When a bank or other secured lender sells or even repossesses certain immovable property because the owner was unable to keep up with the terms of the agreement with regard to a mortgage or deed of trust, foreclosure is the end result. It means that there is generally a violation in the payment terms which is secured by a lien on the property in question, and when the foreclosure process becomes complete, it means that the lender has foreclosed on the lien or mortgage.

Different Types

A mortgage holder is allowed to begin foreclosure proceedings as soon as there is a default in the terms of the mortgage, though there are different types of foreclosure that can occur in the United States with two being widely encountered, while the others may occur in some states. The most usual type of foreclosure is that which is known as foreclosure by judicial sale and it is found applicable in all states in the country and is required in a number of states as well.

The foreclosure by judicial sale means that the mortgaged property is sold under the court's supervision and the proceeds of the sale are first meant to wipe out the outstanding payments on the mortgage and then the remainder will be used to pay off other holders of liens, and the remaining portion would then go into the hands of the mortgagor.

Another form of foreclosure, foreclosure by power of sale, allows the mortgage holder to handle the sale of the home or property without any court involvement. This tends to be a better option than foreclosure by judicial sale. Most states allow for this type of foreclosure.

In these two examples of kinds of foreclosure, the earnings from the sale of the home or property are used in mostly the same manner. Other foreclosures are available in certain states; the way they are conducted will depend on the state laws.

A more strict type of foreclosure makes the mortgagor continue to pay on their mortgage for a specific amount of time. If they continue to be unable to make on time payments, the title to the property in question is handed over to the lending agency and they are not required to sell the property.

Such a form of foreclosure was the original form, though now it is only available in New Hampshire, Connecticut and also Vermont.