Archive for Property
Understanding Foreclosure
Posted by: | CommentsSan Diego Foreclosures For Sale
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I hope you’re going to enjoy the following article on investing in real estate. If you want to know more visit my website.
The recent collapses in the mortgage industry have left a large number of consumers scratching their heads in an effort to better understand the economics behind borrowing money. From the opposite side of the spectrum, this rash of foreclosures has left many savvy real estate investors scratching their heads trying to figure out how they can make money from the foreclosed properties. Though the processes can be lengthy and rather complicated, the best place to start is with a basic understanding of how foreclosure works, and what it actually means.
Foreclosure is simply the act of a bank, mortgage company, or anyone else who loaned you money for your house saying, “We loaned you money and you aren’t paying us back in the way that we agreed. As a result, the loan is cancelled. Pay us now.” Most people cannot repay the loan immediately so the house is claimed as collateral. This process can take several different forms.
The first is judicial foreclosure. Judicial foreclosure involves the court system. This is the most common type of foreclosure, and in many areas it is the only legal option of foreclosure available. The court system will oversee the sale of the foreclosed property and the money made from the sale will go to pay back the bank or mortgage company. If there is any money left over, it will be used to pay off any liens that may be held against the property. Liens are claims that other creditors may place against your property. The lien is a legal agreement that says. “Party A owes me money, so if they decide to sell their house then they don’t get any of the money until the debt to me has been paid in full.” After all the creditors and lien holders are paid, the original homeowner will get whatever is left.
The second type of foreclosure is non judicial foreclosure. Also known as “foreclosure by power of sale,” this is the preferred method by most creditors because the process tends to move much faster than court supervised foreclosure. This method is not legal in every state. The distribution of funds follows the same schedule as the court supervised foreclosures, with the original homeowner finally getting whatever proceeds of the sale are left at the end.
If you are an investor seeking to take a 2nd mortgage and buy foreclosed real estate, then you will quickly become familiar with the term, lis pendens. This is a Latin phrase meaning “pending lawsuit.” In the world of mortgages and foreclosures, it is a publicly recorded list of properties that are about to foreclose. Once the process has begun for judicial foreclosure, the municipal clerk in your county or town will publish the list of suits that have been filed. This is a great place to look for real estate investors who may be able to buy homes directly from people who are about to go through foreclosure. It is a chance to pick up property for a good price and for them to avoid going through the foreclosure process.
Before a suit is filed, the creditor is required to issue a Notice of Default. This is a legal notice that informs you, the borrower, that your original loan is in default status and that the original agreement that was established for payment is no longer binding. Most lenders will place a mortgage into default status when the payment reaches the point of being 90 days late. By day 95, the Notice of Default will have been presented to you. If you have a default loan you may still be able to salvage your home, but you will need to act quickly.
As a real estate investor, there are two different ways to buy distressed properties. The first is to purchase pre-foreclosure properties. It is pre-foreclosure because the property still belongs to the original homeowner. Though proceedings for the foreclosure may be underway, the homeowner may be willing to sell the property for just enough to satisfy the amount of the loan. This leaves the investor with a great deal on a piece of property and the homeowner avoids the traumatic experience of foreclosure. Foreclosure property sales that are not “pre” have already reached the point where the property is back in the banks name and they are selling it just to see how much they can recover. Again, this is a great opportunity to buy, as the banks often don’t push for higher prices at auction. They simply want to recover the outstanding portion of the loan.
The increase in sheer volume of foreclosure is evidence that many people simply do not understand what they are getting into when they buy their first home. Having identified this as a problem, there are many government back institutions and even some private ones, who offer assistance to home buyers. While they can help you secure funding, organizations like VA/HUD, Freddie Mac, and Fannie Mae are also excellent sources of information.
San Diego Foreclosures For Sale
Today, it is estimated that one in ten homeowners is either in foreclosure or behind in their payments. As the economic crisis becomes more severe and the recession feeds upon itself, people have become more and more desperate to find some way to hold onto their houses. With such conditions, the average member of the public is ripe for a scam and the and those who try to dupe you or use trickery know this. It is no surprise, therefore that the number of foreclosure and loan modification scams are on the rise.
