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The Foreclosure Process

 
The process of foreclosure is controlled by state law and, as a result, different states have unique characteristics about the process in their respective state. In California, for example, lenders are required to file a "Notice of Default" (NOD) against a borrower in order to start the foreclosure process. After the NOD has been filed, the borrower then has 90 ninety days to cure the default. Curing the default can be done by paying the amount in default or renegotiating the terms of the debt with the lender. If the borrower has not cured the default within the ninety day period, the lender can file a "Notice of Sale" and schedule a sale date for the property no less than 21 days following the filing. Generally, foreclosure sales operate as auctions and take place on the steps of the county courthouse. Bidders on the property are required to pay in cash or certified funds at the time of the sale.

Bear in mind that lenders do not want to own real estate, they want to earn interest on loans. When a lender makes a real estate loan, they accept the real estate as collateral against the loan in the event that the borrower is unable to perform as agreed. As we all know, sometimes things happen that the borrower never intended and, as a result, the borrower is unable to pay as agreed. Foreclosure, to the lender, is nothing more than an attempt to force the borrower to pay as agreed. Because of a number of factors associated with the laws and financial requirements of banks, lenders would prefer to have the loan brought current than for them to have to sell the property.

 
Foreclosure Prevention
 
If a borrower is unable to pay as agreed and they receive a NOD, they have several options to rectify the situation. Please be aware that when a NOD is filed it is a public record. For the borrower who has received an NOD, their options are:

(1) Bring the loan current by paying as agreed.

(2) Attempt to renegotiate the terms of their existing loan with the lender. If the lender is able to identify that the problem in paying is a short term problem that has been or could easily be resolved in a timely manner, then they may be willing to alter the terms of the original loan to resolve the problem.

(3) Borrow money from another lender to cure the default. If the property is currently worth more than the amount owed, the owner has "equity" in the property. There are lenders who make loans based on the equity in a property. Traditional lenders like your neighborhood bank will generally not make these loans. Equity lenders charge higher interest and fees than traditional lenders, but they can be a short term solution. You can find a list of Equity Lenders, also known as Hard Money Lenders, in our real estate directories. Fill in the reply form at the bottom of this page to receive a list of equity lenders in your area.

(4) Sell the property. Selling a property for fair market value is often a great way to make the most out of an unpleasant situation. If you are in default, it is very important that you hire a real estate agent in your area that is familiar with the unique aspects of selling a property in default. Successful real estate agents specialize in specific types of properties and circumstances, hire one that is familiar with the specifics of selling a property in default. Many agents who have listings for REO Properties are skilled with this type of sale and may have a relationship already with your lender.

(5) Utilize the services of a "Real Estate Investor". Depending on the circumstances, using an investor may make sense. Please beware that it is an unregulated industry and some investors can be quite unscrupulous. The objective of the investor is to purchase a property for less than its fair market value, regardless of the strategy that they are using. There are a number of publications and services that provide listings of NOD filings. Many investors subscribe to these and it is likely that an owner who receives an NOD will subsequently receive many inquiries from investors. An NOD property, to the investor, is a bargain opportunity.

 
 
 
 
 
 
 
 
 
 
 
 
 

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