What Does Foreclose Mean

June 13, 2022

3

How Long Do Banks Wait Before Foreclosure

How Does Foreclosure Work in Real Estate?

Most lenders will not begin foreclosure proceedings until a borrower is 3-6 months behind on their payments. Although missing a single payment is technically a default under the terms of most loan documents, lenders have neither the time nor the desire to foreclose on borrowers who have missed one payment.

Can You Avoid Foreclosure

Even if a borrower has missed a payment or two, there still may be ways to avoid foreclosure. Some alternatives include:

ReinstatementDuring the reinstatement period, the borrower can pay back what they owe before a specific date to get back on track with the mortgage.
Short refinanceIn a short refinance, the new loan amount is less than the outstanding balance, and the lender may forgive the difference to help the borrower avoid foreclosure.
Special forbearanceIf the borrower has a temporary financial hardship, such as medical bills or a decrease in income, then the lender may agree to reduce or suspend payments for a set amount of time.

Mortgage lending discrimination is illegal. If you think youve been discriminated against based on race, religion, sex, marital status, use of public assistance, national origin, disability, or age, there are steps you can take. One such step is to file a report with the Consumer Financial Protection Bureau or the U.S. Department of Housing and Urban Development .

Do I Have To Move Out Of My House When Its In Foreclosure

Generally, you do not have to move out until the foreclosure process is complete, which can take a few months or up to a year or longer. However, once your house is sold, you have to leave the property. You might have some time after the sale date to live in the home, but that timeframe varies by state. It could be a few days or a few weeks.

If you remain on the premises beyond your legal rights, the homeowner or lender will start a formal eviction process.

Collect On Your Judgment

Once you have your day in court and emerge victoriously, your next task is collecting on the judgment. If you thought you walk out of the courtroom with a check or a briefcase full of crisp hundred dollar bills, youve got another thing coming.

Collecting on your judgment can be just as challenging to navigate as the foreclosure process, and the step-by-step breakdown is beyond the scope of this article. But, know that theres a chance that the debtor wont just hand over the judgment money, in which case you might enlist the help of a collection expert.

Rights Of Tenants During A Foreclosure

Foreclosure Notice Arrow Means Warning That Property Will Be ...

If there are tenants in the house that was foreclosed on, the new owner must honor the existing lease. BUT when the tenants have a month-to-month lease or the owner/landlord also lives in the home that is being foreclosed on, the new owner can evict the tenants or former owner/landlord. In these cases, the new owner may either offer the existing tenants a new lease or rental agreement or begin eviction proceedings. If the new owner chooses to evict existing tenants , the new owner must give the tenants at least 90 days notice before starting eviction proceedings.

There are other rights that tenants have in eviction cases done after a foreclosure. If a tenant is not named in the complaint for the eviction, he or she may be able to challenge the eviction at any time during the case or even after the judgment for eviction is made. If you are an occupant of a foreclosed property where the new owner filed an eviction case, talk to a lawyer or call the Tenant Foreclosure Hotline at 1-888-495-8020 to learn about your rights.

Tenants in some California cities may still have a right to stay in their buildings. Cities with eviction or rent control laws prohibit new owners from using foreclosure as a reason for evicting tenants.

Help for tenants during a foreclosure

You May Like: How To Claim Bankruptcy On Student Loans

The Borrower Is Asked To Leave Or Is Evicted

Once a new entity takes ownership of the home, you may receive a notice that you have to leave the house. You could have anywhere from a few days to several weeks to vacate, and sometimes a new owner will offer you money to move out quickly and leave the home in a good condition.

If you dont leave, the new owner may take steps to forcibly evict you. The eviction process could also take several days to several months. Although youll be able to stay in the home longer, having an eviction on your record could make it harder to find a rental in the future.

Short Sale: Selling A Home In Pre

If a loan modification cant be worked out, another step in the pre-foreclosure process may be a short saleessentially selling the home to satisfy the bills with the bank.

To negotiate a short sale, homeowners need to talk to their lender about selling their home. If the lender agrees, then the homeowners contact a real estate agent to help them find a buyer , and the bank gets to keep the money for the sale.

Almost every short sale is in pre-foreclosure, says Richardson. And short sales can be attractive to lenders as the homeowner will be doing the hard work of trying to find a buyer.

If youre able to work out a short sale agreement, and you find a buyer that garners back approval, pre-foreclosure ends. The bank doesnt have to foreclose, and you walk away with no bills .

How To Avoid Foreclosure

The best way to avoid foreclosure is to pay your mortgage on time. If youre in a financial situation where paying is hard, or impossible, let your lender know.

