What is the legal process by which a lender takes possession of a property due to nonpayment?

The legal process by which a lender takes possession of a property due to nonpayment is foreclosure. This procedure allows a lender to recover the amount owed on a defaulted loan by forcing the sale of the asset used as collateral for the loan, typically a home.

Foreclosure occurs when a borrower fails to make required mortgage payments, prompting the lender to initiate legal proceedings to repossess the property. This process can vary by state, but it generally involves notifying the borrower of the default, giving them a chance to catch up on payments, and, if that fails, proceeding with the sale of the property through auction or other means.

In contrast, a short sale involves selling the property for less than the amount owed on the mortgage, with the lender's approval, and typically requires the property to be sold before foreclosure is initiated. Title insurance is a separate matter that protects against losses due to defects in the title of the property. Liquidated damages refer to a pre-determined amount of money that must be paid if a party fails to fulfill a contract, which is unrelated to the process of reclaiming a property post-default.