Homeowners should first violate the signed deed of trust or mortgage before any lender can make foreclosed properties. One way to violate this deed of trust is to default on monthly mortgage payments. This is the most common violation committed by homeowners facing the threat of foreclosure.
However, just because a borrower is 30 days behind on his monthly payment does not mean lenders can start a foreclosure. A lender is required to contact the borrower first, either by telephone, letter or email, to inform him of his overdue payment and encourage him to immediately fulfill his obligation.
Usually, lenders will try to persuade or coerce the borrower for about three months before they start the first step towards foreclosure. A notice will be sent to the borrower 30 days after he defaulted on his monthly payment.
Under a law applied to foreclosed homes after August 2008, lenders must send another notice to the borrower 30 days before they file the necessary documents with the office of the Public Trustee. Lenders are also required by law to include in the notice contact information of agencies that a borrower can call and ask regarding his case.
This notice will also inform the borrower clearly that failure to make payments puts his case in acceleration. The acceleration clause is written on all deed of trust and promissory notes signed by the borrower when he took out the loan. Signing these documents means the borrower promised and is obliged to pay back the loan by sending an agreed amount to the mortgage lender each month.
The acceleration clause states that if a borrower miss even just one payment, the entire remaining amount of the loan becomes due immediately. The amount due includes the unpaid loan balance, lender’s cost and expenses and attorney’s fees.
This clause is an attractive remediation for lenders but a death trap to homeowners who want to save their properties from foreclosure.

HUD Fair Housing Equal Opportunity


