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Foreclosures - Q & A
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Are foreclosures an option? |
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A foreclosure property is a home that has been repossessed by the lender because the owners failed to pay the mortgage. Thousands of homes end up in foreclosure every year. Economic conditions affect the number of foreclosures, too. Many people lose their homes due to job loss, credit problems or unexpected expenses.
It is wise to be cautious when considering a foreclosure. Many experts, in fact, advise inexperienced buyers to hire an expert to take them through the process. It is important to have the house thoroughly inspected and to be sure that any liens, undisclosed mortgages or court judgements are cleared or at least disclosed. |
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| Q: |
What are problems with buying foreclosures? |
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Buying directly at a legal foreclosure sale is risky and dangerous. It is strictly caveat emptor ("Let the buyer beware").
The process has many disadvantages. There is no financing; you need cash and lots of it. The title needs to be checked before the purchase or the buyer could buy a seriously deficient title.The property's condition is not well known and an interior inspection of the property may not be possible before the sale, says Wiedemer.
In addition, only estate (probate) and foreclosure sales are exempt from some states' disclosure laws. In both cases, the law protects the seller (usually an heir or financial institution) who has recently acquired the property through adverse circumstances and may have little or no direct information about it. |
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| Q: |
What types of foreclosure are there? |
| A: |
Judicial foreclosure action is a proceeding in which a mortgagee, a trustee or another lienholder on property requests a court-supervised sale of the property to cover the unpaid balance of a delinquent debt.
Nonjudicial foreclosure is the process of selling real property under a power of sale in a mortgage or deed of trust that is in default. In such a foreclosure, however, the lender is unable to obtain a deficiency judgment, which makes some title insurance companies reluctant to issue a policy. |
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| Q: |
What happens at a trustee sale? |
| A: |
Trustee sales are advertised in advance and require an all-cash bid. The sale is usually conducted by a sheriff, a constable or lawyer acting as trustee. This kind of sale, which usually attracts savvy investors, is not for the novice.
In a trustee sale, the lender who holds the first loan on the property starts the bidding at the amount of the loan being foreclosed. Successful bidders receive a trustee's deed. |
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| Q: |
How do you get financing for a foreclosure? |
| A: |
One reason there are few bidders at foreclosure sales is that it is next to impossible to get financing for such a property. You generally need to show up with cash and lots of it, or a line of credit with your bank upon which you can draw cashier's checks. |
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| Q: |
How do you find government-repossessed homes? |
| A: |
The U.S. Department of Housing and Urban Development acquires properties from lenders who foreclose on mortgages insured by HUD. These properties are available for sale to both homeowner-occupants and investors.
You can only purchase HUD-owned properties through a licensed real estate broker. HUD will pay the broker's commission up to 6 percent of the sales price.
Down payments vary depending on whether the property is eligible for FHA insurance. If not, payments range from the conventional market's 5 to 20 percent.
One caution. HUD homes are sold "as is," meaning limited repairs have been made made but no structural or mechanical warranties are implied. |
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| Q: |
Can I get a HUD home for as little as $100 down? |
| A: |
If you are strapped for cash and looking for a bargain, you may be able to buy a foreclosure property acquired by the U.S. Department of Housing and Urban Development for as little as $100 down.
With HUD foreclosures, down payments vary depending on whether the property is eligible for FHA insurance. If not, payments range from 5 to 20 percent. But when the property is FHA-insured, the down payment can go much lower.
Each offer must be accompanied by an "earnest money" deposit equal to 5 percent of the bid price, not to exceed $2,000 but not less than $500.
The U.S. Department of Veterans Affairs also offers foreclosure properties which can be purchased directly from the VA often well below market value and with a down payment amount as low as 2 percent for owner-occupants. Investors may be required to pay up to 10 percent of the purchase price as a down payment. This is because the VA guarantees home loans and often ends up owning the property if the veteran defaults.
If you are interested in purchasing a VA foreclosure, call 1-800-827-1000 to request a current listing. About 100 new properties are listed every two weeks.
You should be aware that foreclosure properties are sold "as is," meaning limited repairs have been made but no structural or mechanical warranties are implied. |
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| Q: |
Where can you find foreclosures? |
| A: |
In most states, a foreclosure notice must be published in the legal notices section of a local newspaper where the property is located or in the nearest city. Also, foreclosure notices are usually posted on the property itself and somewhere in the city where the sale is to take place.
When a homeowner is late on three payments, the bank will record a notice of default against the property. When the owner fails to pay up, a trustee sale is held, and the property is sold to the highest bidder. The financial institution that has initiated foreclosure proceedings usually will set the bid price at the loan amount.
Despite these seemingly straightforward rules, buying foreclosures is not easy as it may sound. Sophisticated investors use the technique so novices may find themselves among stiff competition.
Resources:
* "The Smart Money Guide to Bargain Homes, How to Find and Buy Foreclosures," James I. Wiedemer, Dearborn Financial Publishing, Chicago; 1994.
* "Real Estate Principles," Charles O. Stapleton III, Thomas Moran and Martha R. Williams, Dearborn Financial Publishing, Chicago; 1994.
* "Real Estate Investing From A to Z," William H. Pivar, Probus Publishing, Chicago, 1993. |
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| Q: |
Where can you find foreclosed HUD homes? |
| A: |
The U.S. Department of Housing and Urban Development acquires properties from lenders who foreclose on mortgages insured by HUD. These properties are available for sale to both homeowner-occupants and investors.
You can only buy HUD-owned properties through a licensed real estate broker, whose commission will be paid by HUD.
