Foreclosure Trends

Lisa Nichols asked:


Stay safe by avoiding home foreclosure scams. When a home foreclosure is imminent, it’s easy to be swayed by last-minute offers or promises to save a home. However, it’s important to realize that there are a number of home foreclosure scams that will only make the problem worse. Avoid scams by knowing what to look for and what to avoid.

Foreclosure Specialist Scams Targets People in Danger of Losing Their Home

In one home foreclosure scam, a “foreclosure specialist” will visit homeowners and claim they can save their homes if the homeowners sign over the deed to the house. The specialists claim that they will negotiate with the mortgage lender on the homeowners’ behalf to avoid foreclosure. Unfortunately, these criminals will evict the homeowners once they have ownership of the deed. Proving that someone was a victim of the foreclosure specialist scam can take months or years in court, while costly legal fees continue to accrue.

Phony Foreclosure Con Artists Claim They Can Help Homeowners

Another type of foreclosure con involves companies that convince homeowners to turn over their home ownership to the company to save their home. The foreclosure companies offer to lease the home back to the customer and promise them an opportunity to buy back the home in the future. This foreclosure con is especially appealing to homeowners as it allows them to stay in their homes while they earn the money to regain home ownership. However, the lease to own option doesn’t come to fruition and the foreclosure company takes ownership of the home.

Foreclosure Counselors Charge High Fees, Don’t Save Homes

In another variation of the home foreclosure scam, someone claiming to be a foreclosure counselor offers to save a home if the homeowner pays an expensive one-time fee. After the homeowner pays, the “counselor” takes off with the money, leaving the homeowner in even worse danger of home foreclosure than before.

Avoid Foreclosure Scams with Tips to Stay Safe

Before dealing with anyone claiming to be a foreclosure counselor or specialist, find out more about their credentials. Check references and ask about association memberships and licensing. State licensing can be verified, usually online, and association memberships and references can be verified with a couple of phone calls. Foreclosure counselors, specialists or consultants usually only charge a small fee or no fee to help homeowners avoid foreclosure. Being tapped for a hefty fee is a sure sign that it’s a scam.

Get quotes for home equity loans and home refinance loans from reputable lenders you can trust at LowerMyBills.com. LowerMyBills.com lets you compare rates from multiple lenders so you know you’re getting the best deal.



EDWIN

Malik Ahmad Attorney at law asked:


Challenging Wrongful Foreclosure in Nevada

 LAW OFFICE OF MALIK W. AHMAD

ATTORNEY AT LAW

 

(702) 270-9100

 

WWW.FASTBANKRUPTCYNEVADA.COM

 

WWW.MYMALIKLAW.COM

 

Foreclosures are on the rise and in fact the largest in United States according to the latest statistics. Where ever two or more people get together they are discussing economy or foreclosure in Nevada, and especially in Las Vegas. This is a brief guide for lay persons about how to challenge foreclosure successfully, a feat that is possible though difficult. However, this memo is not a substitute for legal assistance, which is usually essential in this complex area of the law. Please get a proper legal help from a licensed and qualified attorney in Nevada as well as in Las Vegas. Also, be very suspicious of agencies or people who are calling from outside Nevada, with a different area code. Ask them first question what is the name of their attorney and his date of admission and possibly if you can speak to him directly. Please under no circumstances give any information to them.

This memo is divided into the following parts:

• Filing Bankruptcy before Foreclosure Occurs

 

• Suing to Enjoin Foreclosure before It Occurs

 

• Suing to Set Aside a Foreclosure that Has Already Taken Place

 

• Filing a Counterclaim in the Detainer Action after Foreclosure Has Occurred

 

• Filing Bankruptcy after Foreclosure

 

• Procedural Grounds for Challenging the Foreclosure

 

• Substantive Grounds for Challenging the Foreclosure

Filing Bankruptcy before Foreclosure Occurs

 



 

This is often the shortest and simplest procedure. It has the following advantages: a bankruptcy filing automatically prevents foreclosure temporarily and sometimes permanently; you have the opportunity to cure a default in your payments by paying the delinquent amount in installments over a reasonable period; you may be able to reduce or eliminate the fees of the lender’s attorney; and you may be able to avoid interest on the amount you are delinquent (though not interest on the loan itself).

Generally, you will need a lawyer in bankruptcy. You must file before the foreclosure sale takes place, a time that usually is only 20 or so days after the foreclosure process starts with a letter to you or a notice in a newspaper.

Suing to Enjoin Foreclosure before It Occurs

 



 

To obtain an injunction, you must file a complaint in a court. You will need a lawyer. The process is made more arduous by a requirement that you give five days’ notice to the lender before seeking to enjoin the foreclosure. This reduces the 20-day period to 15 days for acting.

 

Temporary injunctions require a “clear” showing of “immediate and irreparable injury, loss or damage” or “that the acts or omissions of the adverse party will tend to render [the] final judgment ineffectual.” Judges take this requirement seriously.

 

The most difficult requirement of all may be the need to give a bond “in such sum as the court … deems proper” unless you successfully obtain permission to bring the action as an indigent person. A homeowner with only modest amounts of other assets and income may be unable to qualify as indigent and may also be unable to find anyone willing to provide a bond, especially one on short notice.