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Those who are most likely to be targeted by persons attempting to perpetrate a fraud are the elderly, anyone entering foreclosure, people who have recently lost their jobs, families who have lost a loved one, people who have limited knowledge of English, people with limited resources, and homeowners whose payment amounts have recently been raised.
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The moment you enter foreclosure, you can expect to be inundated with offers of help from many individuals with generic type sounding names, and some claiming even to have references from churches or other social organizations near you. These are, in most cases, some of the people you should stay away from at all cost.
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The person who will approach you in this type of scam is more often than not, well-dressed, well groomed, and seems personable, kind, and trustworthy. Some utilize social skills to put you at ease such as their representation to be of the same religion as you, or even the same church, to have been in the military if they think that will put you at ease or feel more trusting of them, and others will claim to be working for non-profit organizations, or branches of the government.
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If you need help selling or finding a home or land in Southern California, in Riverside County, San Bernardino County, Orange County or San Diego County or anywhere in the Inland Empire or Coachella Valley including Palm Springs, Palm Desert, Indio, La Quinta, Indian Wells or Rancho Mirage, call us at any of the numbers you find on our website at http://www.SebastianGibsonProperties.com
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In the interim, these are some of the most common scams you should be aware of and hereâs what you can do to avoid being a victim of such real estate scams, ripoffs and frauds.
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1) The Disappearing Foreclosure Consultant – With a helpful sounding name, and armed with references and a kind voice, the person who contacts you promises to help you stave off foreclosure with just an up-front fee for their time. The only problem is, as soon as the money clears their bank, you never see or hear from them again. The soon-to-be phantom performs little or no service, takes your money and you are left with your original problems and less time to try to save your home from foreclosure.
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2) Loan Modification Helpers – Unlike Santaâs Helpers, in this scam you pay a fee up front to the “loan modification expert” to negotiate directly with your bank, only here you donât get a present from Santa. If the expert really gains your trust, you also make your mortgage payments directly to the expert rather than to the mortgage company. Both the up front fee and the mortgage payments go directly into the pocket of the loan modification helper with the white beard and the kind voice and by the time you receive notice that your house is in foreclosure, this elf has disappeared and is back at the North Pole.
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3) Just Sign Here Scams – As you face the prospect of foreclosure, one offer of help seems far better than all the others because it allows you to stay in your home as they save it from foreclosure. Unfortunately, in the papers you sign without having a lawyer look at them, you agree, knowingly or unknowingly, to sign over the house to the person offering this help and still remain responsible for the mortgage payments. The person then either sells your house, collects other fees from you or holds onto the house and evicts you.
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4) Sale and Leaseback Scams – In this scam, if you are a homeowner who still has some equity in your home, you will be convinced to sign over title in your home and pay rent to the scam artist with the promise that they can bail you out, cure your problems and that you will be allowed to buy back the house later at a bargain price. All of this can be accomplished, but only if the property is in the consultantâs name. The payments you make go directly to the scam artist and eventually you will find yourself holding the bag. You may also find yourself evicted when you can no longer make the excessive rent payments. If you have lost your job and are having trouble making your house payments, even if you have equity in your home, you may be tempted by this scam. And while you would be entitled to the excess equity in your home if the house is sold in foreclosure, when you fall victim to this scam, you will lose the equity when it is either sold out from under you or the equity is stripped away by the new owner.
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5) The Trust Me, Iâm Religious or I Was In The Military Too Scam – These people posing as Christians, former members of the military or members of whatever social organizations you belong to come complete with references from members of your church or with military haircuts and promise that by adding them to the title to your home, they can rescue you from foreclosure, and have your credit repaired. Having gone through your mail or your trash, they probably know all about you. Thereâs no need to see a lawyer, they tell you. Just pray with them or have a drink with them and swap military stories. Just be sure to hold on to your wallet, donât give them any money and donât sign anything.
