First foreclosure deal - Posted by Edwin L.

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First foreclosure deal - Posted by Edwin L.

Posted by Edwin L. on October 14, 2005 at 17:20:36:

There will be a trust deed sale for a SFH in the next couple of weeks in which I will be attending, with a minimum bid of $105-$110K. The FMV is approximately $250K. I pulled the preliminary report on the property and the only trust deed on the property is the one instituting the foreclosure proceeding, however, the loan amount on record is only $60K dated (loan date 1986). The property exterior looks normal, but I am unable to get inside because the owners are occupying the property. If I am successful at the trust deed sale, can any unrecorded lien show up after the sale and bite me in the ass?? Assuming that there is about $20K in expenses (eviction, atty., rehab, title, etc.), what should my top offer be? What else should I investigate into before attending the trust deed sale?

I appreciate all comments.

Re: First foreclosure deal - Posted by JohnS

Posted by JohnS on October 15, 2005 at 22:50:17:

I’m looking at doing my first foreclosure soon, same as you. Here’s what I found in my local (TX area): at auction the mortgage bank bids appraised value or higher, thus a winning bid with no cost to them, as they end up with the house and the money.
So Brian is right, get over and get the deal done, even if you don’t end up with the house at unpaid balance. 'Cause you won’t get it at auction at that price. Tell the owner this is flat out his best option, and forebearance isn’t an option unless his income situation is already better. Good luck!! BTW, how’d you find out about this deal?

Re: First foreclosure deal - Posted by Trena

Posted by Trena on October 15, 2005 at 08:18:04:

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Re: First foreclosure deal - Posted by Brian (UT)

Posted by Brian (UT) on October 14, 2005 at 20:12:25:

Edwin

What state, why is the minimun bid more than the loan balance plus foreclosing expenses, and why aren’t you making a deal now before the sale. Get over to the owner and tell him your aware of whats going on and is there a way the two of you can come to some agreement which will net him more money then letting it go to trustee sale!

Brian

Re: First foreclosure deal - Posted by Natalie-VA

Posted by Natalie-VA on October 16, 2005 at 12:43:28:

John,

You said, “the mortgage bank bids appraised value or higher, thus a winning bid with no cost to them, as they end up with the house and the money.”

I may be misunderstanding this, but if a lender bids more than is due, and ends up with the house, don’t they have to pay the borrower the difference? If so, it wouldn’t make sense for lenders to do what you are saying.

I’m in Virginia and I’ve never seen a lender base their bid on an appraisal. They will usually bid what’s owed to them plus the fees they incurred taking the property to auction.

On occasion, I’ve seen lenders put in a specified bid for much less than what is owed because they don’t want the property.

It also depends on the type of loan. Lenders foreclosing on FHA loans will always bid full indebtedness.

This has just been my experience…

–Natalie

Re: First foreclosure deal - Posted by Edwin L

Posted by Edwin L on October 16, 2005 at 19:00:05:

The foreclosure proceeding is in CA. I am not sure why the min. bid is so high in comparison to the first loan. I think contacting the owner’s is a great idea, however, since the auction in on Oct. 27th, isn’t the reinstatement period over by now? Or can I still reinstate? I have the funds to pay off their loan entirely. If I am the highest bidder, do you know what the redemption period is in CA? Appreciate any advice.

Re: First foreclosure deal - Posted by JohnS

Posted by JohnS on October 16, 2005 at 15:59:57:

Natalie, I meant that what I saw bid was in the neighborhood of the appraised value, as if it was used as a guideline, not THE hard and fast number.

I may be, (probably am) wrong, but I think the process calls for the County to take possession of the property at the behest of the mortgager (and thus the mortgagee is shut out, which occurs I think close of business the day before the sale), and on behalf of the motgagor sells the property
to satisfy the mortgagors claim.

The mortgagee no longer has interest in the property (Legal control taken by the county?), and is due no proceeds from the sale in excess of the mortgagor. I assme this is the legalese for the process.

But I still stand by the point I made: the mortgager bid in the area of the appraisal value, shutting out opportunity to get the property at Balance owed type numbers. I saw several sets of courthouse sale docs, with numbers, and this is what I saw. I must admit I was only looking Bank owned, I don’t know what HUD would look like. I haven’t looked @ HUD 'cause I hear they are on hold selling foreclosures in TX for Katrina relocations, etc…

Anyway, thanks for your interest and input. John

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Re: First foreclosure deal - Posted by Brian (UT)

Posted by Brian (UT) on October 17, 2005 at 11:46:51:

Edwin

There is no redemption period in California after the trustee sale. The only thing that may happen is the chance of someone trying to overturn the sale by a claim that the sale was legally flawed,and if that proves to be the case then round two starts.

Why wait for the trustee sale unless there are junior liens that can be wiped out, and if there aren’t then why wait and risk another investor or buyer beating you out at the trustee sale?

Brian

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Re: First foreclosure deal - Posted by Edwin

Posted by Edwin on October 18, 2005 at 23:04:39:

I was just thinking…how would I obtain title insurance? I should have hazzard insurance in place immed. after winning the home. Don;t wan’t any sore owners burnning down the house. Any comments??? Thanks.

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Re: First foreclosure deal - Posted by Brian (UT)

Posted by Brian (UT) on October 19, 2005 at 24:01:46:

Edwin

In your original post you stated you had pulled a preliminary report so I assumed this was a report from a title company so you were already familiar with title insurance companies. If that is the case go in and talk to the office manager about foreclosure
sales and title insurance. If it wasn’t a title company report what kind was it?

Brian

Re: First foreclosure deal - Posted by Edwin L.

Posted by Edwin L. on October 19, 2005 at 17:57:12:

Brian,

It was a prelim. from a title company. The title officer advised me that after a foreclosure sale, title insurance can’t be issued, until I resold the property (flip it). That’s cool. She also told me to get a binder (hazzar) insurance for stand by if I was the highest bidder. I did talk to the owner, who said he was in the process of a refi. I not sure if he will make it time. Did I mentioned that the prelim. rpt indicated that the owner had (3) NODs on record. I went over to the property yesterday, and mannn…the property is neglected…you can see broken windows, etc. Do you know of any other unrecorded liens that can haunt me besides the IRS? Any other tips for me. This is my first deal. Thanks for your comments.