Court Records for Foreclosure Properties
The court records the particulars of the legal actions taken by the creditor against a borrower who’s behind on his mortgage. Records to get a foreclosure have been reviewed after the home has been sold at public auction when any legal questions arise concerning the merit of the foreclosure or the creditor’s failure to follow the procedures dictated by state law.
Summons and Complaint
The lender will notify the delinquent borrower of the court actions to foreclose the property utilizing a summons and complaint, and this document is entered in the court records to the case. A summons and complaint is the lender’s, or plaintiff’s, explanation of this nature and the foundation for the legal actions to the courtroom and the sort of relief requested. The borrower, or suspect, has the right to respond and refute the claims in the summons and complaint in a timeframe specified in the papers, such as 15 days. When the time for an answer from the defendant has expired, or the defendant’s response was without merit in court, a request by the creditor to get a sequence of reference, that appoints a referee, is entered into the records. The referee is a lawyer appointed by the court to oversee and maintain the public auction and verify facts concerning the mortgage, such as the entire money owed to the creditor. The arrangement of reference itself can also be a part of the court records once given by the judge. Affidavits of support from the professionals who served the borrower and any other defendants’ notice of the summons and complaint must also be entered into the court records.
Lis Pendens
A lis pendens is a notice to the public the borrower’s property is subject to a foreclosure actions and is generally registered in the county recorder or clerk’s office with all the land records. The lis pendens is entered into the court records such as New York, in certain states. The document itself includes a description of this property, the recording information to the mortgage being foreclosed plus a list of individuals or businesses that have an ownership interest in or claim against the property.
Referee’s Oath and Report
The referee’s oath and report is a document that the referee prepares that states she will check the amount owed on the mortgage in a reasonable fashion and set the public auction. A sworn statement signed by a representative of the creditor that details the total must be entered in the case records alongside the oath and report.
Judgment of Foreclosure and Sale
A judgment of foreclosure and sale will be that the document. The document includes an explanation of the state requirements for the foreclosure being fulfilled from the lending company and allows the creditor to sell the home at public auction to be able to recover some of the money owed on the mortgage. The judge sends book in local papers of the time and date of this auction, as set by the referee. When the judge signs the judgment, the document is entered in the court records to the foreclosure.
Referee’s Report of Sale
A referee’s report of sale is a document prepared by the referee after the public auction that records the outcomes of the auction to this courtroom. The report lists who the owner of this property is, what quantity the home offered for and if there is a surplus or a lack of money after the amount that the lender is owed is taken under consideration.