Hawaii Realty International

Options when dealing with a Hawaii foreclosure

Once foreclosure proceeds, it is not an easy process to stop. Banks are not inclined to take these measures because of the extensive and complicated processes involved. However, in order to recover outstanding debt, foreclosure will be used as a last resort. In many instances lenders will stop the foreclosure process if the homeowner has approached them to restructure their debt or modify their loan. And of course they will stop the process if the homeowner manages to come up with the outstanding debt plus costs incurred to date.

Many homeowners who have undergone the foreclosure process find that it spirals out of control quite rapidly. They are generally already immersed in financial difficulty and this often precludes them from being able to recover fully. But it is possible to make the decision to stop foreclosure by taking certain steps. Prioritizing debt may save your home from foreclosure.

Every state in the US is subject to foreclosure laws; they generally run along similar lines with certain differences. When the owner of a property cannot make their mortgage payments, they are usually given a certain amount of time called a grace period in which to pay. After this period they will be expected to pay the default amounts, plus interest and any other costs incurred. Unfortunately, if the defaulter does not pay within this period of time, the lender will then notify them that the foreclosure is going to take place.

There are three different foreclosure processes, the non-judicial foreclosure being the fastest and least expensive procedure. In a non-judicial foreclosure you have to act fast to stop the process. They use a method known as a ‘Power of Sale’, this is a special clause inserted into the loan agreement that gives the lender or his representative the power to sell a property in lieu of a debt. This foreclosure process is not available in all states as some states feel that the courts should have absolute power over foreclosure in order to ensure that the process is followed fairly.

There is an additional type of foreclosure called a ‘Strict Foreclosure’. This method allows a property to be automatically transferred to a mortgage lender after a judgment in favor of the lender is made on a lawsuit. The money from the sale of the property in a strict foreclosure is used first to clear property taxes. Taxes always come top of the list in any foreclosure process and they take precedence over all other debts involved. Thereafter other creditors and debts are only paid if there is any money left from the sale of the property. The balance, if any, is given to the borrower.

Many states also have provision in their laws for rights of redemption. This can stop foreclosure even after an auction sale has taken place, and the owner is allowed to retrieve their home if they can pay the amount owing to the lender.