CHP 6 - Foreclosure Flashcards
3 types of foreclosure
1) Judicial
2) Non-Judicial
3) Strict (No sale; immediate transfer)
2 Rights of Redemption
Equitable (pay and stay until foreclosure completion)
Statutory (pay and stay up to a yr after completion)
Statutory right of reinstatement
pay and stay during statutory period b4 lawsuit ends
Judicial Foreclosure Sale Proceed Order
cost of sale
special assess taxes
the 1st mortgage
…..
When foreclosure doesn’t take care of full balance this is granted
Deficiency judgement
Power of Sale provision
Allows lender to foreclose without court decree
What type of redemption right is there in non judicial foreclosure
NONE
Reinstatement during non judicial foreclosure
during NOD and NOS periods (default and sale)
Explain a strict foreclosure
lender gives noticem files paperwork and court orders date by which to pay
Short sale
Lender allows property to sale for less than balance. Remainder is usually forgiven
KY Foreclosure Laws
1) A Lien Theory State
2) Judicial Foreclosure
3) Registered Statutory right of redemption
4) Deficiency judgement ARE legal
KY Redemption period
IF home sells for less than 2/3 of appraised value owner has 6 months to redeem
Lis Pendens/ NOtice of Pendency
Public notice that property may soon have a judgement against it
A completed foreclosure terminates which equitable right
Equitable redemption rights terminate once foreclosure is completed