Down payments vary depending on whether the property is eligible for FHA insurance. If not, payments range 5 to 20 percent. When the property is FHA-insured, the down payment can go much lower. Each accepted offer must be accompanied by an "earnest money" deposit equal to 5 percent of the bid price not to exceed $2,000, but not less than $500.
You should be aware that HUD homes are sold "as is," meaning limited repairs have been made but no structural or mechanical warranties are implied. |
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| Q: |
Do you have to buy HUD homes through a realty agent? |
| A: |
You can only purchase a U.S. Department of Housing and Urban Development property through a licensed real estate broker. HUD will pay the broker's commission up to 6 percent of the sales price. |
Q: What about buying a foreclosure "as is"?
A: Buying a foreclosure property can be risky, especially for the novice. Usually, you buy a foreclosure property as is, which means there is no warranty implied for the condition of the property (in other words, you can't go back to the seller for repairs). The condition of foreclosure properties is usually not known because an inspection of the interior of the house is not possible before the sale.
In addition, there may be problems with the title, though that is something you can check out before the purchase.
Q: Where do I learn about HUD foreclosures?
A: One good source is their Web page http://www.hud.gov
Copyright 1999 Inman News Features
How To Avoid Foreclosure From Happening To You By: John Nazareno
Foreclosure is a term many people may have heard of yet are unsure as to what the term means exactly. Foreclosure is something which affects homeowners who have a mortgage or lien on their home and do not own the house outright. There are a few things which homeowners should be aware of with regard to foreclosure in order to prevent this from happening to them.
What Is Foreclosure?
Foreclosure is when a lender who currently holds a mortgage on one’s home can come in and repossess the home due to a number of reasons but mainly for nonpayment of a mortgage. For those individuals whose home is less valuable than their current loan balance, they may also owe a deficiency judgment as a result thereof.
How Do Foreclosures and Deficiency Judgments Affect the Individual?
There are many ways in which foreclosures and/or deficiency judgments can affect an individual. First and foremost, when a home is foreclosed upon that individual loses their living quarters plus any money which they have already paid for the home. When one has a deficiency judgment issued against them they will find that they will owe varying sums of money in order to make up the difference between the value of the home and the outstanding loan on the home. Also, it is important to note that either one of these incidents can affect the credit of an individual and cause a blemish on their credit rating for years to come.
Ways to Prevent Foreclosure
There are a few ways in which homeowners paying mortgages can avoid foreclosure on their beloved home. The first way in which to do so is to pay the mortgage bill on time. This is the primary answer for those who ask how to avoid foreclosure. For those who have difficulty with doing so from time to time, there are other ways to prevent this from occurring.
The homeowner should always address letters from the lender which revolve around late payments. Within these letters the homeowner will find important information that tells the homeowner what to do if they are having trouble making payments. The letter will ultimately include phone numbers and names of contact individuals at the financial institution so that they can discuss their payment issues with a lender representative. It is crucial for the homeowner to speak with the lender and not bury their head in the sand to avoid it. Avoiding a problem such as nonpayment of mortgages will not make it go away and will only make it worse.
Individuals who are having trouble making mortgage payments should also be certain to stay in their homes and not abandon the property in any way. This will only hurt the individual in the long run and make foreclosure even that much more of a possibility.
Lastly, if the home is a HUD home, there are HUD counseling agencies which will aid the homeowner in preventing foreclosure issues from arising. The homeowner should contact HUD authorities to discuss ways in which to keep their home and make payments.
Possible Alternatives to Foreclosure
For those individuals who have trouble making mortgage payments on their home and fear foreclosure, it is important to know about other alternatives which may be recommended besides the dreadful foreclosure. Not all of these alternatives will apply to each and every individual but some may prove to be very handy when all is said and done. The first is called a special forbearance.
The special forbearance is something which may be arranged by the lender whereby the homeowner receives a payment schedule adjustment and may also receive a suspension of payments for a certain period of time. The representative of the lender will discuss options with the homeowner and after reviewing their situation decide if a special forbearance is warranted.
Another alternative to foreclosure is the mortgage modification. A mortgage modification is where the homeowner has the option to extend the loan period or refinance their current loan to get a lower rate and therefore have lower monthly payments. This is a wonderful option for those individuals who do not make enough each month at the moment to currently pay their mortgage.
A partial claim is another alternative for homeowners facing foreclosure to consider. The partial claim is available to those individuals who have HUD loans. With this payment alternative, the Department of Housing and Urban Development would help the homeowner bring their mortgage up to the current balance by paying the money which is overdue. This is a way to help the homeowner get out from under the mounting debt and then try to get them on the right payment schedule.
Some individuals may find that selling their home is the best bet and they can do so by way of a pre-foreclosure sale. This allows the individual to sell their home for an amount less than the total mortgage amount due prior to having it sold via foreclosure sale.
Lastly, one may be able to submit a deed in lieu of foreclosure. Although this still will not prevent the homeowner from losing their house, it will help them in the long run by not having a foreclosure on their credit history.
Summary
Foreclosure is a serious matter for homeowners to face. However, it is important to know that there are ways to prevent foreclosure and alternatives to foreclosure do exist should such a thing be necessary in the end.
About the Author:
Information about Foreclosures in California and other states including tax liens and tax deeds. The Bay area is considered a beautiful and interesting area to live as well as to visit. If you're looking to start your search for Bay Area Real Estate please visit my website. Read more articles by: John Nazareno
Article Source: www.iSnare.com
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