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Differences between Foreclosure and Repossession

Posted on 07 June 2009

If you have dealt with property loans and their procedures before or anytime soon, you might have heard or come across the words repossession and foreclosures. Many of us think that these words meant the same, where the creditor taking back the property if one is not being able to make the expected loan payment.

Yes, it is a matter of taking away the right to possess the property since a debtor cannot afford to pay for it, but there are differences between the two terms mentioned earlier. Repossession can be a more ideal approach if a debtor opted that approach. It is when the creditor without the need of court order repossesses the property of a debtor failing to repay his or her loan, then selling the property to aid in repaying the leftover sum of the debt. The good part is that the debtor can still have the remaining balance if the sale price of the property is more than the debt he or she owes the bank or financial institution.

Inversely, foreclosure requires a court order. It involves taking away the property and selling it, whereby the proceedings will all go to the creditors themselves without a single cent is going back to the debtor. Fortunately, if one is to give a reasonable explanation to the court, one can have the repossession suspended for a period of time so that the debtor can find an alternative place to reside in, at least a place for them to have shelter.

It is important to know the differences between these two terms as many people misunderstand them as a “forced take back” of their property thus making them panic. It is recommended that a debtor should discuss the matter closely with their creditor so that they can know more about their options when it comes to financial problems.

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