Suing to Set Aside a Foreclosure that Has Already Taken Place

The grounds for setting aside a foreclosure are limited to “some evidence of irregularity, misconduct, fraud, or unfairness on the part of the trustee or the mortgagee that caused or contributed to an inadequate price.” Defenses like the absence of a delinquency or violations by the lender of federal or state commercial law may not be raised.

You have the burden of proof in a lawsuit to set aside a foreclosure. Damages are the only remedy. There is nothing to prevent a third-party purchaser from keeping your house even if he knows of your claim against the lender and even if he believes that your claim is meritorious.

Filing a Counterclaim in the Detainer Action after Foreclosure Has Occurred

Foreclosure may be challenged by a counterclaim when the lender (or other new owner of the property) seeks possession by a “detainer” action. It is better to file the counterclaim in writing, and the grounds for doing so are discussed below. It is preferable that you use a lawyer to assist you, but most persons do not.

There is an initial problem. A statute says: “The estate, or merits of the title, shall not be inquired into” in a detainer action. Lenders may assert that a wrongful foreclosure may not be challenged even when the parties are before the court on the issue of possession, the right to possession is necessarily founded on ownership, and ownership depends on the lawfulness of the foreclosure. In our view, the statute disallows only attacks upon title based on transactions prior to the creation of the deed of trust. We also believe that the statute is inapplicable to counterclaims seeking to set aside a foreclosure, even if it bars defenses to the detainer action.

Not every new owner is successful in obtaining possession. It may overlook the proof that is necessary to show that it the foreclosure was conducted properly and that it was entitled to foreclose – things like affidavits or testimony showing that you did not make timely payments. You may and should contest every assertion made by the new owner, even if you do not have a lawyer. The new owner has the burden of proof. If it fails to meet that burden, the judge may conclude that you are entitled to remain in possession even though you no longer own the home.

On the other hand, if the new owner is successful in the detainer action, it is entitled not only to possession but also to the rental value of the property from the date of foreclosure until the date of removal. You have only ten days for an appeal to Circuit

Court and must furnish a bond. The amount of it can be prohibitive: a “sufficient amount to cover, besides costs and damages, the value of the rent of the premises during the litigation.” Even the furnishing of an affidavit of indigency may be insufficient to retain possession during an appeal.

 

Filing Bankruptcy after Foreclosure

It is possible to set aside the foreclosure through the bankruptcy process. The grounds that may be asserted are discussed below.

There is some good news even if you lose the challenge; bankruptcy usually discharges all or part of a deficiency judgment against you for any amount still due after the foreclosure occurs.

Procedural Grounds for Challenging the Foreclosure

• Failure to Give Personal Notice. No personal notice to a borrower is required by statute. However, we believe that federal and state constitutions require personal notice to each borrower, either by summons or by certified mail that is actually received, and we are litigating cases so as to establish this principle.

• Insufficient Notice by Newspaper Publication or Posting in Public Places. Under Nevada statutes, advertisement of a foreclosure sale must be made three different times in “some” newspaper “published” in the “county where the sale is to be made.” Only 20 days’ notice is required, and the use of publications read almost exclusively by lenders and lawyers is permitted. Both the shortness of the time and the use of obscure newspapers seem vulnerable to constitutional objection. In addition, some counties have no eligible newspapers. In this case, written notice may then be posted in five “of the most public places in the county.” There is no guidance about what such places are or how they are to be determined. This is too vague a standard to pass constitutional muster.

• Failure to Give Notice Required by the Deed of Trust. Many deeds of trust require notice of foreclosure by certified mail, or at least by mail, in addition to notice by newspaper publication. Many also require notice – before foreclosure is sought — that the entire sum has been declared to be due because of a late payment or other default.

• No Meaningful Opportunity to Dispute the Foreclosure. This too is a constitutional challenge to Tennessee’s foreclosure process. It is based on the notion that making you find a lawyer and file a lawsuit in 15 days, assume a high burden of proof, and furnish a bond are unfair hurdles imposed on you.

• Defects in the Foreclosure Sale. Nevada judges have said that the foreclosure must occur in the county in which the property is located; it must take place at an accessible location; and a lender may not use a purely technical default as a basis for foreclosure. However, when the lender demands the full amount of the debt, they have refused to let the borrower cure the delinquency by paying the disputed amount before the foreclosure occurs. They also have ruled that there is no minimum price that must be paid and have allowed the lender to recover a deficiency judgment if the amount received in the sale is less than the amount owed. They have yet to decide whether the combination of a shockingly low price and another procedural defect are sufficient to disallow the foreclosure.

Substantive Grounds for Challenging the Foreclosure

The following claims and defenses are among those that may be raised so as to defeat a foreclosure altogether or reduce the amount of any deficiency:

• Estoppel: Late Payments Were Accepted on Other Occasions. This suggests that the lender waived the right to refuse late payments and was estopped from foreclosing.

• Refusal: The Lender Refused to Supply a Pay-Off Amount or Accept Full Payment so Foreclosure Could Be Avoided. Despite unfavorable precedent, this could be a viable ground.

• Military Service: A Borrower was in Military Service at the Time of the Foreclosure.