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6) Sign Me Up Scotty And Get A New Loan Scam – In this scam, you are told that if you add the nice looking good Samaritan onto your title by signing a Grant Deed or other legal instrument, (which you are told, you donât really need to read) this friendly person can apply for a new loan, which, unfortunately, if approved, will leave you on the hook for both the old loan payments and the new loan payments, and any up front fees you pay for this service will disappear with this fraud.
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7) Buy My Books, Take This Seminar And Make Millions Scam – You may see this offer on late night television, on roadside signs or even on billboards. Only this time, you are talked into buying materials that are full of worthless information that will do nothing to help you avoid foreclosure. Even worse, the materials you receive may offer advice that will land you in jail by telling you how to approach others in foreclosure and advise you to tell them you can save them from foreclosure. The trouble is, what you will be doing is either practicing law without a license or acting as a credit repair agency or loan modification expert without a real estate license and without an advance fee agreement approved by the Commissioner of the California Department of Real Estate and without being registered with the California Department of Justice.
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The Short Sale Scam – In this scam, the “short sale specialist” who contacts you promises his expertise to accomplish a short sale in a small amount of time that will protect your credit. There is a fee of course that would have been better spent on groceries. When the real estate market was better, there were additional wrinkles to this scam that today are more difficult to perpetrate due to the difficulty of selling homes in this economy.
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9) Itâs Like Magic – Here the homeowner is told to sign one thing, but the homeowner winds up signing something altogether. In some instances of this bait and switch scam, the scam artist will serve as the notary as well. In conjunction with this and other scams, or in other variations, forgery may be utilized, and identity theft employed as well.
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10) Want Somewhere Cheap To Rent Scam – Here the bogus homeowner or leasing agent takes your rent payment and security deposit and rents or leases you vacant residential or commercial property, that isnât owned by the person you are talking with and if you are talking with a leasing agent, this “agent” has no authority to offer you the property for rent or lease.
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Here are the five tips of advice we recommend to anyone in this situation being approached by people offering help.
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1. Avoid any solicitations of help that come unexpectedly, by mail, e-mail and by phone or to your door.
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2. Avoid using any help agency whose name you find on roadside signs such as those which state “We Buy Homes For Cash” and those which promise to “Stop Foreclosure.”
Â
3. Avoid paying up-front fees to foreclosure or loan modification experts.
Â
4. Disregard anyone who tells you not to talk to your bank or tells you to avoid consulting with a lawyer.
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5. Donât sign anything without having it reviewed by a real estate lawyer.
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Red flags to you that you are about to be scammed should include requests of you for any of the following: to pay money up-front before any service has been performed, payment by cash, cashierâs checks or bank wires only, transfers of title, actions to be taken immediately, power of attorney, signatures on grant deeds, signatures without any explanation or while under time constraints, signatures on incomplete documents, and mortgage payments to persons other than the mortgage company.
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Other red flags include unqualified promises, offers that sound too good to be true, failures to provide you with copies of what you sign, oral promises that are in conflict with written provisions, refusals to put the oral promises in writing, oral statements that the provisions in writing donât mean what they say or wonât be enforced, and warnings not to discuss the matter with an attorney, your lender or anyone else.
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In the Inland Empire and Riverside County, you can count on Sebastian Gibson for all your real estate needs from Palm Springs to Palm Desert, from Indio to La Quinta, in Indian Wells and Rancho Mirage, from Cathedral City to Coachella, in Yucca Valley and Twentynine Palms. To learn more about
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To learn how we can help you in finding, listing or selling your home, land, or horse property in Southern California, the Inland Empire, Riverside County, San Bernardino County, Orange County or anywhere in the Coachella Valley, call Sebastian Gibson Properties at any of the numbers on our website at http://www.SebastianGibsonProperties.com
The Realtors of Sebastian Gibson Properties serve all of Southern California including Riverside County, San Bernardino County, Orange County, San Diego County, the Inland Empire and all of the Coachella Valley in assisting in transactions involving homes for sale, land for sale, and horse property for sale in cities such as Palm Springs, Palm Desert, Indio, La Quinta, Indian Wells, Rancho Mirage, Cathedral City, Coachella, Yucca Valley, Twentynine Palms, Desert Hot Springs and Joshua Tree.
