Foreclosure Law Definitions

Foreclosure By Possession

In a foreclosure by possession, after a borrower defaults on a mortgage, the lender may recover possession of the property by:

• Obtaining a court order (Writ of Possession);
• Entering the property peaceably and if not oppose, in the presence of two witnesses and take possession of the premises; and
• By proper consent of the buyer and in writing. 

If the lender maintains possession peaceably for three years from the date of possession, the borrower loses all rights of redemption.

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