 

• The Loan was Unconscionabl:. That is, the inequality of the bargain is so manifest as to shock the judgment of a person of common sense, and the terms are so oppressive that no reasonable person would make them on the one hand, and no honest and fair person would accept them on the other.

• Unfair and Deceptive Practices (UDAP): The Making of the Loan, or the Servicing of It,  was Riddled with Unfair and Deceptive Practices that Violated the Nevada Consumer          Protection Act.

• Unauthorized Fees: The Servicer Collected Unauthorized Fees for the Escrow Account, or  as Late Charges, or as Attorney Fees during the Foreclosure Process.

• Signatures: One Spouse Was Required to Sign the Mortgage Note even though the Credit of the Other Spouse was Sufficient.

• Capacities: One or More Borrowers Lacked the Mental or Physical Capacity to Borrow.

• YSP: (Yield Spread Premium): The Mortgage Broker Was Paid an Unlawful Sum by the     Lender.

• Fiduciary Responsibilities: The Lender Violated a Relationship of Trust with the Borrower  that Developed in the Lending Process.

• Fraud or Misrepresentation: There Was Fraud or Misrepresentation by the Lender in the  Making of the Loan.



MITCH

Lloyd Segal asked:


Most homeowners believe that foreclosure laws are designed to hurt rather than help them. Not so. The secret is that foreclosure laws have evolved to protect the borrower–not the lender. There, I’ve said it. The secret is out! Now listen closely and understand why I say this. The foreclosure process gives you, the borrower, specific periods of time in which to:

• bring your loan current by making up the missed payments (known as “reinstatement”), or

• pay off your loan in its entirety (called “redemption”).

If neither of these options is feasible, you will still have time to prevent your property from being sold at a public auction (the foreclosure sale).

You will get the most benefit out of the foreclosure process if you envision this secret as a “window of opportunity” to resolve your financial problems. During this window of opportunity, you have time to learn about the foreclosure process and implement a strategy to stop the foreclosure.



Another basic misconception about foreclosure is that lenders want to foreclose. Nothing could be further from the truth! Lenders are in the business of loaning money–not owning real estate.

They don’t want your house back for numerous reasons. Lenders are reluctant to incur the costs of a foreclosure. For example, if your lender is forced to foreclose, it will not only lose your back payments, but it will also incur foreclosure expenses, taxes, insurance, wear and tear while you (or your tenant) live in the

property, repair costs to refurbish the property for sale, and a real estate agent’s commission once the property is sold. As a result, many lenders will go out of their way to work out a resolution–short of actually foreclosing–if you give them the opportunity.

A. Communicate With Your Lender

The secret to stopping your foreclosure is communicating with your lender. With the sudden avalanche of foreclosures and defaults, lenders are more eager than ever before to workout a solution rather than foreclosing. Lenders will do almost anything to avoid increasing their overflowing REO inventory of foreclosed properties.

Don’t shy away because you’ve missed payments, concerned that you will miss some payments in the future, or that your property has already gone into foreclosure. Whether you communicate by telephone, letter, email, fax, or in person, you will have a much easier time stopping (or at the very least, delaying) the foreclosure if you talk to your lender rather than adopting a code of silence.



The secret is to negotiate directly with someone with “authority” at your lender’s office. The first step is to determine who your lender actually is. (This is no small feat these days with lenders selling their loans to other lenders like hot potatoes.) If your property has already gone into foreclosure, the first person you will be dealing with will either be the foreclosing trustee, or the attorney for the lender. If it is a judicial foreclosure, you will most likely be contacted by a process server, sent by the lender’s attorney. If it is a non-judicial foreclosure, the trustee is responsible for handling the foreclosure process. You will need to contact these people.

But the secret is that you will be more successful if you communicate directly with your lender, rather than the trustee or the attorney. So you should request from the trustee or the attorney, the name, telephone number, and address of the foreclosing lender. In the unlikely event that they refuse to disclose the name of your lender, you can look on the Notice of Default, or the summons and complaint, or telephone the customer service department of a local title insurance company.



Another situation may occur where you discover the name of your lender, but it turns out to be a servicing agent rather than the party that actually holds the deed of trust or mortgage. A servicing agent is a company (sometimes it can be a bank, mortgage company, or private corporation) that is hired by the actual lender to “service” the loan, (issuing mortgage statements, payment coupons and late notices, collecting payments, monitoring the impounding of insurance and tax payments, and handling foreclosures if necessary). Fortunately, most servicing agents will disclose the name of the lender. If they won’t, you may be forced to negotiate with the servicing agent.

In the interim, you will receive threatening calls from collection agents at the lender’s office. Do not under any circumstance ignore your lender’s contacts. Your goal should be to respond to every phone call or letter. Difficult as it may be to talk about your financial problems, be polite and cooperative. Follow up all telephone calls with a letter to the person you spoke to, confirming what was said. If you’re not in when a call comes, return it as soon as you can. Use these calls to collect information regarding your lender (i.e. lender’s name, address, phone number, fax number, email address, responsible department or individual).



When you receive a letter from your lender (always keep the original), immediately write a letter in response. The secret here is to establish a paper trail so you can prove to your lender (or a court, if necessary) that you have been cooperative, especially during the initial stages of the foreclosure process.



