- /fawr kloh"zheuhr, fohr-/, n. Law.the act of foreclosing a mortgage or pledge.[1720-30; FORECLOSE + -URE]
* * *Legal proceeding by which a borrower's rights to a mortgaged property may be extinguished if the borrower fails to live up to the obligations agreed to in the loan contract.The lender may then declare the entire debt due and owing and may seek to satisfy it by foreclosing. Foreclosure is commonly by a court-decreed sale of the property to the highest bidder, who is often the lender. See also mortgage.
* * *▪ lawlegal proceeding by which a mortgagor's rights to a mortgaged (mortgage) property may be extinguished if the mortgagor (borrower) fails to live up to the obligations agreed to in the mortgage. The mortgagee (the lender) may then declare the entire debt due and owing and may seek to satisfy the debt by foreclosing on the property. Most foreclosures are brought in equity proceedings. Strict foreclosure, considered the harshest method, may be used if the debtor is totally insolvent and all the worth of the property is used to pay off the indebtedness. Foreclosure is commonly by a court-decreed sale of the mortgaged property to the highest bidder, who is often the mortgagee. The proceeds of the judicial sale are first used to pay the debt; the surplus, if any, is paid to other creditors with subordinate claims on the same property and then to the mortgagor. If the proceeds are insufficient to pay the debt, the debtor is responsible for paying whatever amount of the mortgage is still unpaid. Where a mortgage provides for it, a mortgagee may exercise “power of sale” without prior recourse to the courts.
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Look at other dictionaries:
foreclosure — fore·clos·ure /fōr klō zhər/ n 1: a legal proceeding that bars or extinguishes a mortgagor s equity of redemption in mortgaged real property see also deficiency judgment at judgment, redeem … Law dictionary
Foreclosure — Fore*clo sure (?; 135), n. The act or process of foreclosing; a proceeding which bars or extinguishes a mortgager s right of redeeming a mortgaged estate. [1913 Webster] … The Collaborative International Dictionary of English
foreclosure — A termination of the mortgagor s rights in real property a trustee at the request of the mortgagee by virtue of a default (SA Bankruptcy.com) That action that a lender will take to repossess and sell a piece of property for defaults in mortgage… … Glossary of Bankruptcy
foreclosure — (n.) 1728, from FORECLOSE (Cf. foreclose) + URE (Cf. ure) … Etymology dictionary
foreclosure — [fôr klō′zhər] n. the legal procedure for satisfying claims against a mortgagor in default who has not redeemed the mortgage: satisfaction may be obtained from the proceeds of a forced sale of the property … English World dictionary
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foreclosure — A remedy provided by state law for creditors secured by an interest in real property to obtain title to the property under certain conditions. American Banker Glossary Process by which the holder of a mortgage seizes the property of a homeowner… … Financial and business terms
foreclosure — /forklowzhsr/ To shut out, to bar, to destroy an equity of redemption. Anderson v. Barr, 178 Okl. 508, 62 P.2d 1242, 1246. A termination of all rights of the mortgagor or his grantee in the property covered by the mortgage. The process by which a … Black's law dictionary
foreclosure — [[t]fɔː(r)klo͟ʊʒə(r)[/t]] foreclosures N VAR Foreclosure is when someone who has lent money to a person or organization so that they can buy property takes possession of the property because the money has not been repaid. [TECHNICAL] If… … English dictionary
foreclosure — The legal right of a lender of money if the borrower fails to repay the money or part of it on the due date. The lender must apply to a court to be permitted to sell the property that has been held as security for the debt. The court will order a … Accounting dictionary