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Simple English definitions for legal terms
foreclosure decree
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A quick definition of foreclosure decree:
Foreclosure Decree: A legal order that says a house or property must be sold because the owner didn't pay their mortgage. It can also mean a legal order that says the bank can take the property without a sale.
A more thorough explanation:
A foreclosure decree is a legal order issued by a court that allows a lender to sell a property to recover the unpaid debt owed by the borrower. There are two types of foreclosure decrees:
- Judicial foreclosure sale: This type of decree orders the sale of the property through a public auction. The proceeds from the sale are used to pay off the outstanding debt, and any remaining amount is returned to the borrower.
- Strict foreclosure: This type of decree allows the lender to take ownership of the property without a sale. The lender can then sell the property to recover the debt owed.
For example, if a borrower defaults on their mortgage payments, the lender can file a lawsuit to obtain a foreclosure decree. The court will then order the sale of the property or allow the lender to take ownership of the property. This process can be stressful and financially devastating for the borrower, as they may lose their home and any equity they have built up.