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Miami Real Estate: Understanding The Foreclosure Process

Date Published: 16th October 2008
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A mortgage loan is a method used by many homebuyers to acquire a quality home in Miami real estate without putting their finances on the low. Considering the popularity of the area having prime residential properties that fits perfectly with the stature of the region, it is necessary for a homebuyer to have adequate funds at their disposal to get one under their name. The only problem with this strategy is foreclosure.

Foreclosure on a residential property happens when the homeowner fails to pay the principal amount and interest of a mortgage loan. The financial institution or lender will confiscate the property as payment. Laws regarding foreclosure vary from state to state, and it is necessary for loan applicants to understand the laws of Miami regarding the issue of foreclosure.


In most cases, foreclosure can be summed up to four simple processes, such as:

1. Notice of Default

This is a notice from a lender when a borrower misses the payment for the first time. Having received a Notice of Default from a lender, the borrower must make haste to pursue the payment as agreed with the institutions or contact them directly to ask for an extension when you can't afford to pay the amount right there and then.

2. Notice Of Acceleration

This notice is the last reminder from the lender to settle your payment in regards to your home acquisition using a mortgage loan in Miami real estate. The Notice of Acceleration aims to tell borrowers to pay the outstanding balance of the loan to avoid foreclosure.

In most cases, Notice of Acceleration declares that the lender terminates the mortgage loan with the homeowner and wish to take possession of the said property. Lenders usually give a 30-day leeway time for the borrower to settle the debt.

3. Notice of Sale

This notice from the lender informs the homeowner the exact date and time the property will be open for sale. Lawyers would push for the arrangement of payment to avoid foreclosure when you receive this notice. Failure to comply within the date of receipt means that foreclosure is complete. No legal claims on the property will be accepted both by the state and the financial institution from your end.

4. Public Auction

It is normal for auctions to take place for the sale of a foreclosed property. But this doesn’t mean that the borrower is off the hook. If the property is sold at a lower price than the overall debt, then the borrower will still need to pay the rest of it.


Vanessa Arellano Doctor
Miami Condos

Miami Real Estate
Tags: reminder, leeway, borrowers, financial institution, mortgage loan, acquisition, possession, residential properties, haste, stature, homebuyers, homebuyer, residential property, notice of default, property lenders, adequate funds, loan applicants, miami real estate
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