Can the lender continue to collect late fees and interest during a foreclosure sale?
In Oklahoma, late fees and interest can still be collected during foreclosure proceedings, but the lender must comply with certain rules and regulations. First, the lender must proceed with caution and in compliance with state and federal laws. Once the foreclosure is initiated, any late fees or interest collected by the lender must be part of the foreclosure sale. The lender must publish a notice of the sale in the local newspaper and provide written notice to the borrower and other parties with an interest in the property. The foreclosure sale must occur within 60 days of the notice of sale being published. At the foreclosure sale, the lender can bid on the property in order to satisfy the debt secured by the lien. The foreclosure sale will include all late fees and interest that have accrued up until the date of the sale. The lender can also accept payment from a third party to payoff the debt, and the sale can be postponed or cancelled if the debt is paid. If the property is sold at the foreclosure sale, any late fees or interest collected by the lender are part of the amount due and can be added to the bidder who purchases the property. If the property is not sold, the debt is not extinguished and the lender can continue to collect late fees and interest. The lender will typically have the right to pursue other remedies, such as filing a deficiency judgment or a lawsuit against the borrower for the remaining balance.
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