CHP 6 - Foreclosure Flashcards

1
Q

3 types of foreclosure

A

1) Judicial
2) Non-Judicial
3) Strict (No sale; immediate transfer)

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2
Q

2 Rights of Redemption

A

Equitable (pay and stay until foreclosure completion)

Statutory (pay and stay up to a yr after completion)

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3
Q

Statutory right of reinstatement

A

pay and stay during statutory period b4 lawsuit ends

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4
Q

Judicial Foreclosure Sale Proceed Order

A

cost of sale
special assess taxes
the 1st mortgage
…..

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5
Q

When foreclosure doesn’t take care of full balance this is granted

A

Deficiency judgement

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6
Q

Power of Sale provision

A

Allows lender to foreclose without court decree

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7
Q

What type of redemption right is there in non judicial foreclosure

A

NONE

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8
Q

Reinstatement during non judicial foreclosure

A

during NOD and NOS periods (default and sale)

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9
Q

Explain a strict foreclosure

A

lender gives noticem files paperwork and court orders date by which to pay

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10
Q

Short sale

A

Lender allows property to sale for less than balance. Remainder is usually forgiven

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11
Q

KY Foreclosure Laws

A

1) A Lien Theory State
2) Judicial Foreclosure
3) Registered Statutory right of redemption
4) Deficiency judgement ARE legal

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12
Q

KY Redemption period

A

IF home sells for less than 2/3 of appraised value owner has 6 months to redeem

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13
Q

Lis Pendens/ NOtice of Pendency

A

Public notice that property may soon have a judgement against it

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14
Q

A completed foreclosure terminates which equitable right

A

Equitable redemption rights terminate once foreclosure is completed

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