Foreclosures

Short Sales Vs Foreclosures Vs Traditional sales

We need to understand that while the current economy is really a “Tale Of Two Cities” in that some people have no idea we are in a recession whereas others are in deep pain, the real estate market as a whole is being impacted by distressed properties. Based on the current backlog of homes, it may be this way for some time. That being said, why are short sales being embraced by everyone as the most economical way to move markets forward? When you look at a comparison of the loss incurred by the lender, you will see that losses are generally worse with a foreclosure. Larger losses via lower sales prices ultimately impacts everyone who is buying, selling or refinancing. I have a report and flyer I’d like to share. Both provide you with opinions and resources so you can draw your own conclusions. Solving the housing problem starts with understanding the problem as well as exploring viable solutions.

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Foreclosures

Short Sales, Foreclosures, Bankruptcies, Judgements All in one Transaction

I just had a short sale blow up because of undisclosed tax liens and judgements. The title couldn’t be cleared and we ended up with a mess. Everyone involved has to dismantle and start over again. I couldn’t help but be disappointed. But, in today’s real estate world this is common. It is all about attitude. When life throws you lemons, learn to make lemonade. Yes, it is more complicated than that. Take a look at this video and share it with someone who may have had a set back. It is really powerful and inspirational

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Foreclosures

Lenders Are Halting Foreclosures-Temporarily

Not all lenders, but a few of the largest-including Bank Of America- have recently suspended foreclosures in all 50 states. What will be the outcome and when will they move forward again with the process? It is all an unknown at this time. What we do know, is that they may not have processed the paperwork properly. Now, it appears they will be reviewing everything twice before they go forward. Ultimately, the end result will probably end with the home being foreclosed upon if the homeowner is actually behind and there hasn’t been a modification. But for many, this reprieve will probably be a nice relief in this tough economy. Here is a link to a recent article from our local paper http://www.startribune.com/business/104612084.html?page=3&c=y

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Foreclosures

Timeline For Foreclosure – All 50 States

By John C Hanlin

The #1 thing that most real estate investors and homeowners facing foreclosure want to know is: “what is the timeline for foreclosure?” In other words: “how long does it take?” The answer is that the mortgage foreclosure process and timeline varies from state to state. This article provides the information and resources that you will need to find out the foreclosure laws, procedures and timelines for all 50 states.

As mentioned, each state will typically have a different set of rules and a different timeline for foreclosure.

• 20 states utilize only “Judicial” Foreclosures.
• 5 states and the District of Columbia utilize only “Non-Judicial” Foreclosures.
• 25 states utilize both Judicial and Non-Judicial Foreclosures.##

## Of the 25 states utilizing both types of foreclosure, Non-Judicial Foreclosures are more common. In fact, Non-Judicial Foreclosure is the most commonly used form of foreclosure nationally.

I. JUDICIAL vs. NON-JUDICIAL FORECLOSURES:

The primary difference between the two classes of foreclosure is the involvement or non-involvement of the court system. As you might have guessed, Judicial Foreclosures are processed through the courts. Non-Judicial Foreclosures are not.

Regardless of the type used, the timeline for foreclosure is always preceded by a borrower defaulting on their mortgage payments. Most lenders typically won’t threaten homeowners with foreclosure until two or three payments have been missed. However, once the lender concludes that the mortgage is in default and the homeowner is not going to catch up on their overdue payments, a legal filing is made by the lender and the timeline for foreclosure begins.

A. JUDICIAL FORECLOSURES:

In a Judicial Foreclosure, the lender files a formal complaint with the court and records a legal notice of “Lis Pendens”. The complaint must state the details of the debt and why the lender should be allowed to foreclose on the property. The Lis Pendens gives public notice that the house is the subject of foreclosure proceedings and implements the legal timeline for foreclosure.

If the court rules that the debt is legitimate and in default, it will send a notice to the homeowner demanding payment of the amount owed (plus penalties and foreclosure costs). The borrower is typically given 30 days to respond and satisfy the debt. If they do not, the court will tender a judgement in favor of the lender, instructing that the home will be sold at a “Sheriff’s Sale” auction.