We encourage to contact us as soon as possible when they think they may have trouble making their payments or after they miss a payment, so we can discuss options that may help them based on their individual circumstances, Goyda, of Wells Fargo, said.

A foreclosure generally costs a lender $40,000-$50,000 and is time-consuming. Lenders would rather work with a borrower whos in financial trouble.

Goyda said there are many options for homeowners, depending on their circumstances.

Options could include a payment suspension something many homeowners have used to help them through the COVID pandemic modifications, and other programs that can bring their loan current and, in some cases, provide a reduced payment, he said. A modification allows us to adjust the loan terms including ways to address missed payments and other charges, reducing the interest rate and extending the payment term based on investor guidelines.

The most common options are:

Homeowners facing a foreclosure may also sell their house themselves. Goyda said lenders are willing to help with the process.

The owner sells the house, and the bank takes whats owed on the mortgage, and if theres any left, the homeowner keeps the balance.

What Is A Foreclosure Property

What Does Foreclosure Mean In Real Estate?

Charlene Rhinehart is an expert in accounting, banking, investing, real estate, and personal finance. She is a CPA, CFE, Chair of the Illinois CPA Society Individual Tax Committee, and was recognized as one of Practice Ignition’s Top 50 women in accounting. She is the founder of Wealth Women Daily and an author.

Foreclosure is the process of a lender seizing and selling a property to a new buyer when borrowers fail to make their mortgage payments as agreed. It enables the lender to recover at least some of the remaining mortgage balance.

Benefits Of Buying A Foreclosed Home

Lower prices: One undeniable benefit is that foreclosed homes almost always cost less than other homes in the area or they are listed below market value. This is because theyre priced by the lender, who wants the home off of their books.
Standard loan configurations: You might have to follow a slightly different bidding and buying process when you buy a foreclosure, but you still have a few loan options as long as its not a cash-only auction. As long as the home youre considering is in livable condition, you can get a conventional loan or a government-backed VA loan, FHA loan or USDA loan to buy it. Government-backed loans can make homeownership more affordable, but you if the property is damaged, the government may require work to be done.

Work With The Making Home Affordable Program

The Making Home Affordable program provides help, including free counselors for advice and assistance with keeping you in your home or getting out safely. Visit the MHA website to learn what options you have and what you need to prepare.

Your state’s housing agency might have a foreclosure avoidance program as well.

If you have an FHA loan, call the FHA National Servicing Center at .

Beware of mortgage relief scams. One sign of a scam is when they ask for a fee in advance. Learn how to spot housing scams and report housing scams.

Don’t Miss: What Happens After Bankruptcy Trustee Meeting

What To Know About Buying A Foreclosed Home

Purchase Your New Home

Read your inspection and appraisal results then decide if the home in question is really right for you and whether youre okay with buying a home as-is. Contact your mortgage lender to finalize your loan if you have the money or skills to make any needed renovations. Your real estate agent will help you submit your offer and prepare you for closing.

Find a local pro.

Recommended Reading: How To Declare Bankruptcy In Bc

Pros And Cons Of Buying A Foreclosed Property

May be priced lower than other homes on the market.
Buyer may be able to buy a nicer or larger home than they could otherwise afford.

Homes often in disrepair, and sellers often won’t, or can’t, make repairs.
Previous owner might be able to take the home back in some cases.
The purchase process can be slow.

The Home Is Offered For Sale

Either the lender, a representative of the lender, a local court, or the sheriff may sell the home via an auction. Or, in some cases, the lender simply takes ownership of the home. The lender will also become the owner if the home isnt sold at the auction.

Depending on the state, you may have the right to repay the entire amount due and reclaim your home as long as the auction hasnt ended. In some states, you may even have the right to buy the home back after it was sold at auction.

How Long Can I Stay In My Home After Foreclosure

As discussed previously, you do not have to move out of your home as soon as the foreclosure process begins. You are allowed to stay in your house until the foreclosure process is complete .

How long you can remain in the home after the foreclosure sale depends on where you live. For example, some states have a redemption period, which gives the former homeowner an opportunity to buy the home back. However, if you remain on the foreclosed property after the legal time has passed, you can be evicted.

At this point, you will need to find a new place to live. With a hit to your credit score, this makes finding a place to rent difficult. Ideally, it is better if you find a place to rent before the foreclosure is reflected on your credit score. You should be doing your best to protect your credit and build it back up, but even so, you may want to search for rentals that do not require credit checks, such as those rented by a single landlord rather than a company.

