when do lenders issue a writ of seizure and sale 
a writ of seizure and sale can t be obtained by a creditor if the borrower has only a few missed payments instead it s an aggressive move that is made when a borrower has ignored all other attempts at collection and the debt is in default default is the failure to pay back a loan or debt usually a loan is in default when a borrower misses payments or stops making payments if a property is seized and auctioned off to another buyer the borrower no longer owns the property and is evicted from the house following the sale if a creditor can t work out a payment plan with a borrower a writ of seizure is obtained a judgment creditor is entitled as a right without the leave of the court and without notice to the judgment debtor to issue execution however the court has power in certain circumstances to stay such execution if the property is seized and auctioned off to another buyer the borrower no longer owns the property and is evicted from the house following the sale seized properties are often sold at a low price to quickly recoup some of the losses incurred by the lender it s quite possible the bank or lender could take a loss on the property when considering the difference between the original mortgage loan amount and the sale price after foreclosure therefore it s best for both parties if borrowers work out a deal with their lender to avoid foreclosure and a writ of seizure and sale 