After the judgement is entered, in most states that utilize Judicial Foreclosures, the homewner has about 90 days prior to the Sheriff’s Sale to pay the entire amount owed and stop the mortgage foreclosure process. There are other alternatives that could stop the timeline for foreclosure during this 90 day period:

• Negotiate a “Forbearance Agreement” with the lender that revises the loan terms to the satisfaction of both parties. (Most lenders do not want to foreclose because it can cost them a lot of money.)
• Sell the home.
• Refinance the loan.
• Declare bankruptcy.

If the mortgage foreclosure process isn’t stopped, the property goes to a “Sheriff’s Sale” where it is auctioned off to the highest bidder and extinguishes all rights of ownership of the defaulting homeowner. If noone purchases the property at the auction, the title to the home reverts to the lender and it becomes what is known as an “REO Property”. This stands for “Real Estate Owned” (by the bank or lender).

How long does the Judicial Foreclosure process take?

This is almost impossible to predict. The judicial timeline for foreclosure is entirely driven by the court schedule and literally “at the mercy of the court”. However, most experts will agree that Judicial Foreclosures can often take more than a year to complete.

Important Note: Even after a home has been sold at the Sheriff’s Sale, some states will allow an opportunity for the homeowner to regain ownership of their home. This is known as a “Redemption Period” and is a period of time after the mortgage foreclosure process has been completed. Even though the property now will have a new owner, the former homeowner can still reclaim title to their home by paying off the full amount of their original home mortgage plus penalties and foreclosure costs.

B. NON-JUDICIAL FORECLOSURES:

Also known as “Power of Sale” Foreclosures, Non-Judicial Foreclosures are conducted outside of the court system by either a third party “Trustee” or an attorney. This mortgage foreclosure process is used when a “power of sale clause” exists in a mortgage or deed of trust. This clause states that the borrower agrees to the sale of their property to pay off the balance of their home loan in the event of a default.

As with Judicial Foreclosures, most lenders will not begin the Non-Judicial Foreclosure process until several payments have been missed and they are convinced that the homeowner is not going to catch up on their overdue payments. However, once the lender determines the borrower to be in default, a legal filing is made by the lender and the timeline for foreclosure will begin. This filing is known as a “Notice of Default” (NOD).

After the NOD is filed, the homeowner typically has a 90 day “Reinstatement Period” to catch up on missed payments and stop the foreclosure before the lender can take further action. There are other alternatives that could stop the timeline for foreclosure during the Reinstatement Period:

• Negotiate a “Forbearance Agreement” with the lender that revises the loan terms to the satisfaction of both parties. (Most lenders do not want to foreclose because it can cost them a lot of money.)
• Sell the home.
• Refinance the loan.
• Declare bankruptcy.

If the borrower remains in default at the end of the Reinstatement Period, a “Notice of Trustee’s Sale” will be filed with a date and time posted for an auction sale of the property. After the Notice of Trustee’s Sale is recorded, the homeowner typically has another 21 days before the auction date. During this period, the borrower can still stop the timeline for foreclosure with any one of the alternatives mentioned above in the Reinstatement Period.

If the mortgage foreclosure process isn’t stopped, the property goes to a “Trustee’s Sale” where it is auctioned off to the highest bidder and extinguishes all rights of ownership of the defaulting homeowner. If noone purchases the property at the auction, the title to the home reverts to the lender and it becomes what is known as an “REO Property”. This stands for “Real Estate Owned” (by the bank or lender).

Important Note: Similar to Judicial Foreclosures, after a home has been sold at the Trustee’s Sale, some states will allow an opportunity for the homeowner to regain ownership of their home. This is known as a “Redemption Period” and is a period of time after the mortgage foreclosure process has been completed. Even though the property now will have a new owner, the former homeowner can still reclaim title to their home by paying off the full amount of their original home mortgage plus penalties and foreclosure costs.

THE BOTTOM LINE:

Regardless of the mortgage foreclosure process used, it is very important to know the laws and procedures for your particular state. To help with that, here is a link to the Foreclosure Process: All States.

