For most individuals and families, a home is their most important possession. However, recent bad lending practices and predatory mortgage brokers have led to a rash of foreclosures around the United States. In order to protect yourself and your family from losing your home, it is important to understand how a foreclosure happens and what the foreclosure process looks like.
The full foreclosure process includes several stages and is not very difficult to understand. During each stage the home or property owner has an opportunity to bring their loan current in an effort to avoid foreclosure. The process typically begins after about three to six months of missed payments when the lending institution orders a trustee to record a Notice of Default (NOD) at the County Recorder’s Office. The borrower is immediately notified that he or she is facing foreclosure due to failure to make payments.
If after a period of time of being notified of the possibility of foreclosure the borrower fails to make good on the defaulted loan, a foreclosure sale date is established roughly three months out. The homeowner will receive a Notice of Sale, which will list the date of the foreclosure or auction, the location of the property and sometimes is assessed value. Additionally, the Notice of Sale is recorded at the County Recorder’s Office of the county where the property is located. Local newspapers also publish the Notice of Sale for about three weeks to alert potential buyers of the foreclosure.
The foreclosure process ends with the resale of the property, at a Trustee Sale. Trustee Sales usually take place on the steps of the county courthouse in which the property is located, at a date and time already been designated in the Notice of Sale. The opening bid on the property is determined by the foreclosing lender, and is usually equal to the outstanding loan balance, interest accrued, and any other fees associated with the Trustee Sale process. Sometimes, if the market is saturated, the lender will open the auction at a price slightly lower than the sum of these amounts. The highest bidder wins the auction and must put down a cash deposit to secure the property. Typically, the bidder must pay for the property in full within 24 hours of the close of the auction.
If no one offers a bid higher than the opening bid, the lender will assume the deed to the property and absorb the remaining loan balance and all other associated fees. When the lender assumes the property because the opening bid was not beat, it is referred to as REO or Real Estate Owned. In recent years this is happening more and more often because many foreclosed properties are worth less than what is owed on them.
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