Foreclosure Glossary

The foreclosure world runs on jargon. Here are the terms you will meet in notices, court papers and listings, defined in plain English.

Acceleration

The lender’s demand, allowed by most mortgages after default, that the entire loan balance — not just the missed payments — be paid. A breach letter usually warns that acceleration is coming.

Arrears

The total amount past due: missed payments, late fees, and sometimes lender-paid taxes, insurance and legal costs.

Auction / Trustee’s Sale

The public sale of the property, conducted by a trustee, sheriff or online platform, to the highest bidder.

Breach Letter

The notice the lender must usually send before accelerating the loan, stating the default and giving a deadline (often 30 days) to cure it.

Cash for Keys

An agreement where the lender (or buyer) pays the occupant to move out by an agreed date and leave the property in good condition, instead of going through eviction.

Deed in Lieu of Foreclosure

The borrower voluntarily transfers the property to the lender to satisfy the debt and avoid a completed foreclosure.

Default

Failure to meet the loan’s terms — most often, missed payments. Also the legal state a loan is in once the borrower is behind.

Deficiency

The amount still owed after a foreclosure sale if the sale price was less than the debt. In some states the lender can sue for it (a deficiency judgment); others restrict or ban it, especially after non-judicial sales of owner-occupied homes.

Equity

The part of the home’s value the owner actually owns: market value minus everything owed against it.

Forbearance

A servicer agreement to temporarily reduce or pause payments. The amounts are repaid later; they are not forgiven.

Foreclosure

The legal process by which a lender forces the sale of a property securing a defaulted loan.

Judicial Foreclosure

Foreclosure conducted through a court lawsuit, required in roughly half the states.

Lis Pendens

“Suit pending” — a recorded notice that a property is the subject of a lawsuit; how judicial foreclosure becomes public record.

Loan Modification

A permanent change to loan terms (rate, term, balance structure) to make payments affordable and cure the default.

Loss Mitigation

The umbrella term for servicer workout options: reinstatement, repayment plans, forbearance, modification, short sale and deed in lieu.

Non-Judicial Foreclosure

Foreclosure conducted by a trustee under a power-of-sale clause, without a court case, where state law allows it.

Notice of Default (NOD)

The recorded notice that formally starts non-judicial foreclosure, stating the default and the amount needed to cure.

Notice of Trustee’s Sale (NOTS)

The recorded notice setting the date, time and place of the auction, published after the reinstatement period expires.

Pre-Foreclosure

The period between the first formal notice (NOD or court filing) and the auction, when the owner can still cure, work out, or sell the home.

Redemption Period

In some states, a window after the sale during which the former owner can reclaim the property by paying the sale price plus costs and interest.

Reinstatement

Curing the default by paying all arrears, fees and costs before the deadline, restoring the loan to normal status.

REO (Real Estate Owned)

Property the lender took back at auction and now owns and resells.

Servicer

The company that actually collects your payments and manages the loan day to day — often not the company that owns the loan.

Short Sale

A sale for less than the amount owed, with the lender’s approval, before foreclosure completes.

Please note: TheForeclosures.com provides general educational information about foreclosure, pre-foreclosure and mortgage default. It is not legal, tax or financial advice, and it is not a substitute for a licensed attorney, a HUD-approved housing counselor, or your loan servicer. Foreclosure law and timelines vary by state and by loan. If you are facing foreclosure, act quickly — deadlines in notices you receive are real, and free help is available from HUD-approved counselors at 1-800-569-4287.