ABOUT THE AUTHOR:

The author, John Hanlin, recently published the HOT NEW E-BOOK: “The LazyMan’s Guide to Understanding Foreclosures & REO Property Investment”. Click here for info.

Mr. Hanlin is an Independent Investors’ Consultant who provides FREE investment advice on his website:
http://www.JohnHanlin.com where you can sign up for a copy of his FREE Special Report: “The Safest High Yield Investments You Can Make Today”.

You have full permission to reprint this article provided it is kept unchanged and all author information above remains intact.

Article Source: http://EzineArticles.com/?expert=John_C_Hanlin
http://EzineArticles.com/?Timeline-For-Foreclosure—All-50-States&id=3070758

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Foreclosures

Foreclosure Sales – A Real Estate Agent Can Help

Today you’ll find that there is a lot of money that you can make by going to foreclosure sales and purchasing them to sell again and make money. This is one great way that many investors make their money today. Although some of these properties are considered to be distressed properties, you’ll find that they are worth investing in. In fact, many investors make their money just from investing in bank foreclosures. So let’s take a look at how you can find foreclosure listings and how to find a great foreclosure real estate agent that can help you to find the listings that you want and need.

Finding Foreclosure Listings

Sometimes you’ll find that finding foreclosure listings is the tough part when you want to invest in foreclosures. Although there are many foreclosed homes out there today, just finding good ones to invest in can often be a problem. So, how can you find bank foreclosures and bank owned properties? Well, here are a few ways that you can find some great foreclosure sales and listings to invest in.

• Searching Online - One great way that you can find foreclosure listings is to take a look at the foreclosure websites that are available on the web today. Just looking online is a great way that you can find out about foreclosure homes in your area and REO properties as well. Although it will take a bit of time on your part, you’ll definitely find that this can be a great way to find the foreclosure properties that you are looking for.

• Looking Through Public Records – Looking for public records can help you to find out about foreclosure sales that are available in your area as well. Foreclosures have to be listed on the public records and you can easily find them through this venue.

• Local Newspapers – Another way to find great foreclosure listings it to take a look at your local newspapers. Most of the time bank sales and foreclosure sales are listed in local newspapers and you’ll be able to find out about them before they happen quite easily this way.

• Using a Real Estate Agent – Using a real estate agent is probably one of the best ways that you can find foreclosure lists to help you find great foreclosures to invest in. Going with an agent that is in your local area is an excellent idea and they can provide you with various services, such as an MLS foreclosure search, first hand knowledge of foreclosure sales, and even information about pre foreclosures where you may be able to purchase a property through a short sale.

Tips for Finding the Best Foreclosure Real Estate Agent

Of course if you are going to go with a real estate agent to help you find good foreclosure listings, you’ll want to find the best foreclosure real estate agent possible. This is very important if you want to succeed at investing in foreclosure properties. So, here are a few tips that will help you to find a top quality agent that is skilled in handling foreclosures.

• Tip #1 – Look for Agents in Your Area – First of all, you’ll want to make sure that you look for agents in your area. This is important because you’ll want to go with an agent that is familiar with the local market and any local foreclosure sales that will be going on. An agent in a town 100 miles away may not be able to provide you with the help that you need.

• Tip #2 – Make Sure They Have Experience with Foreclosures – You’ll also want to make sure that you go with a real estate agent that has experience with foreclosures. Investing in foreclosures is not easy and it takes experience. The last thing you need is a real estate agent that doesn’t even know how to do a MLM foreclosure search for you. So, if you want a great agent that will help you out in this area of investing, make sure that the agent has experience with dealing with foreclosure properties.

• Tip #3 – Ask for Referrals – Asking for referrals is a great idea as well when you’re trying to find the best foreclosure real estate agent. Take the time to ask other foreclosure investors about the agent that they work with. If you have an agent in mind, ask that agent for some referrals that will give you an opinion of how they work with foreclosures. A good track record will speak for itself.

• Tip #4 – Look at Foreclosure Signs – If you’re out looking for properties that are being foreclosure on, then take a look at the foreclosure signs that you see. Take note of names and numbers of the real estate agents that are handling these foreclosure sales. This will give you some ideas of real estate agents in your area that work with real estate foreclosures already.