Visit our website at http://www.SebastianGibsonProperties if you need assistance with finding a home or land or with a home for sale, land for sale or horse property for sale. We have the knowledge and resources to represent you as your Palm Springs Realtor and Palm Springs Real Estate Agentin any transaction including homes for sale in Palm Springs, land for sale in Palm Springs and horse property in Palm Springs or anywhere in Southern California.
San Diego Foreclosures For Sale
Here is our top ten for Palm Desert:
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1. Children laugh at your Home For Sale sign as they ride by on their bicycles.
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2. The bank keeps pleading with you not to give them your house.
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3. Real estate agents hang up when you ask them to list your house.
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4. Government bailout plans to prevent foreclosures specifically exempt your house from any help.
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5. Joe the Plumber wonât work on the plumbing.
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6. Sarah Palin canât think of any mavericky ways to help you.
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7. The neighborâs auction didnât produce any bidders.
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8. You didnât get a single bid on ebay.
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9. Your house is always used as an example of the housing slump by your local news.
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10. They refused to do a house makeover of your home on TV.
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Today, it is estimated that one in ten homeowners is either in foreclosure or behind in their payments. As the economic crisis becomes more severe and the recession feeds upon itself, people have become more and more desperate to find some way to hold onto their houses. With such conditions, the average member of the public is ripe for a scam and the and those who try to dupe you or use trickery know this. It is no surprise, therefore that the number of foreclosure and loan modification scams are on the rise.
Â
Those who are most likely to be targeted by persons attempting to perpetrate a fraud are the elderly, anyone entering foreclosure, people who have recently lost their jobs, families who have lost a loved one, people who have limited knowledge of English, people with limited resources, and homeowners whose payment amounts have recently been raised.
Â
The moment you enter foreclosure, you can expect to be inundated with offers of help from many individuals with generic type sounding names, and some claiming even to have references from churches or other social organizations near you. These are, in most cases, some of the people you should stay away from at all cost.
Â
The person who will approach you in this type of scam is more often than not, well-dressed, well groomed, and seems personable, kind, and trustworthy. Some utilize social skills to put you at ease such as their representation to be of the same religion as you, or even the same church, to have been in the military if they think that will put you at ease or feel more trusting of them, and others will claim to be working for non-profit organizations, or branches of the government.
Â
If you need help selling or finding a home or land in Southern California, in Riverside County, San Bernardino County, Orange County or San Diego County or anywhere in the Inland Empire or Coachella Valley including Palm Springs, Palm Desert, Indio, La Quinta, Indian Wells or Rancho Mirage, call us at any of the numbers you find on our website at http://www.SebastianGibsonProperties.com
Â
In the interim, these are some of the most common scams you should be aware of and hereâs what you can do to avoid being a victim of such real estate scams, ripoffs and frauds.
Â
1) The Disappearing Foreclosure Consultant – With a helpful sounding name, and armed with references and a kind voice, the person who contacts you promises to help you stave off foreclosure with just an up-front fee for their time. The only problem is, as soon as the money clears their bank, you never see or hear from them again. The soon-to-be phantom performs little or no service, takes your money and you are left with your original problems and less time to try to save your home from foreclosure.
Â
2) Loan Modification Helpers – Unlike Santaâs Helpers, in this scam you pay a fee up front to the “loan modification expert” to negotiate directly with your bank, only here you donât get a present from Santa. If the expert really gains your trust, you also make your mortgage payments directly to the expert rather than to the mortgage company. Both the up front fee and the mortgage payments go directly into the pocket of the loan modification helper with the white beard and the kind voice and by the time you receive notice that your house is in foreclosure, this elf has disappeared and is back at the North Pole.
