These days there seems to be a lot of talk about real estate foreclosures. In fact, in the year 2008 approximately 2,000,000 (that’s TWO MILLION) ARMs (Adjustable Rate Mortgages) will adjust… pretty staggering, isn’t it? And as they adjust, there will be some that simply cannot make the payments. For a multitude of reasons, people find themselves in this situation every day.
I am going to focus most of this week’s blog topics around foreclosures, short sales, being a seller, being a buyer, risks, pitfalls, upsides (if I can find any) and general information that is pertinent.
Today, let’s look at foreclosure. Foreclosure is a process the mortgage holder begins when payments are not made in a timely fashion. When you sat at the settlement table and signed documents, one of them outlined
where, when, how much and to whom payments would be made. It also went on to detail what would happen if you failed to make payments on time. Generally there is a curative period, in which all that is necessary is that you simply bring the payments current. Generally with only 1 missed payment, a homeowner is considered to be in default and they are sent a letter notifying them of the situation and the curative period begins. With the 2nd missed payment, a more urgent letter is sent by the mortgage holder and usually it’s at this time that the matter is turned over internally to the collections department. The lender cannot begin the actual foreclosure process until the stated curative period has passed.
Once it has passed, a “Notice of Default” is given to the homeowner letting them know that the note (mortgage) is now due and payable in FULL – so no longer do they need to merely bring the payments current – they need to repay the entire loan. Also, once this notice has been given to the homeowner, immediate power transfers to the trustee – or mortgage holder. Typically foreclosure sales occur within 3–6 months of the Notice being delivered. That’s QUICK!
So what exactly happens with a foreclosure sale? It is advertised in the
newspaper and sold at auction typically on the courthouse steps. There are certain terms that are not negotiable (such as necessary down payment and confirmed ability to complete the transaction in a fairly quick timeframe); the property is sold in as-is condition, and most often, sight-unseen. There is no “Regional Sales Contract” and very few, if any, protections for the buyer. In fact, there may be outstanding tax liens on the property that the buyer may or may not be aware of. Pretty scary!
Generally foreclosure sales are purchased by investors, not someone looking for a home. It’s a tough process – not one I would want to represent a buyer for!
There are a lot of “listings” today in the MLS for what we refer to as or think of as foreclosures – but in fact, those are short sales and THAT will be our topic for tomorrow.
If you’d like more information, want to chat or are looking to sell your home and/or buy a new one – please give me a call. All indications are that interest rates have stabilized on a slight down-tick, inventory is plentiful, sellers are negotiating (they’re not giving their homes away for free, but there are fair prices to be paid and fair deals to be made) so pick up the phone and give me a call anytime!
Again, stay tuned for Part II tomorrow where we’ll wrap up definitions before heading into the reasons why or why not you might be interested in participating in one of these types of sales.
Happy Monday!
Jennifer











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