It is also important to send copies of all of your letters to:

• the lender’s CEO

• the branch manager (if applicable)

• the loan officer who helped you obtain your loan, and

• any other person you know by name at your lender’s office.

B. CONTACTING PEOPLE YOU KNOW AT THE LENDER’S OFFICE

Make sure your letter indicates you are sending copies by typing “cc:” and the name of the person(s) below your signature. Please don’t be hesitant to send copies of your letters to these individuals, as they can’t do anything to help you if they aren’t aware of your predicament. There is a secret to sending copies to other people and showing the “cc” at the bottom of your letters. At the very least, the person you sent the letter to won’t be able to ignore your letter because he or she knows that supervisors have received copies.

Typically, in their initial letters and telephone calls, your lender will state that they have not received your payment(s) and inquire innocently whether or not you have mailed a payment. What you say in response to your lender’s inquiry is another matter. If you already mailed your payment, give your lender the date. If you have not, tell the truth. Your lender in turn will want to know why you haven’t paid, and what date you will be sending a payment. Acknowledge that you are having temporary financial problems and that you won’t be able to make the payments for the next couple of months. Provide a good explanation of your financial difficulties (i.e. layoff, medical emergency, death in the family, loss of business, divorce). Contrary to popular belief, sharing this information will not speed up the foreclosure process. What you say may make the lender more sympathetic to your situation and may delay the foreclosure. At the very least, it will foster a positive atmosphere for negotiations later in the process.



Your lender may warn you that if payments are not made, your loan will go into default. It may also threaten to start foreclosure proceedings unless you bring all of your payments current immediately. Don’t be intimidated. Stay calm and understand that the person you’re dealing with is simply doing his job. At this point, write a letter explaining your financial problem and request an appointment with a senior loan officer to discuss your loan.



AUGUSTINE

Scott Pasinski asked:


Stopping a home from foreclosure is the most difficult situation homeowners have ever faced in United States history. Not only do you have to

stop your foreclosure, but you also have to contend with that mortgage pre-payment penalty, tarnished credit, a contracting mortgage market and the adjustable rate mortgage that is coming due. It has never been more difficult to stop your foreclosure.

We are finding homeowners who were previously in foreclosure actually going back into foreclosure because they did not address all five areas of correctly stopping the foreclosure. Most homeowners for the most part are unaware of the guidelines to these unfamiliar programs and tell lenders what they think they want to hear. It’s the lenders job to collect money not properly guide you to all the facts. Mortgage companies have a fiduciary responsibility to stockholders to collect money and pay dividends, not to befriend you.

The process of stopping foreclosure is called loss mitigation. Since foreclosures are legal issues printed in local newspapers, homeowners will typically find some interesting folks drawn to their ‘foreclosure opportunity’. Fifty or more so called experts and attorneys will write to say that they can help or bankruptcy is the only way to save their home. Forget that bankruptcies commonly fail but all those so called experts, if they really can help, only stop the foreclosure process and don’t address your whole problem.

Finding the right ‘Loss Mitigation’ expert is the same as working with other professions people commonly use. If you break your foot, you go to a podiatrist. If you get sued, you retain an attorney. If you had a brain problem, you would seek out the best neurosurgeon that would take care of one of the most important parts of your body. Well correctly stopping the foreclosure process and retaining the largest financial investment most people have, is no different. Skilled loss mitigation specialist will cover everything you may or may not have thought about during these trying times.

Stop The Foreclosure. Obviously, this must be addressed and ‘how do we actually stop the foreclosure?’. Lenders may offer a solution directly to a home owner but it is designed with the banks best interest in mind and frequently requires borrowers to meet impossible underwriting guidelines. Typically they approve plans that are outside a home owner’s budget. “The trick is to force the lender to approve a plan that is in the best interest of the home owner and their ability to pay their mortgage”. Homeowners need to locate trustworthy representation. The majority of homeowners are able to solve their financial troubles in a relatively short time. They frequently can handle their bills but are $10,000 to $30,000 behind on their home loan and their lender won’t take partial payments. Often times, they have saved some money from the nonpayment but still are losing their home. We find that if the hardship that caused the mortgage delinquency has been resolved and with a professionally designed plan of action, it is very possible for us to stop foreclosure.

Adjustable Rate Mortgage Are The Secret Killers After You Stop A Foreclosure. Wow, can we say anymore? The largest cause of the current foreclosure dilemma is adjustable rate mortgages that are coming due and they are adjusting. Not only are they are real problem but the also adjust annually so every year you will have to contend with, “Can I afford my home next year?” The continual stress is not good. High profile loss mitigation specialists will not only address this with the lender but they will also negotiate to lock you into a fixed rate mortgage, often at better mortgage rates than you had before!

How Does A Contracting Mortgage Market Affect You? Since late 2006, over 110 mortgage lenders went out of business and another 60+ were acquired by larger mortgage companies. The problems are even larger than that. Just look at all problems on Wall Street with the companies that dealt with the subprime mortgage market. Billion dollar companies that are now considered worthless because of the subprime mortgage market. The point to this is simple. Subprime mortgages that help people with bad credit are a thing of the past. If you have a foreclosure process you are facing, no matter what credit you had at one time, now you are bad credit and nobody wants that mortgage. Only credit repair and years of consistent new and good credit will fax this. This is another reason that you must have your mortgage interest rate and term addressed at this time.

