Foreclosure
is a process that allows a lender,
(bank), to
recover the amount owed on a
defaulted loan by selling or taking
ownership, (repossession) of the
property securing the loan. The
foreclosure process begins when a
borrower, (homeowner), defaults on loan
payments, (usually mortgage payments),
and the lender files the necessary
documents to begin the foreclosure
proceedings.
Click to see active
Irvine "Short Sales" - Subject to Lender
Approval" homes.
Short sales are typically defined as
transactions in which the lender agrees
to accept less than the full amount due
on a mortgage when a property is sold in
order to avoid a lengthy and costly
foreclosure process, and the
consideration of new rules is in
response to the growing share of
short-sale and foreclosure transactions
across the country. Short-sale
transactions can lead to lower
compensation for real estate
professionals involved than they would
receive in standard transactions.
In
just about all foreclosure
cases, the bank goes after the owner
who they repossessed the home from,
and tries to get back the money they
were "shorted", (the difference
between what they were owed, and the
amount they were paid after the
sale).
Notice of
Default (NOD) is a publicly recorded notice that a
property owner has missed scheduled
loan payments for a loan secured by
a property. Some states require
lenders to record a notice of
default to begin the foreclosure
process.
Here in CA, lenders hardly ever
file a Notice of Default until the
borrower is at least 60 days behind
in making payments. After that's
done, the lender must then wait 90
days, during which time the borrower
has the right to make up the back
payments and reinstate the loan.
After 90 days, the lender is
required to publish a notice in the
newspaper for 20 days and then may
sell the property to the highest
acceptable bidder on the courthouse
steps. If no acceptable bid is
received, the trustee then conveys
the property to the lender.
Click to get
detailed listings of "Notice Of
Default" homes.
If you decide this is what you may
want to buy, be patient because it's
a long process.
The foreclosure process can
end one of four ways:
- The borrower, (homeowner),
reinstates the loan by paying
off the amount that's in default during a
grace period, also known as pre-foreclosure.
- The borrower, (homeowner), sells the
property to someone else during
the pre-foreclosure period. The
sale allows the The borrower,
(homeowner),
to pay off the loan and avoid
having a foreclosure on his credit
report.
- Someone else buys the
home at an auction at
the end of the grace
period.
- The bank repossesses the
home, and gets a REALTORŪ to sell
it for them. The bank can either
repossess the home by
arrangement with the borrower,
(homeowner) during the grace
period, or by buying
back the home at an
auction. Properties repossessed
by the bank are also known as
bank-owned or
REO properties
(Real Estate Owned by the lender)