Â
3) Just Sign Here Scams – As you face the prospect of foreclosure, one offer of help seems far better than all the others because it allows you to stay in your home as they save it from foreclosure. Unfortunately, in the papers you sign without having a lawyer look at them, you agree, knowingly or unknowingly, to sign over the house to the person offering this help and still remain responsible for the mortgage payments. The person then either sells your house, collects other fees from you or holds onto the house and evicts you.
Â
4) Sale and Leaseback Scams – In this scam, if you are a homeowner who still has some equity in your home, you will be convinced to sign over title in your home and pay rent to the scam artist with the promise that they can bail you out, cure your problems and that you will be allowed to buy back the house later at a bargain price. All of this can be accomplished, but only if the property is in the consultantâs name. The payments you make go directly to the scam artist and eventually you will find yourself holding the bag. You may also find yourself evicted when you can no longer make the excessive rent payments. If you have lost your job and are having trouble making your house payments, even if you have equity in your home, you may be tempted by this scam. And while you would be entitled to the excess equity in your home if the house is sold in foreclosure, when you fall victim to this scam, you will lose the equity when it is either sold out from under you or the equity is stripped away by the new owner.
Â
5) The Trust Me, Iâm Religious or I Was In The Military Too Scam – These people posing as Christians, former members of the military or members of whatever social organizations you belong to come complete with references from members of your church or with military haircuts and promise that by adding them to the title to your home, they can rescue you from foreclosure, and have your credit repaired. Having gone through your mail or your trash, they probably know all about you. Thereâs no need to see a lawyer, they tell you. Just pray with them or have a drink with them and swap military stories. Just be sure to hold on to your wallet, donât give them any money and donât sign anything.
Â
6) Sign Me Up Scotty And Get A New Loan Scam – In this scam, you are told that if you add the nice looking good Samaritan onto your title by signing a Grant Deed or other legal instrument, (which you are told, you donât really need to read) this friendly person can apply for a new loan, which, unfortunately, if approved, will leave you on the hook for both the old loan payments and the new loan payments, and any up front fees you pay for this service will disappear with this fraud.
Â
7) Buy My Books, Take This Seminar And Make Millions Scam – You may see this offer on late night television, on roadside signs or even on billboards. Only this time, you are talked into buying materials that are full of worthless information that will do nothing to help you avoid foreclosure. Even worse, the materials you receive may offer advice that will land you in jail by telling you how to approach others in foreclosure and advise you to tell them you can save them from foreclosure. The trouble is, what you will be doing is either practicing law without a license or acting as a credit repair agency or loan modification expert without a real estate license and without an advance fee agreement approved by the Commissioner of the California Department of Real Estate and without being registered with the California Department of Justice.
Â
The Short Sale Scam – In this scam, the “short sale specialist” who contacts you promises his expertise to accomplish a short sale in a small amount of time that will protect your credit. There is a fee of course that would have been better spent on groceries. When the real estate market was better, there were additional wrinkles to this scam that today are more difficult to perpetrate due to the difficulty of selling homes in this economy.
Â
9) Itâs Like Magic – Here the homeowner is told to sign one thing, but the homeowner winds up signing something altogether. In some instances of this bait and switch scam, the scam artist will serve as the notary as well. In conjunction with this and other scams, or in other variations, forgery may be utilized, and identity theft employed as well.
Â
10) Want Somewhere Cheap To Rent Scam – Here the bogus homeowner or leasing agent takes your rent payment and security deposit and rents or leases you vacant residential or commercial property, that isnât owned by the person you are talking with and if you are talking with a leasing agent, this “agent” has no authority to offer you the property for rent or lease.
Â
Here are the five tips of advice we recommend to anyone in this situation being approached by people offering help.
Â
1. Avoid any solicitations of help that come unexpectedly, by mail, e-mail and by phone or to your door.
Â
2. Avoid using any help agency whose name you find on roadside signs such as those which state “We Buy Homes For Cash” and those which promise to “Stop Foreclosure.”
