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"LAWCHEK� Wills & Estates"
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This is not a substitute for legal advice. An attorney must be consulted. "This work is protected under the copyright laws of the United States. No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner. Copyright � 2003 by LAWCHEK, LTD." |
| Can a spouse elect against a will in this state? |
Foreclosure is the legal or equitable enforcement of a mortgage, deed of trust, or other lien through legal proceedings or pursuant to a power of sale clause in a mortgage. Discussed here is a foreclosure of a mortgage or deed of trust. Foreclosure typically occurs when the mortgagor, or debtor, has defaulted or failed to perform an obligation imposed by the instrument such as a mortgage. In most states, a mortgagee may foreclose a mortgage through court proceedings or through sale of the mortgage, if the mortgage provides in writing for such a sale and the statutory written notice period is given to the mortgagor. The ability to foreclose a mortgage often is limited by state law. Foreclosure terminates the rights of the debtor/mortgagor in the real estate except for such statutory rights as redemption, mandatory mediation or other rights allowed by law. Once foreclosure has been accomplished and all the rights of the debtor/mortgagor in the real estate are extinguished, the mortgagee holds title free and clear of any claims by the mortgagor. Please see specific state for details and/or differences. Black�s Law Dictionary Fifth Edition. ALABAMA
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