Even in case you miss one mortgage payment, you may find that you are in danger of having the foreclosure process begin. Now, this does not necessarily mean you are inevitably going to be foreclosed upon, but the mortgage company is going to tell you that they did not get your payment and that you should send it immediately.
Usually, you will get these letters for two to three months if you don't make a payment, and nothing else will happen. If you pay on time, nothing else should occur and everything should be fine as far as your mortgage goes. However, ti will appear on your credit accountit that you have been past due on your mortgage payments.
How the foreclosure process unfolds if you don't make your payments:
Notice to accelerate:
Once you are sixty days past due, you will get what is called a notice to accelerate. At this point, you will need to bring the loan current and nothing else will do, usually, to stop the foreclosure process. You will need to pay the past amount plus any late fees they assess you.
You may also receive a threatening letter saying that if you do not pay by a certain date, they may accelerate the due date of the loan and start the foreclosure process. The letter may also tell you that if you do not pay the amount past due and they accelerate the due date of the loan, you will also be responsible for any attorney fees added to the delinquent amount.
The demand letter:
If you do not respond by paying the full amount due on the date the mortgage company has established in their notice to accelerate, they will hire an attorney and this attorney will forward you what's called a demand letter. This letter formally notifies you that if you don't bring your loan current immediately, the foreclosure process is going to go ahead within the court system.
Notice of default
If you do not respond to the previous demand letter by paying the full amount due plus any attorney fees, the lender will then file a formal foreclosure notice with the court. This is a notice of default, and will list the entire amount you need to pay. You have about twenty to thirty days to respond to this judgment before the foreclosure process proceeds further.
The notice of sale:
If you have not previously responded to the demand letter or to the notice of foreclosure, you will be given a notice of sale after twenty to thirty days have gone by, the period of time you were given to respond to the notice of foreclosure. This particular notice simply sets the sheriff's auction date, and your house will be sold at auction at that point.
Be aware that this is the foreclosure process the mortgage lender takes if you do not respond at any other point in the process. With the exception of the last step, the notice of sale, you have the ability to stop home foreclosure, in some cases, as long as you stay in communication with the bank.
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