Why Is Your Credit Important? As just mentioned, no lender wants to offer mortgages to people with bad credit, regardless of the reasons for it. Mortgage companies are running scared. You need to be aware of the fact that your credit will be damaged for years.

You Have To Address Prepayment Penalties. Even if you found a lender that might offer you a mortgage, homeowners that have prepayment penalties are finding that a refinance will gobble up 5% of the loan balance. Homeowners that are facing a foreclosure have obviously experienced previous financial stress, a new lender will charge 3 to 5 points and paying that 5% prepayment penalty will consume a large chunk of your equity. Refinancing is definitely not the best option in most cases.

Typically, we discover that the banks policies differ from what the laws state. Banks may offer to make a deal with you, but those deals favor themselves and they request more money than you can afford or more than they really will accept. Homeowners are new to the foreclosure process and they usually do not make their best case. It appears that many banks take advantage of the fact that most homeowners are unaware of the foreclosure process.”

The clear choice when confronted with a home foreclosure is to leverage the years of experience that a professional Loss Mitigation Specialist has. In addition, it is important to remember that this is the least stressful and most cost effective option. In fact, a good specialist will not charge for the first consultation. This will allow a specialist the opportunity to see if the homeowner is a candidate for the program. The vast understanding and skill set of a professional typically assists homeowners out of foreclosure 98% off the time with all five of the most important addressed and positioned for a successful recovery.



SHELTON

Cecilia Valenzuela asked:


Foreclosures are occurring at an alarming rate and have been for quite some time. No one likes to talk about losing their home, but the fact is, more and more Americans are in fact, in foreclosure or have already lost their home.

Need some advice on avoiding foreclosure?

Here is some general information about foreclosures.

Several states have a record number of foreclosures, such as Arkansas, Arizona, Colorado, California, Florida, Illinois, Massachusetts, Maryland, Michigan, New York, New Jersey, Ohio, Texas, Utah, Virginia, and Wisconsin.

CNN Money reports that adjustable-rate mortgages, especially mortgages that are considered, sub-prime adjustable rate mortgages, continue to contribute to foreclosures.

According to the San Francisco Chronicle, Americans borrowed $2.2 trillion dollars through attractive adjustable rate mortgages between 2004 and 2006.

These adjustable rate mortgages were hard to pass up with low monthly payments.

Unfortunately, these ARMS (adjustable mortgages) cannot last forever. Experts explain that these adjustable rate mortgages need to reset themselves in order to make up for the difference through higher rates, which means a higher mortgage payment.

You don’t need to be an expert in real estate to figure out that when the banks significantly raise someone’s mortgage payment, you are going to see many foreclosures.

It’s also predicted that as these mortgage loans reset, 1.11 million homeowners will lose their homes. This prediction was reported following a study completed by First American CoreLogic, a firm that documents home mortgage risks.

If you fail to make a payment by the due date, the lender has every right to start the foreclosure proceedings. Many banks will allow you a “grace period,” so as not to start any foreclosure process.

After a certain period of time, the lender will send you a certified letter stating that your loan is in default. Included will be any penalties and any unpaid mortgage totals. It is important that you contact the lender to try and work out a plan to pay the bank back.

Banks are not in the business of owning homes; banks are in the business of lending money. Banks do not want the house back! Contact them and try to work out an agreement to pay them back the unpaid payments.

Your loan will likely be reinstated if you bring the mortgage back to good standing if you pay back any outstanding mortgage payments and fees.

If the lender has given you the allotted time to make the loan current, and you cannot make the payments, the loan will still be considered in default and there will be a scheduled auction.

Following the auction, if there is any money still owed to the lender, the homeowner may be required to pay those debts owed. If there is money left over from the auction, that amount of money will go to the foreclosed homeowner, if all of the fees have been paid to the lender.

With any court foreclosures, the sheriff carries out the sale, which is about 45 days after the county clerk orders the sale. The auction is open to the public which means anyone who has the available funds, may bid on the foreclosed property.

Generally, the accepted bid must be paid to the sheriff no later than 5:00 P.M. on the day of or the day after the auction.

A certificate is issued following the foreclosure sale. If the property is not abandoned at the time of the sale up to the next six months, this is known as the redemption period. Some states will allow the borrower to redeem the property. Any secondary lender may redeem the property within a certain amount of time. In order to redeem the property, the total amount owed including any fees, must be paid.

If there isn’t anyone who redeems the property, the sheriff will then transfer the ownership to the winning bidder at the time of the foreclosure auction.

With Out of Court Trustee Sales, notice of the sale is noted which includes the property description, date, time, place, etc. The auction notice is then recorded with the county.

The trustee mails the notice to all interested parties. This notice is sent out three months before the sale date and will be published in the local newspaper.

No less than 20 days before the sale, the foreclosure auction notice is posted on the property and the county courthouse.

The day before the sale is scheduled to take place and leading up to the sale, the trustee must provide the opening bid of the sale to anyone who inquires about the sale. If not, the sale might have to be delayed for a short period of time.

