FORECLOSE

foreclose,vb. To terminate a mortgagor’s interest in property; to subject (property) to

foreclosure proceedings. [Cases: Mortgages 320.C.J.S. Mortgages §§ 490–491, 495, 559, 568.]

“Should the mortgagor default in his obligations under the mortgage, the mortgagee will seek

to ‘foreclose’, — i.e., ‘end’ or ‘close’ the mortgagor’s rights in the security. After taking the

appropriate statutory steps, the mortgagee will sell the mortgaged property. If the sale is to

someone other than the mortgagor or the mortgagee (a ‘third party’ sale) the proceeds will go: first,

to pay the costs of the foreclosure proceedings; second, to pay off the principal indebtedness and

accrued interest; third, if there is anything left over (i.e., any ‘equity’ existed) this is paid to the

mortgagor.” Edward H. Rabin, Fundamentals of Modern Real Property Law 1087 (1974).[Blacks Law 8th]