Mortgage Foreclosure

Foreclosure is the enforcement of a mortgage lien by judicial sale of the property. A mortgage lien is created when there is a loan contract for money borrowed under a note. This loan is secured by the mortgage lien upon real property. When the debt is not paid according to the loan contract terms, or when other contract terms are violated, the lender can pursue its lien on the property.

To enforce its mortgage lien, the lender must first file a foreclosure suit, prove its case, and obtain a final judgment. After entry of the foreclosure judgment, the note is cancelled and the lender is entitled to have the property sold and the proceeds applied to the foreclosure judgment. Upon issuance of the certificate of title, the purchaser acquires the right of possession which is enforceable by writ of possession.