What does it mean if a property is in Foreclosure?
August 1, 2020
Foreclosure is the legal or equitable enforcement of a mortgage, deed of trust, or other lien through legal proceedings or pursuant to a power of sale clause in a mortgage. Discussed here is a foreclosure of a mortgage or deed of trust. Foreclosure typically occurs when the mortgagor, or debtor, has defaulted or failed to perform an obligation imposed by the instrument such as a mortgage. The ability to foreclose a mortgage often is limited by state law. In Iowa, for example, a mortgagee may foreclose a mortgage by judicial proceedings or non-judicial voluntary foreclosure. Foreclosure terminates the rights of the debtor/mortgagor in the real estate except for such statutory rights as redemption, mandatory mediation or other rights allowed by law. Once foreclosure has been accomplished and all the rights of the debtor/mortgagor in the real estate are extinguished, the mortgagee holds title free and clear of any claims by the mortgagor.