• Tip #5 – Get Recommendations from Other Professionals – Getting recommendations from other professionals is a great idea as well. Talk to other investors and find out who they use when they are dealing with foreclosure listings. Usually other real estate investors will be able to help you find the best foreclosure agents around that can help you to find great foreclosure listings so you can make money investing in foreclosures.

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Foreclosures

Third Party Advocates You Need To Know If You Are Foreclosure

If you are facing foreclosure, it can often feel as though your life is falling apart around you.  The truth is that with more and more households looking at the specter of foreclosure and with the current economic climate making this a frightening reality, this may well be something that you need to consider.  The problem that many people run into when they are facing foreclosure is that they feel that they are facing it alone.  If you are the prime breadwinner in your home and if you are the one who is making all the financial decisions, you’ll find that there actually is help out there.

Stress can be something that is very loud, and one of the most harmful things that getting overwhelmed with an imminent foreclosure can do is that it can convince you that there is no one out there that can help you.  No matter what stage you are at when it comes to your foreclosure and no matter what situation pushed you to this point, there is help available, and there are many people who are willing to give you the resources that can help make foreclosure much less painful or even stop it from happening at all.

When you are in a place where you need to think hard about foreclosure, make sure that you think about some of the following resources.  Take some time to really consider what your options are and see what these third party advocates can do to help you recover and get back to a more financial and secure place.  There are definitely actions that they can take that can help you a great deal, and you will also find that you are going to be in a place where they can show you what the next step can be.

The HOPE NOW Alliance

With the HOPE NOW Alliance, you’ll find you can have access to counselors, mortgage companies, investors  and other mortgage market participants.  These professionals are all dedicated towards helpin you keep your home, and essentially, this group was designed with that idea in mind.  They take a great deal of time in order to reach out to homeowners who are in distress.  Essentially, they can help you stay in your home and they will work with you so that you have a good plan that allows you to do so.  The HOPE NOW Alliance is specifically designed to give people options and choices and when you are facing a foreclosure, you may feel that you are in place where you have none.  The Department of the Treasury and the U.S. Department of Housing and Urban Development  both encouraged the forming of this alliance and its efforts.

The Homeownership Preservation Foundation

Another resource that you have to look at when you fear foreclosure is the Homeownership Preservation Foundation.  The Homeownership Preservation Foundation is essentially a counseling service that is designed to help you work towards finding a solution.  The entire mantra of this foundation is that the sooner you call, the better off you are going to be when it comes to keeping your home.  The site reminds you that you are not alone, and that there are millions of people who have problems with their mortgage every year.  The Homeownership Preservation Federation has been helping people find ways to keep their homes since 2002, and they have provided more than 300,000 people with help and education in this regard.  Their goal is to help you avoid foreclosure, and they are listed as an independent provider of HUD approved counselors.

Local Religious Groups

One part of dealing with foreclosure is going to be dealing with the stresses and the fears, and because of this, you may wish to take a look at the resources that are available to you at your local religious organization.  Not only will you be making sure that you are connecting with your community, they may be able to put you in touch with local resources or advocates that advertise only within your area.  Don’t underestimate the simple effect of being able spend your time speaking with someone who will not judge you.  Consider what your life is like, and consult with the local religious figure in your area. Even a small measure of peace can go a long way towards helping you deal with the problems that you are facing.

For Profit Companies

When you are in a place where you need to think about foreclosure, you will also find that there are a number for profit organizations that will negotiate on your behalf.  Take some time and do some research; you’ll find that there are many organizations which are dedicated towards helping you figure out your situation and even negotiating with the banks on your behalf.  While these companies do require payment and they have fees, you will find that it can be helpful to get in touch with a service that will go to bat on your behalf when it comes to how you are going to be able to talk with your bank.  Consider what your options are going to be for payment, and you may find that looking into for profit companies can go a long way towards getting you out of your foreclosure needs.

Do not let your fear of foreclosure keep you from seeking help.  There are many resources that are available to you when you are looking at getting your needs taken care of, and at the end of the day, the faster you consult with them, the better off you are going to be  Consider the resources above, and make sure that you understand what is available.

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