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Foreclosure Can Take Months or Years Notice of default: The lender typically issues a notice of default, indicating its intention to foreclose, when the loan becomes 90 days past due. Typically, the notice indicates legal foreclosure will begin in 90 days unless the borrower brings their payments up to date.
In case of a simple mortgage, either the sale of the mortgaged property is possible or one can individually file suit against the mortgagor whereas the right of foreclosure is available only on the mortgage by conditional sale.
The right of redemption allows homeowners to keep their homes if they pay back what they owe even after their lender starts the foreclosure process or puts the home up for sale at public auction.
This right is available under Section 67 of the Transfer of Property Act, 1882. After the principal amount has become due, and before payment of mortgage money by mortgagor or before decree of redemption has been passed by Court, mortgagee has a right to obtain a decree of foreclosure from the Court.
Maintain this Checklist When Going for Home Loan Foreclosure Collect Original Documents. ... Get Lien on the Property Terminated. ... Get the 'No Dues' Certificate (NDC) ... Ask for the Updated Non-Encumbrance Certificate. ... Collect the Security Cheque. ... Make Sure that Your Credit Score is Updated in the Latest Report.