Out of Court foreclosure sales require every bidder to provide a refundable $10,000 deposit in order to bid. The trustee keeps the deposit of the individual with the winning bid.

The winning bidder has until 5:00 P.M. by the next day to pay his/her bid price.

Following the sale, the trustee then transfers ownership of the foreclosed property within seven days. The proceeds of the sale are paid directly to the primary lender, then to any secondary lenders that exist.

There is no right of redemption following Out of Court foreclosure sales.

Bank foreclosures have occurred in record numbers. If you are an investor, your’e likely to find foreclosures all around the U.S.

Will foreclosures decline in numbers? Only time will tell.

The information provided here within, is not considered professional legal advice. It is always recommended that you seek professional legal advice such as a local real estate attorney.



CECIL

Author asked:


Advice for Homeowners That Want to Save Their Home

Facing a home foreclosure can be a very scary experience. While foreclosure laws differ from state to state, good foreclosure advice can help almost anyone in this terrible situation. In this article we will explain 5 of the most commons things you should know if you plan to stop home foreclosure and remain in your home.

Five Tips to Avoiding Home Foreclosure

1. Do Not Avoid Your Lender

It is human nature to avoid any situation we feel we are not equipped to deal with. However, if you are behind on mortgage payments and need to stop home foreclosure to remain in your home, avoiding the situation is only counterproductive. Once the foreclosure process has begun, the only thing that will stop the foreclosure process is for you to do something. If you choose to avoid your lender and do nothing to stop the foreclosure, then the foreclosure process will inevitably take your home. Stay in touch with your lender, and provide them with current and accurate contact information.

2. When You First Fall Behind on Your Mortgage Payments, Write Your Lender a Hardship Letter

Lenders are people just like you and I. If some owed you money and could not pay, you would feel much better if they communicated with you and explained their current situation and when they may be able to repay you. Lenders are no different. Many homeowners who refuse seek foreclosure advice do not realize that by writing a Hardship Letter and sending it to your lender, you may me able to delay or even avoid foreclosure. If your financial situation will be improving soon, your lender may decide to give you some additional time to catch up your payments. The best way to stop home foreclosure is to avoid foreclosure altogether.

3. Ask Your Lender if They Can Offer You About Any Foreclosure Advice or Foreclosure Alternatives

You are not the first person to fall behind on mortgage payments, and you won’t be the last. Many lenders have Workout Departments that can give free foreclosure help that can help you stop home foreclosure or avoid foreclosure altogether. Before you talk to an attorney or consider filing bankruptcy to stop foreclosure, find out if your lender can offer you free foreclosure advice and get you back on track.

4. If You Get Foreclosure Advice From a Third Party, Avoid Foreclosure Scams At All Cost

The big problem with a scam artist is that they look and sound like legitimate business people! There are more “Avoid Foreclosure” and “Pay Us To Stop Home Foreclosure” scams than ever more. As foreclosure rates rise and more and more owners seek foreclosure alternatives to help stop home foreclosure, the number of scams will only increase. The best way to avoid foreclosure scams to make sure you are dealing with a company that will at least provide an initial free consultation, references, and has been in business at least two years. Avoiding foreclosure scam artist that can ask for large amounts of money up front or promise to stop home foreclosure as soon as they receive payment can save you time and money.

5. If Possible, Keep Your Other Bills Current

There are many legitimate companies that offer financial help or loans for people in foreclosure. They can help stop home foreclosure by loaning the money you need to catch up on your mortgage payments or by refinancing your property with a new loan, thus paying of your lender and avoiding foreclosure. If you are behind on all of your bills, your credit score will most likely be too low to qualify for this type of loan, called a Foreclosure Bailout (a special type of loan designed specifically for people in foreclosure). I have seen consumers with a mortgage and several other small monthly payments (less than $20) lose their home because they stopped paying all of their bills. Avoiding foreclosure with a loan is one of the best ways to save your home, so if you can stay current on your other bills this is a viable option to stop home foreclosure and is some of the best foreclosure advice anyone can give you.



CLIFF

Author asked:


Four Tips on Spotting “Stop Foreclosure” & “Avoid Foreclosure” Scams

Unfortunately, it is a sign of the times we live in that scam artist tend to target those who are already down on their luck. One of the most obvious signs that a person is having financial problems is that they are seeking foreclosure advice on how to stop foreclosure or avoid foreclosure in an effort to save their home. As soon as the scam artist hears the words “Save My Home From Foreclosure”, the consumer becomes an instant target. This article explains 4 useful tip to spotting “Stop Foreclosure” & “Avoid Foreclosure” scams.

Four Tips to Spotting “Stop Foreclosure” & “Avoid Foreclosure” Scams

1. You are Being Asked For Large Amounts of Money Up Front

Most reputable companies who engage in the business if giving foreclosure advice will provide you with at least one free consultation. Since laws and policies vary from state to state and from mortgage lender to mortgage lender, it is very difficult to find anyone with the expertise to stop home foreclosure in every situation. If a person is not willing to speak with you, gather some basic information, and assess your particular situation without first receiving payment, it is probable another “Stop Home Foreclosure” scam.

