17.0k views
5 votes
Brett lost his job last year. He has only been able to find temporary work and fell behind on his mortgage. His home is currently in foreclosure. He is confused as to what will happen and how the debts are paid. What is the order of payments in foreclosure?

User Martidis
by
5.6k points

2 Answers

2 votes

Final answer:

In foreclosure, the order of debt payments typically starts with the cost of selling the property, followed by the outstanding mortgage balance, then any second or junior liens. If any funds remain, they may go to the homeowner. The housing bubble burst led to widespread foreclosures and financial strain on banks, homeowners, and local governments.

Step-by-step explanation:

When a homeowner like Brett faces foreclosure, there is a typical order in which debts are paid after the property is sold at auction. The process involves several steps and prioritizes certain debts over others. First, the cost of selling the property, including auction fees and legal costs, is paid. Following this, the outstanding mortgage balance to the primary lender is addressed. If there are any second or junior liens, such as second mortgages or home equity lines of credit, they are paid next. Any remaining funds after satisfying these debts may then be disbursed to the homeowner. In some cases, if the sale does not cover the mortgage balance, the lender may pursue a deficiency judgment against the borrower for the remaining amount.

The housing bubble burst and subsequent financial market crisis led to a cascade of foreclosures. Government initiatives like the American Restoration and Recovery Act aimed to alleviate some of the stress on homeowners and the market by providing tax credits for homebuyers among other measures. When property values dropped, many homeowners found their mortgages underwater, leading to increased foreclosures and substantial losses for banks, homeowners, and local government tax revenues. For example, Detroit famously filed for bankruptcy in the wake of these issues.

User Gregory Bishop
by
6.2k points
3 votes

Answer: The rule of foreclosure will apply to the given case

Explanation: When any property gets foreclosed or the lender sold it due to the repayment issues from the other party's side. Then the repayments of debt regarding that property or debt are made in the following order :-

1. Cost of sale to lender

2. special assessment and general taxes

3. Mortgages

4. other debt

The above will be the order of repayment by Brett.

User JC Denton
by
6.4k points