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Document Type: | General |
Edited By: | Suneela Farooqi |
Foreclosure by judicial sale more commonly known as judicial foreclosure means the sale of mortgage property under the supervision of court with the proceeds going first to satisfy the mortgage, the other lien holders and finally the mortgagor/borrower if any proceeds are left. In Pakistan the right to foreclosure is defined under the head of rights and liabilities of mortgagee. The relevant section 77 of Transfer of Property Act 1882 says that the mortgagee has at any time after the mortgage money has become due to him and before a decree has been made for the redemption of the mortgaged property or the mortgage money has been paid or deposited, a right to obtain from the court a decree, that the mortgagor shall be absolutely debarred of his right to redeem the property or a decree that the property be sold, such a suit is called as a suit for foreclosure.