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Can you get your house back after foreclosure?

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Foreclosure can be a complicated process. It can be hard to know what steps your lender may take against you, and if it’s possible to resolve the situation.

Generally, your lender may begin legal proceedings to take possession of your home if you are in default of the mortgage by failing to make repayments. Before foreclosing on your home, your lender must also have served you a default notice in writing requesting payment according to your loan agreement before the foreclosure process can begin.

This means that it may not be possible to regain your home after foreclosure unless you are able to repurchase or refinance it before it is sold to the public or have the extra cash to buy it when it’s being sold.

Read on below to find out about the foreclosure process, and being able to get your home back after foreclosure.

What is foreclosure?

When you take out a home loan, your house is held by your lender as security. This means that your lender can repossess and sell the house if you fail to make repayments according to your loan contract. Foreclosure refers to the process when a lender takes possession of a property and sells after the homeowner fails to make their mortgage repayments.

Generally, the lender repossesses the property to try and recover any money owing on the loan. Usually, foreclosed properties are either sold at an auction, or sold directly by the lender.

If you fail to make your repayments, your lender may eventually start action to repossess your home.

What is the process of a foreclosure?

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There are a number of steps that your lender must take before your home can be foreclosed. These may include:

  • Sending a default notice – If you fail to make your repayments, the lender can send you a default notice. This means that you will have at least 30 days to pay back your missed repayments, plus the regular repayment on your loan.


  • Sending a summons – Generally, if you fail to make your repayments within 30 days of receiving the default notice, your lender may serve you with a Statement of Claim or a summons. If you receive a summons, you may be given a certain number of days to either file a defence or go to court etc. If you don’t respond to this notice, your lender may then begin legal action to foreclose on your home.


  • Getting a court order – If your lender is granted a court order to repossess your home, you may receive a Notice to Vacate. This means a sheriff may evict you from your home and change the locks. Your lender then may sell your home to make up for any financial losses and could make a claim to sell your other assets.

Can I get my home back after foreclosure?

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Generally, it may be hard to get your home back in your possession after it’s been foreclosed on. Since foreclosure is the process of selling your home to cover debts, it may be unlikely that you would be in a position to have extra funding to buy back your house once your lender has put it on the market.

However, you may be able to repurchase your home back at a later date, once your debts have been repaid and if you can get approved for another mortgage.

How can J Daniels & Associates help me?

J Daniels & Associates has more than 40 years’ experience and has helped 1,000’s of people successfully.

We advocate on our clients’ behalf with banks and creditors in order to stop home repossession, as well as helping to stop those in bankruptcy situations from being harassed by creditors. You shouldn’t have to live in constant fear, and that’s where we can help.

We aim to provide support services to those who do not know where to look, or who are confused about where to turn during the bankruptcy process. Our helpful advocates can assist you when you need it the most. We are able to give you confidential help, expert debt guidance and help you to find a personalised solution.

We don’t have any hidden fees, so you won’t have to worry about any nasty surprises. In addition to helping you to improve your financial situation, we can assist you in finding a solution to your mortgage issues. If you’re in need of help and support, give us a call today for your free consultation.

*Disclaimer: This article contains general comments and recommendations only. It is not intended to be and should not be construed as legal advice. This article has been prepared without taking account of your objectives, financial situation or needs. Before taking any action, you should consider the appropriateness of the comments made in the article, having regard to your objectives, financial situation and needs.

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