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Foreclosure

Foreclosure is the termination of all rights of a mortgagor or grantee in the property covered by a mortgage. Statutory foreclosure is effected without recourse to courts but must conform to laws (statutes). Strict fore-sure forever bars equity of redemption (the right of a mortgagor to "cure" his or her default by making delinquent payments).

The foreclosed property may be sold to satisfy a debt. If a foreclosure sale fails to repay the debt, the creditor may obtain a deficiency judgment (judgment for an amount not covered by the value of security put up for a loan).

A secured lender may pursue judicial foreclosure in any court with jurisdiction over the parties. Generally, foreclosures of security interests governed under Article 9 of the Uniform Commercial Code take place in state court unless the government is a party.

Source: "Manual of Credit and Commercial Laws," edited by Charles M. Tatelbaum and John K. Pearson, available at the NACM Bookstore.

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