You should also anticipate paying a higher security deposit, having a cosigner, and being asked about your foreclosure directly.

In order to be a homeowner again, you will need to rebuild your credit and recover financially. And this will take time. You can make this happen by paying your remaining bills on time and avoiding incurring new debt .

Definition And Example Of A Foreclosure

What Is Foreclosure?

A mortgage forms a lien against a property. It gives a lender the legal right to take ownership if the borrower defaults. The lender will then almost always sell the property to recoup its losses after it’s taken control of the home. This process is called “foreclosure.”

Investors and other buyers can then purchase these homes, often at auctions or directly from the bank or government agency that owns them.

Read Also: How To File Bankruptcy On Car Loan

The Equity In The Property

Do you remember when I mentioned that selling the property will satisfy the liens? The equity is where that becomes a factor.

Most property owners carry mortgages. That mortgage is technically a lien, and in most cases, the first in time, first in right standard applies. That means the mortgage company will take their share of the sale proceeds to satisfy the original lien before you can touch whats left.

If the owner owes back taxes, Uncle Sam takes his share first even before the bank.

If there are other liens in place from other contractors, they might come before yours as well.

Foreclosing on a lien on a property without the equity to support it could be just an expensive and time-consuming mistake.

There are services that you can use to check for mortgages, tax liens, and other mechanics liens. Need help? Levelsets Scout Research team can handle that for you.

How Do Foreclosures Work

There are three kinds of foreclosure: judicial, non-judicial and strict. A judicial foreclosure is a court proceeding that kicks in when the lender files a lawsuit against the borrower. The proceeding results in the property being sold or auctioned. A nonjudicial foreclosure happens outside of the court system, when the lender lets the borrower know the home will be sold if they dont catch up on payments, and borrowers get a window to do that, usually 30 days. If they cant, the property is sold. A strict foreclosure, which is not allowed in a majority of states, is also a court proceeding, but the lender takes the property with no auction or sale

In a judicial foreclosure, creditors adhere to the Fair Debt Collection Practices Act, which has requirements about how and when to inform a borrower about the proceedings. The U.S. Supreme Court ruled in 2019 that nonjudicial foreclosures dont have to follow the FDCPA. The court didnt mention judicial foreclosures, and most lenders follow the rules. Aside from the FDCPA, federal law forged after the mortgage crisis that caused the 2008-10 Great Recession requires lenders to work with borrowers who are having trouble making mortgage payments.

Foreclosures often result from a loan default when the borrower stops making payments.

While the foreclosure process can vary by state, the general steps are:

Auction Once the foreclosure is complete, the house is sold at auction, with the bank keeping the proceeds.

Recommended Reading: How To Lookup A Bankruptcy Case Number

The Foreclosure Process Varies By State

Each state has laws that govern foreclosures, including the notices that a lender must post publicly, the homeowners options for bringing the loan current and avoiding foreclosure, and the timeline and process for selling the property.

A foreclosurethe actual act of a lender seizing a propertyis typically the final step after a lengthy pre-foreclosure process. Before foreclosure, the lender may offer several alternatives to avoid foreclosure, many of which can mediate a foreclosures negative consequences for both the buyer and the seller.

In 22 statesincluding Florida, Illinois, and New Yorkjudicial foreclosure is the norm. This is where the lender must go through the courts to get permission to foreclose by proving the borrower is delinquent. If the foreclosure is approved, the local sheriff auctions the property to the highest bidder to try to recoup what the bank is owed, or the bank becomes the owner and sells the property through the traditional route to recoup its losses.

The other 28 statesincluding Arizona, California, Georgia, and Texasprimarily use nonjudicial foreclosure, also called power of sale. This type of foreclosure tends to be faster than a judicial foreclosure, and it does not go through the courts unless the homeowner sues the lender.

How Do Foreclosures Relate To Debt

Some people find themselves facing foreclosure because of mounting debt that makes it hard to make mortgage payments.

A foreclosure can add to financial problems, particularly if your state allows a deficiency judgment, which means the borrower owes the difference between what is owed on the foreclosed property and the amount it eventually sells for at an auction.

Thirty-eight states allow financial institutions to pursue deficiency judgments against borrowers for this money.

If a lender does not seek a deficiency judgment, a foreclosure can relieve your financial burden. Although it is a loss when a lender takes the home you partially paid for, it can be a start to rebuild your finances.

It is a good idea to work with a financial adviser or a nonprofit credit counselor to understand what kind of debt you may incur during a foreclosure.

Previous articleSt Petersburg Bankruptcy Attorney

Next articleHow Much Debt Can I Afford