Pre-foreclosure
Foreclosure
Sale
Mortgage
Owned Properties (REO)
If
the property owner faces financial difficulty and fails to pay mortgage
payments for the property, the property becomes default. Financial lender,
then take action to acquire their unpaid mortgage debt and forecloses
the property. There are three foreclosure phases that real estate investor
can encounter and profit; pre-foreclosure, foreclosure
sale and mortgage owned properties.
There
are two types of foreclosure procedure depending on the state or county;
Judicial foreclosure and non-judicial foreclosure. In Judicial foreclosure,
financial lender informs the property owner and other junior liens that
the property will be foreclosed. If property becomes default and financial
lender brings the case to the court. The financial lender will put foreclosure
sale notice on the newspaper and foreclosure sale will be held if the
homeowner doesn't pay up the debt before auction date. In non-judicial
foreclosure, financial lender puts notice of default in the newspaper
to foreclose on the property without bring it to the court.
Financial
lender may only try to acquire the amount of mortgage owned, taxes,
interests and penalties and court costs at the foreclosure sale. By
law, financial lender is not to gain profit by foreclosure sale and
only get final judgment amount, if they acquired more than they are
owed then the rest amount goes to property owner. Often the sale price
may not cover the loan amount. If financial lender takes title to the
property at the foreclosure auction, however, they can resell it as
REO.
Property
may have several lien on the property such as first mortgage, second
mortgage, property taxes etc. During foreclosure process, all junior
liens are wiped out. The senior lien holder has right to foreclose.
IRS tax and property
tax liens are senior liens above mortgage liens. If mortgage lender
want to collect their debt by foreclosure, they may pay off tax and
IRS liens to be the senior lien on the property.
Want
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