Transfer of title refers to the legal process of transferring ownership rights and interests from one party to another. In the context of foreclosure, a transfer of title occurs when a property owner, who is facing foreclosure due to defaulting on their mortgage payments, transfers the ownership rights of the property to a new party. Foreclosure is a legal process undertaken by lenders, such as banks or mortgage companies, to recover the outstanding debt owed by a borrower. When a borrower defaults on their mortgage payments, the lender has the right to initiate foreclosure proceedings, leading to the potential loss of the property in question. In such cases, a transfer of title may occur in order to change the ownership of the property either through a voluntary agreement or a forced sale. There are different types of transfer of title including foreclosure, which can be classified as follows: 1. Deed in Lieu of Foreclosure: This occurs when the borrower voluntarily transfers the title of their property to the lender to avoid foreclosure. It is a mutual agreement that allows the borrower to relinquish their ownership rights and the lender to seize the property without going through a lengthy foreclosure process. However, this option is typically only available if the property has no other liens or encumbrances. 2. Foreclosure by Sale: In this type of transfer of title, the lender initiates a legal process to sell the property in order to recover the outstanding debt owed. The foreclosure sale is conducted through a public auction, wherein the highest bidder becomes the new owner of the property. This method allows the lender to regain their investment and clear the borrower's debt. 3. Strict Foreclosure: This type of transfer of title is less common and varies by jurisdiction. In strict foreclosure, the lender petitions the court to transfer the ownership rights directly to them, rather than selling the property through a public auction. This method is typically utilized when the outstanding debt significantly exceeds the property's market value. 4. Tax Foreclosure: If a property owner fails to pay their property taxes, the local government may initiate a tax foreclosure and transfer the title to a public entity or put the property up for sale to recover the unpaid taxes. This type of transfer of title is often conducted through public auctions or tax lien sales. In conclusion, transfer of title including foreclosure involves the legal process of transferring ownership rights of a property from a borrower facing default to a new party. The different types of transfer of title in foreclosure are deed in lieu of foreclosure, foreclosure by sale, strict foreclosure, and tax foreclosure. Each type has its own unique characteristics and is governed by specific legal procedures.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.