| Answers |
How are mortgage liens treated in Vermont?
Vermont is generally known as alien theory state where the property acts as security
for the underlying loan. The document that places the lien on the property is called amortgage.
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How are Vermont mortgages foreclosed?
In Vermont, thelenders go to court in what is known as ajudicial foreclosure proceeding
where the court must issue a final judgment of foreclosure. The property is then sold as part of a publicly noticed sale.
A complaint is filed inSuperior Court along with what is known alis pendens. Alis pendens is a recorded
document that provides public notice that the property is being foreclosed upon. A variation ofjudicial foreclosure
is known asstrict foreclosure, which provides a more streamlined action and extinguishes any redemption rights.
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What are the legal instruments that establish a Vermont mortgage?
The documents are known as themortgage,note, and in a commercial transaction, asecurity agreement.
In Vermont, a lender can also use a power of sale foreclosure and this language would be contained in the mortgage. Sometimes
the mortgage document is combined with thesecurity agreement. Amortgage is filed to evidence the underlying
debt and terms of repayment, which is set forth in thenote.
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How long does it take to foreclose a property in Vermont?
Depending on theSuperior Court schedule, it usually takes approximately 210-230 days to effectuate an uncontested judicial
foreclosure. This process may be delayed if the borrower contests the action, seeks delays and adjournments of hearings,
or files forbankruptcy. The borrower has the right to cure certain defaults thirty (30) days after receiving a
default notice.
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Is there a right of redemption in Vermont?
Vermont has astatutory right of redemption, which allows a party whose property has been foreclosed to reclaim that
property by making payment in full of the sum of the unpaid loan plus costs. There is a time limit to undertake such
redemption, which is usually six (6) months. Older (pre-1968) mortgages have a one (1) year right of redemption.
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Are deficiency judgments permitted in Vermont?
Yes, adeficiency judgment may be obtained when a property in foreclosure is sold at a public
sale for less than the loan amount that the underlying mortgage secures. This means that the borrower still owes the
lender for the difference between what the property sold for at auction and the amount of the original loan.
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What statutes govern Vermont foreclosures?
The laws that generally govern Vermont foreclosures are found in Vermont Statutes, Title 12 (Court Procedure), Part 9
(Particular Proceedings), Chapter 163 (Chancery Proceedings), Subchapter 6 (Foreclosure of Mortgages). To view these
statutes on the Web, you can visit:
http://198.187.128.12/Vermont/lpext.dll?f=templates&fn=fs-main.htm&2.0
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