What is Foreclosure?
Foreclosure is a process that allows a lender
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/owner defaults on loan payments (usually
mortgage payments) and the lender files a public default notice, called a
Notice of Default or Lis Pendens. The foreclosure process can end one of
four ways:
- The borrower/owner reinstates the loan by
paying off the default amount during a grace period determined by state
law. This grace period is also known as pre-foreclosure.
- The borrower/owner sells the property to a
third party during the pre-foreclosure period. The sale allows the
borrower/owner to pay off the loan and avoid having a foreclosure on his
or her credit history.
- A third party buys the property at a
public auction at the end of the pre-foreclosure period.
- The lender takes ownership of the
property, usually with the intent to re-sell it on the open market. The
lender can take ownership either through an agreement with the
borrower/owner during pre-foreclosure or by buying back the property at
the public auction. These properties are also known as bank-owned or REO
properties (Real Estate Owned by the lender).
Foreclosure Opportunities
Pre-Foreclosure Short Sale:
Buying a property in pre-foreclosure involves
approaching the borrower/owner and offering to buy the property outright.
The borrower/owner can walk away with the equity in the property and avoid a
bad mark on his or her credit history. The buyer has time to research the
title and condition of the property and can sometimes realize discounts of
20-40 percent below market value. This "short sale" process is very
uncertain and often time consuming and frustrating. Why? Because in
large lending institutions the beauracracy slows the review and approval
process, often to a snail's creep.
Public Auction:
If the loan is not reinstated by the end of
the pre-foreclosure period, potential buyers can bid on the property at a
public auction. Buyers often are required to pay in cash at the auction and
may not have much time to research the title and condition of the property
beforehand; however, a public auction often offers some of the best bargains
and avoids the unpredictability of dealing directly with the borrower/owner.
Bank-Owned (also called REO):
If the lender takes ownership of the
property, either through an agreement with the owner during pre-foreclosure
or at the public auction, the lender will usually re-sell the property to
recover the unpaid loan amount. The lender will typically clear the title
and sometimes perform needed maintenance and repair; however, the discount
for these REO homes may be less than a pre-foreclosure or auction property
discount. Bank foreclosures can become government foreclosures if the loan
is backed by a government agency such as the Department of Housing and Urban
Development (HUD) or the Department of Veterans Affairs (VA). In that case
the government agency would be responsible for selling the property.
Check Out our Florida Foreclosure Deals now at
Reunion Resort
Orlando and MiraBay Tampa
|