in the pre foreclosure period is better rather than waiting until the end of the grace period.

The exact length of time for a pre-foreclosure period is determined by state regulations, so checking with your real estate agent, real estate attorney or lending institution can help you know exactly how long you have to negotiate a settlement before the full foreclosure can be started. During the pre foreclosure period the lender cannot start foreclosure action, so it is critical to know exactly how much time you have.

During the pre-foreclosure time frame the lender basically does not have a legal standing or legal right to attempt to force the owner out or off of the property. Once the pre-foreclosure period is over and the lender and the homeowner have not been able to reach a settlement option to pay the deficit amount on the mortgage, the lender is within their rights to proceed with foreclosing and taking over the property. If the homeowner and the lender are able to work out a repayment agreement, the foreclosure is stopped and the agreed upon repayment plan, refinancing or extension of the mortgage is put into place. A property can go through this process more than once, however typically lenders become less willing to work with the homeowner when this type of default becomes a pattern or happens more than once.