Foreclosure Prevention
Current Rates, News & Information
The process of foreclosure, if taken far enough, can result in a public auction, which basically means you're about to lose your house. For buyers, this is a great time to score a cheap house with all the fixins', but for the owner, it can be one of the most difficult periods of a lifetime.
When Is a Home in Danger of Public Auction?
Fortunately for the owner of a home, public auction is the last step inthe lengthy process of foreclosure. Usually, the owner will have had to default on the mortgage loan after around three months of missed payments. At this point, the mortgage lender will send what is known as a Notice of Default (NOD), which will alert the homeowner that too many payments have been missed.
If no action has been taken after the NOD has been received, the lender will send out a Notice of Acceleration, which informs the homeowner of the need to pay the full balance of the loan in order to avoid losing the house. If still no action is taken, the Notice of Sale is sent out, which basically alerts the public of the intended sale of the homeowner's property. At this point, the homeowner still owns the property, but is in danger of the public auction, which usually occurs several weeks later.
In order to save a home, the homeowner should take steps to do so sometime in the process of foreclosure before it is in danger of going to public auction.
What Happens at the Public Auction?
If your home is at risk for public auction, it's good to learn what happens in this last step ofthe process of foreclosure. First, an opening bid is set on the property by the lender, usually for the outstanding loan balance, interest that has accrued, and other fees. If bids don't match the opening bid, thepropertyis purchased by the attorney conducting the sale on behalf of the lender and considered Real Estate Owned (REO).This means, your property will be owned by the lender - however, you still could be responsible for some of the balance.
Going through the process of foreclosure is something no one should have to endure. So if you are currently suffering through this tough circumstance, now is the time to talk to your lender to avoid reaching the point of public auction.
Many consumers who owe more on their home than it is currently worth may be looking for a way out of their failed financial investment. A short sale may be the way to get out from under while helping to ensure that your credit score remains relatively intact. If homeowners are fearful that they are going to become victims of foreclosure, a preforeclosure short sale is a way to take matters into their own hands. A short sale can help ward off the the bank seizing their property in a traditional foreclosure process. The accustomed procedure can damage the homeowners credit for up to ten years!
Homeowners cannot just list their homes as short sales, there are certain steps that must be adhered to. If you are interested in this option, some short sale basics you should know about are:
- Home-sellers must discuss the option of a short sale with their mortgage holder to get the financial institution's permission
- Home-sellers will be responsible for hiring a real estate agent to find an appropriate buyer
- Typically the real estate agents representing a short sell must reduce their commission in order for the banks to be willing to absorb a loss
- Ultimately, through the short sale procedure, the house will be sold at a loss
- The bank is well aware that there will be some type of loss but may require the home seller to share the financial burden with them
- Consumers entering a short sell must cut down on their spending to make the bank more willing to do you a favor of absorbing the loss
- Even if your bank absorbs the loss, the IRS might treat the sale as taxable income and the home-seller will be responsible for paying off the taxes
- Despite their name of "short sales" they may take several long months to process as the bank has the final word on how much loss they are willing to accept and may hold the offer of one buyer while waiting for a better deal to present itself
Banks are not in the business of handling real estate and are open to other alternatives that will prevent them from becoming property owners. If you feel like the end of your home-ownership may be near, speak with your bank directly about arranging a short sale.
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