Foreclosure Trends

Charlotte Foreclosure Attorney - Zellers Rudd asked:


The North Carolina legislature has enacted new legislation to help homeowners with subprime loans avoid foreclosure.  If a homeowner with a subprime loan defaults on his loan, the lender is now required to send to the homeowner a Pre-Foreclosure Notice at least 45 days prior to filing the Notice of Foreclosure Hearing.  The Pre-Foreclosure Notice must include an itemization of all past due amounts and other charges that need to be paid in order to bring the loan current as well as a statement that the homeowner may have options available other than foreclosure.  In addition, the Notice must also include contact information for the lender, the North Carolina Office of Commissioner of Banks and other HUD approved foreclosure counseling agencies.

The intent is to give homeowners who have fallen behind on their mortgage notice before their house is actually in foreclosure that they may be facing foreclosure in the near future and that there are options available that may allow them to save their home and/or their credit score.

Dan Zellers and Scott Rudd- Founding Partners

Dan Zellers, originally from Ohio, earned his undergraduate degree in finance and management from Defiance College and his law degree from the University of Toledo College of Law. He is a member of the North Carolina Bar, South Carolina Bar, Mecklenburg County Bar and the North Carolina Bar Association. His practice is focused on residential and commercial real estate, foreclosure alternatives, landlord-tenant laws and estate planning.

Scott Rudd, a North Carolina native, earned his undergraduate degree in accounting from Campbell University and his law degree from the Norman Adrian Wiggins School of Law at Campbell University. He is a member of the North Carolina Bar, Mecklenburg County Bar and the North Carolina Bar Association. His practice is focused on residential and commercial real estate, business formation and litigation, foreclosure alternatives and work with homeowners’ associations.

Prior to founding Zellers Rudd PLLC, Dan Zellers and Scott Rudd worked together in the real estate finance group of some of the top international law firms in the nation. They represented large national banks and servicers in multi-million dollar commercial property transactions as well as multi-billion dollar commercial loan securitizations. These transactions included the negotiation of large servicing contracts as well as conducting large commercial loan transactions, loan assumptions, defeasances, parcel releases, and other consent matters on large commercial properties located all across the nation. In addition, their work prior to that has afforded them extensive experience in all aspects of residential real estate and residential real estate transactions including loan closings, foreclosure, landlord-tenant law, work with homeowners’ associations, default judgments and private transactions.

For more information about Charlotte foreclosure and foreclosure alternatives, please visit:  http://zellersrudd.com/areas_of_practice/foreclosure_alternative.aspx



DANTE

Mack Winthrop asked:


With the economy in a deep recession, more people are unable to meet their financial obligations and a major symptom is foreclosure. When people cannot pay their mortgage and their lending institutions reclaim their house, it is with the intent of recovering the balance owed on the property and getting it off their books as soon as possible. Many banks do not want to advertise all their foreclosures since it puts their financial troubles in the spotlight. One way to find current upcoming auctions is through foreclosure lists.

Foreclosure lists are generated from many types of lenders. For example, there are traditional banks, FHA, HUD, IRS, FDIC, Treasury, VA, Federal, State, and County seizures, and more. Even real estate companies have foreclosure lists, but in this particular case, subscribing to that kind of list is more about generating leads for the real estate agent.

With the advent of computer technology and the Internet, foreclosure lists are readily available online. There are free listings, however, the information is usually more limited. In order to get detailed information, a small membership price is required following a trial period. If you are serious about investing in foreclosures, having access to this information is indispensable. Just make sure that the list in question is frequently updated.

There are other ways to find foreclosures in your local area if you are willing to do a little work. Most newspaper-classified sections have a public notice for foreclosures. The local sheriff’s office or banks may also carry a foreclosure list. You simply contact them and tell them you are a person interested in bidding on foreclosure properties. It is also a good idea to attend a foreclosure auction and ask the person running the auction for a source of foreclosure lists in your area.

If you have the time, you can compile your own foreclosure lists by searching the public records at the county clerk’s office. Local attorneys may also have lists of bank REOs.

Often times, pre-foreclosures present a more profitable opportunity than foreclosures. Many people will sell their homes before the banks foreclose in order to save their credit and retrieve any equity they can in the process.

The biggest advantage of having access to foreclosure lists online is the time it saves. You can sort listings and pick the ones that are right for you. Some sites have government auction listings that include over 100,000 foreclosure and pre-foreclosures, as well as auction times and locations. Often you can access more than real estate, including cars, trucks, boats, RV’s, and more.

Having a foreclosure list is a great resource, but remember it is only one tool available in the real estate investing business. There are many other factors to consider including your own experience and knowledge level. You must do your own due diligence and research to give you the best chance at success. Start today with your research, you never know when the right deal is around the corner.



ERICK