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Homeowners Facing Foreclosure

Created May, 2006

If you miss mortgage payments, the lender that loaned you money may sell your house to collect the money you owe. This is foreclosure.

When you took out your loan, you entered into 2 contracts with the bank*.

One contract is the “note.” The note says you promise to pay back the money you borrowed.

The other contract is the mortgage. The mortgage says you understand that the bank can take your house to pay the debt if you do not pay back the money you owe.

The bank must follow foreclosure laws before they can take your house. They must tell you about the auction and announce it in the newspaper before they foreclose. There are laws that give you time to find a way to catch up on your missed payments or find another way to avoid foreclosure. If the bank does not follow the rules, they cannot foreclose. It is important to know:

  • What the bank has to do,
  • When it has to do these things, and
  • How to know if the bank is following the rules.


* When we use the word bank we mean your lender. This could be a mortgage company a trust or even a person.

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