Â
3. Avoid paying up-front fees to foreclosure or loan modification experts.
Â
4. Disregard anyone who tells you not to talk to your bank or tells you to avoid consulting with a lawyer.
Â
5. Donât sign anything without having it reviewed by a real estate lawyer.
Â
Red flags to you that you are about to be scammed should include requests of you for any of the following: to pay money up-front before any service has been performed, payment by cash, cashierâs checks or bank wires only, transfers of title, actions to be taken immediately, power of attorney, signatures on grant deeds, signatures without any explanation or while under time constraints, signatures on incomplete documents, and mortgage payments to persons other than the mortgage company.
Â
Other red flags include unqualified promises, offers that sound too good to be true, failures to provide you with copies of what you sign, oral promises that are in conflict with written provisions, refusals to put the oral promises in writing, oral statements that the provisions in writing donât mean what they say or wonât be enforced, and warnings not to discuss the matter with an attorney, your lender or anyone else.
Â
In the Inland Empire and Riverside County, you can count on Sebastian Gibson for all your real estate needs from Palm Springs to Palm Desert, from Indio to La Quinta, in Indian Wells and Rancho Mirage, from Cathedral City to Coachella, in Yucca Valley and Twentynine Palms. To learn more about
Â
To learn how we can help you in finding, listing or selling your home, land, or horse property in Southern California, the Inland Empire, Riverside County, San Bernardino County, Orange County or anywhere in the Coachella Valley, call Sebastian Gibson Properties at any of the numbers on our website at http://www.SebastianGibsonProperties.com
The Realtors of Sebastian Gibson Properties serve all of Southern California including Riverside County, San Bernardino County, Orange County, San Diego County, the Inland Empire and all of the Coachella Valley in assisting in transactions involving homes for sale, land for sale, and horse property for sale in cities such as Palm Springs, Palm Desert, Indio, La Quinta, Indian Wells, Rancho Mirage, Cathedral City, Coachella, Yucca Valley, Twentynine Palms, Desert Hot Springs and Joshua Tree.
Visit our website at http://www.SebastianGibsonProperties if you need assistance with finding a home or land or with a home for sale, land for sale or horse property for sale. We have the knowledge and resources to represent you as your Palm Desert Realtor and Palm Desert Real Estate Agentin any transaction including homes for sale in Palm Desert, land for sale in Palm Desert and horse property in Palm Desert or anywhere in Southern California.
Is Purchasing A Property That Is Short Selling Worth The Trouble?
Posted by: | CommentsI am currently in the process of purchasing a Condo in the South San Diego area and I’ve been shown a lot of property that is “Short Selling”. I was wondering if it is worth the time to go forward in trying to purchase a property that is “short selling”. I’ve been told that more than likely I will only be disappointed since there is a good chance the bank will not accept offers even at the listed prices. Also, that the bank tends to increase the price of the property when then causes potentially buyers to drop out ultimately causing the property to go into foreclosure at even a smaller amount then what was being offered.
I just want people’s inputs especially people who have purchased or tried purchasing property that was a “short sell”. Thanks everybody.
The Foreclosure Hearing
Posted by: | CommentsSan Diego Foreclosures For Sale
After the Foreclosure Hearing in which the Clerk of Superior Court approves the sale of the property being foreclosed, the Trustee will hold a Foreclosure Sale at the county courthouse in which the property is located. At the Foreclosure Sale the Trustee invites offers to buy the property from those in attendance and then accepts the highest bid. The highest bidder is bound by his offer the moment it is accepted.
After the Foreclosure Sale, there is a 10 day upset bid period in which another bidder may submit an upset bid that is higher than the reported sale price. An upset bid must be at least 5% and a minimum of $750.00 higher than the previously reported sale price. When an upset bid is made, the upset bid period starts over again for an additional 10 days. This process continues until 10 days elapse without an upset bid, at which point the last bid on the property is accepted and the foreclosure can be completed.
If you are a homeowner going through the foreclosure process, you have the right to stop the foreclosure and save your home up to and until the upset bid period expires by either paying the lender the money owed or working out an alternative to foreclosure with the lender.
For more information about Charlotte foreclosure and foreclosure alternatives, please visit: http://zellersrudd.com/areas_of_practice/foreclosure_alternative.aspx
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.
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.