2. Companies That Offer Good Foreclosure Advice Have References

To most people, their home is their most important asset as well as the roof over their family’s head. The most common thing most foreclosure counselors hear from anyone looking determined to avoid foreclosure is “I need to save my home from foreclosure because I have no place else to go”. If a company is giving consumers sound foreclosure advice and helping homeowners save their homes, they will be able to provide references to other people to whom they have provided foreclosure help.

3. Learn The Difference Between a Foreclosure Counselor and a Foreclosure Investor

Many of the ads targeted to homeowners trying to avoid foreclosure are paid for by companies that are actually foreclosure investors. Foreclosure investors are companies that buy and sell properties for profit. A foreclosure counselor is someone whose job is to provide foreclosure help and foreclosure advice to consumers that are determined to stop home foreclosure and remain in their home. Many, if not most, legitimate foreclosure counselors do not invest in real estate at all. It is important that you know the difference. If you are working with a foreclosure investor who promised to buy your property as a means of avoiding foreclosure, make sure he or she has the funds to buy your home or, if they are using a mortgage to make the purchase, can provide a mortgage pre-approval letter at the least.

4. Make Sure Whatever Method You Use Will Actually Stop the Foreclosure

I have seen many homeowners try to stop foreclosure by deeding the property to a friend or family member, signing a forbearance agreement, or taking money from foreclosure investors and giving them control of the property. In many cases, these methods will not prevent home foreclosure, even though the person providing you with foreclosure advice claims they will. You must make sure that whatever method you think is your best chance of avoiding foreclosure will actually stop the foreclosure process. If you don’t, you may end out of your home and still forced to face the fact that you have done nothing to avoid foreclosure.



SAUL

kent harper asked:


The scenario regarding foreclosures is evolving daily. Many of foreclosures are occurring due to the economic downturn. There are a lot of unique foreclosure situations such as land foreclosure, bank foreclosure, home foreclosure, property foreclosure etc. A regional real estate agent can aid you with the foreclosure process -and your options.

Many real estate services can also provide foreclosures info and foreclosure listings, advice on how to stop foreclosure and the foreclosure process in general. As many experts will confirm, foreclosure homes often create perfect investment property. Some experts can advise individuals on bank owned, short sale, HUD foreclosures, real estate investing. A few ineligible for refinance will go into foreclosure with bankruptcy. And, tax foreclosure type questions for may be answered too. Foreclosure listings are usually comprehensive and often evolving.

Free real estate foreclosure listings, foreclosure information are offered from many local real estate agents. Finding data has never been more simple or more needed. Many need info on confusing subjects such as foreclosure sales, government foreclosures, real estate foreclosure, bank foreclosures etc. Foreclosure prevention will go a good way to avoiding foreclosure, which is not a fun topic, while it is incredibly pertinent. Real estate foreclosures have unique regulations in each state, isn’t different. Foreclosure services will allow you make sense of it all.

Seized homes or seized real estate are not infrequent. Many seek to avoid this result, announcing “buy my house!” to those that advertise, “I buy houses”. You are probably aware of these advertisements. Short sales will be a type of  loss mitigation too. There are different ways through the situation if you know who to consult with, namely a foreclosures expert.

To invest well in foreclosures, you’ll need data, info sources and expertise.  Maybe locate a local investment club, inquire where and at what time they get together, attend the majority of meetings, absorb all that possible and make contacts.  Look through the books and info you have seen, pick a source and start reading.  Read the web forum groups, magazine articles that include references and real data and save them.  Check out all the sources you may find on various web pages, it will of course increase your knowledge.

Most significant real estate companies offer paid Real Estate schooling.  It’s an excellent method to be an excellent foreclosure investor. If you do not have a history in the field, this is a fairly cost effective way to get skill regarding the intricate procedures included, whats necessary to purchase a home plus all kinds of  additional knowledge.  Many companies demand a larger fee if you do not get the license and work for that company, do plan to shop around, the school might be inexpensive.  Look in the phone book in Real Estate Colleges.  Remember that when you actually obtain your license, you have various legal considerations than when you’re with no license.  Just because you don’t actively sell real estate full-time, when licensed, you’re considered as a real estate professional.

If you think that you are going to be involved in foreclosure in some way -whether through purchasing hoses or going through the proceedings- meet with a city foreclosure consultant or real estate specialist to fully appreciate the choices. Since this is an especially detailed process, it is a worthwhile investment to meet with an expert.



MOHAMMAD

Bob Smith asked:


Foreclosure Houses

Foreclosure houses present an opportunity of a lifetime. Foreclosure houses are due to loans that have been defaulted by the current homeowner. Since the homeowner has not been making their payments, the lender has evicted them and taken possession of the property. Lenders **** to do this, their business is to make loans, however, with every loan comes risk. Sometimes the risk does not pay off, which causes these properties to become foreclosure houses. Since the lender makes no money on these vacant foreclosure houses, they want to sell them fast, and at deeply discounted prices. Foreclosure houses are often sold at 20% - 50% less than their current market value!!!

What Is the Advantage to Investing In Foreclosure Houses?

