Deed Of Trust Records Foreclosure In San Antonio
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FAQ
1) A D.O.T. is much easier to foreclose upon then a mortgage because the process to foreclose on a D.O.T. bypasses the judicial process. Assuming the Trustee gives the right notices (Notice of Default and Notice of Sale) the process will go to sale without court involvement at all.
Nonjudicial foreclosures are typical in states that use deeds of trust. If the deed of trust contains a power of sale clause, the lender can foreclose without going to court. Although, the lender might decide to foreclose judicially, even if a nonjudicial foreclosure process is available.
In Texas, deeds of trust are more commonly used to create a lien than a mortgage. Language that can be found in the contract that gives the lienholder the authority to foreclose on the property through the non-judicial foreclosure process, which does not require the lienholder to file a lawsuit against the homeowner.
In California, lenders can foreclose on deeds of trust or mortgages using a nonjudicial foreclosure process (outside of court) or a judicial foreclosure process (through the courts). The nonjudicial foreclosure process is used most commonly in our state.
Disadvantages of a Trust Deed For borrowers, if financial circumstances change, default on repayment can result in property foreclosure.
1) A D.O.T. is much easier to foreclose upon then a mortgage because the process to foreclose on a D.O.T. bypasses the judicial process. Assuming the Trustee gives the right notices (Notice of Default and Notice of Sale) the process will go to sale without court involvement at all.
Deed of Trust/Power of Sale A deed of trust containing a "power of sale" is the primary mortgage document utilized in Texas real property transactions. Consequently, the majority of foreclosures encountered are nonjudicial foreclosures exercised under the power of sale provisions contained in a deed of trust.
A deed of trust can benefit the lender because it allows for a faster and simpler way to foreclose on a home — typically months or even years faster.
