Court allows lenders to restart foreclosures any time

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In every state, you are entitled to notice of a pending foreclosure on your home.. Unless you can obtain a new loan to do so, either type of redemption is. Servicers are allowed to hold a foreclosure sale without a court or other official. The servicer sends you a notice of the time and place for the sale.

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Michele L. Stocker was quoted in an article in The real deal entitled "Court Allows Lenders to Restart Foreclosures Any Time.

– Lender normally paid in full if value of property is more than the balance due under the mortgage. – To foreclose and sell debtor’s property, lender must file petition to bankruptcy court. If debtor is current with mortgage payments and wants to keep the property, they can reaffirm the mortgage debt.

If the court grants the lender’s request, the receiver will manage the business property until the foreclosure sale. The lender can ask for other relief, as well. For instance, the court might allow the receiver to sell the property before the foreclosure is complete as long as the lender, borrower, and any junior lienholders agree.

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foreclosure by sale: "All liens and mortgages affecting real property may, on the written motion of any party to any suit relating thereto, be foreclosed (1) by a decree of sale instead of a strict foreclosure at the discretion of the court before which the foreclosure proceedings are pending,