Foreclosure Houses offer any type of investor numerous ways to make and/or save money! First, say you are a first time homebuyer with little to no money down, foreclosure houses can get you more house for the money; or, if you prequalify for a no money down loan, it can get you into homeownership. Remember, the lender does not want their foreclosure houses to sit; they want them to bring in revenue. This means money saved for you! If you are looking for a vacation home, or for a secondary home to rent to others, foreclosure houses again offer an incredible opportunity. Why pay market costs when you can get foreclosure houses for pennies on the dollar? Besides saving money on the purchase, you will realize the built in equity that the former owner left behind. This means if you want to resell or “flip” your recent purchase, you can instantly and make a healthy profit. With that extra $$, you can repeat the process!!! The possibilities and opportunities are endless when investing in foreclosure houses.

• Any Property, particularly foreclosure houses is a sure bet in today’s real estate market.

• Browse our listing of foreclosure houses; these homes all have the potential to be your next wise investment.

• Foreclosure houses and other foreclosure properties offer you the opportunity to make and/or save money.

• When searching for houses for sale, a savvy home buyer will be sure to first search our listings for availability for foreclosure houses.

Browse our Comprehensive Listing of Foreclosure Houses.

Get online access to our database of foreclosure houses that we update TWICE daily with the most recent information available. Foreclosure houses are available all over the country. At ForeclosureDataBank.com, our 7-day trial membership will give you the information you need at your fingertips, 24 hours a day, seven days a week. Finding foreclosure houses or bank foreclosures couldn’t be easier. Click here now!



ELMO

William Grigsby asked:


When homeowners fall behind on mortgage payments, foreclosures may occur. A foreclosure is a process in which a financial institution repossesses or sells a piece of property because of a loan default. Mortgage lenders usually consider a mortgage to be in default when payments haven’t been made in three months. When mortgage loans are in default, the mortgage lenders can start the foreclosure proceedings of the properties, and so opportunities arise for investing in foreclosures.

There are three ways you can get a great deal in investing in foreclosures: at the pre-foreclosure stage, that is, before the homeowner falls so behind in his mortgage payments that the property is foreclosed; at an auction of foreclosed properties; or from a Bank owning foreclosed properties. Information is everything! You need to have up to date accurate information, an absolute essential for investing in foreclosures. You will need a source for knowing what properties are going to sale, for how much and when.

Success in buying homes in pre-foreclosure is all about timing and it is essential that you reach the homeowners early on to help them. When a homeowner is unable to pay one or two mortgage payments, you can be pretty sure that a probable foreclosure is ahead. Many of these homeowners don’t know who to turn to. They are mostly scared and/or worried. Wouldn’t anyone be fretful in the same situation? As an investor you have to think about the reality these people are facing and present them options in a hopeful manner, to help them move forward in their lives.

The second way you can find great deals in investing in foreclosures is at auctions. When borrowers default on their mortgage payments, the original lender takes back the property and sells it at auction, often at a seriously discounted price. Your main advantage of investing in foreclosures at an auction is that the moment a property reaches the actual sale date, all trust deeds (loans, depts.) made after the foreclosing loan are wiped off the property. In this way you can get instant equity. If you’re the winning bidder at an auction you will pay off the loan with your winning bid amount and you’ll then take title.

Lastly you can also find great opportunities for investing in foreclosures with properties owned by banks or other lenders. 10-20% of all properties progressing to the trustee’s sales (auctions) have no bidders show up. The instant that no bids are made at the sale, the foreclosing beneficiary (bank or lender) becomes the owner. Banks and lenders are now getting these properties back regularly. It is very expensive for them to be stuck with these properties! The costs to the lender would be enormous in the event that they chose to list the property with a broker and many months elapse during the clean up, the marketing, and the escrow period. The whole key for you to be able to invest in foreclosures at this stage is to act quickly by approaching the beneficiary (lender), the same day of the sale, before he turns the property over to a real estate agent for resale. Your quick action at this point can save you tens of thousands of dollars.

As a general rule, when a property has a lot of equity you should approach the owner during the pre-foreclosure or default stage with an offer. It’s in his interest to accept an offer of a few thousand dollars to get out before losing everything at the foreclosure sale. When a property has little or no equity, you simply step back, be patient and wait for the trustee’s sale at auction. The trustee’s sale will wipe off all previous liens, creating equity. Ten to 20% of the time no outside bidder will show, and the property will revert to the foreclosing beneficiary. Now is your perfect time to low ball the bank or lender with an offer substantially below the minimum bid at the trustee’s sale before he incurs any costs, such as commissions, clean up, repairs and holding costs.

There are three key elements to investing in foreclosures with the lowest possible amount of capital. First you must know which properties are in trouble and know exactly at what stage of the foreclosure process the property is in. Second, it is critical that you know how much time the owner has left. Third, you should always find out all the trust deeds (loans) that are against the property so that you can establish the lowest possible price to offer. You should have some way of getting these three elements researched as completely as possible on every property giving, so that you get all the most important information that any buyer can have. To do this you need a first-class reputable and reliable foreclosure information service, to enable you to successfully profit through investing in foreclosures. You can find a first-class reliable service providing updated details of more than 600,000 foreclosures and pre-foreclosures at : Investing In Foreclosures



RUSS