Posts Tagged ‘Notice of default’

What Are Foreclosure Sales

Foreclosure sales occur when a be a bank or a building society, sells the property in possession of a homeowner when the latter defaults on his principal or interest payments on his or her mortgage. When a buyer wants to purchase real estate, he borrows the money from a lender by getting into a contract. One of the conditions of the contract is that in case of a default in the principal or interest payments, the lender can take possession of the property and sell it to recover the mortgage debt and legal costs. Foreclosure is the legal proceeding by which the mortgagor’s equitable right of redemption is terminated by the lending party.

Before foreclosure sales happen, the homeowner is given the chance to pay the lender the outstanding of the debt and redeem his property. If the borrower fails to pay within three to six months, then a Notice of Default is recorded by a trustee against the borrower and a reinstatement period of about five days starts after which the home is auctioned off.

After the default, a foreclosure sale date is established and a Notice of Sale is received by the owner and also posted on his property. The Notice is recorded at the County Recorder’s office and published in newspapers. At the Trustee Sale, the property is sold off to the highest bidder who receives the Trustee’s deed to the property. Payment is usually made in cash in foreclosure sales.

The opening bid in foreclosure sales is set by the foreclosing lender. This includes the loan due, interest accumulated and other legal costs undertaken for the auction. If there are no higher bids, then the property is purchased by the attorney conducting the sale, on behalf of the lender. In the above case, the property is considered a Real Estate Owned. This is likely to happen if the property‘s worth is less than the amount due to the lender.

The properties listed for foreclosure sales can be found by various ways. One way is to search public records. Visiting the County’s Office can provide us with information on a Notice of Default or a Notice of Sale. This can be done free and one can get to know about the latest foreclosure sales here. Alternatively, one can search online for foreclosure data providers. By availing an online listing service, one can check the free trial offers to see which provider best suits you. Both national and regional foreclosures are listed.

Contact me if you need help with any and all of your real estate needs. 

Written by Carol Pefley

www.carolpefley.com

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Fewer local, state homeowners entered foreclosure process last quarter

By Robert Lewis
rlewis@sacbee.com
Published: Tuesday, Apr. 19, 2011 – 11:13 am

The number of homeowners entering foreclosure dropped sharply regionally and statewide last quarter, according to new figures LaJolla-based researcher DataQuick Information Systems released today.

Notice of default filings dropped 19 percent in Sacramento County last quarter when compared to the first quarter of 2010. Statewide the drop was 15.8 percent.

In all 68,239 notices of default – the first step in the foreclosure process – were filed statewide from January through March. That’s the lowest quarterly total since the second quarter of 2007 when 53,493 notices were recorded, according to DataQuick.

“Lenders and servicers have put various temporary holds on foreclosure filings while they work on procedural issues and respond to regulatory and legal challenges. It’s unclear how much of last quarter’s decline can be attributed to market factors and strategic decisions, and how much can be attributed to the formalities of the foreclosure process,” John Walsh, DataQuick’s president, is quoted as saying in a press release accompanying the figures.

The actual number of completed foreclosures – based on the number of Trustee’s Deeds recorded – was up less than 1 percent statewide. In Sacramento County, there were nearly 3,100 foreclosures, an increase of 7.2 percent year over year.

The DataQuick figures come a week after another researcher, RealtyTrac, released its own foreclosure figures. That company also showed a drop in filings. RealtyTrac has, however, taken a pessimistic view of the decline – saying there is a backlog and that there could be a spike of foreclosure activity in upcoming quarters.

To see more DataQuick figures visit the firm’s website at www.dqnews.com.

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Foreclosure sales increase in March

March foreclosure sales rose 35.1 percent in California, according to the latest ForeclosureRadar report. 

Notice of Default filings in California rose to their highest level since October 2010, up 17.3 percent month-over-month to 26,615 filing. Notice of Trustee Sale filings declined for the third consecutive month, down 3.3 percent overall from February.  Year-over-year foreclosure filings were down with Notice of Default filings falling 19.7 percent and Notice of Trustee Sale filings dropping 31.0 percent from March 2010. 

After a slow February, foreclosure sales rose with sales Back to Bank (REO) up 28.6 percent and properties Sold to 3rd Parties, typically investors, jumping 61.5 percent. On a daily average basis those increases were just 5.0 percent for sales Back to Bank (REO) sales and 24.3 for properties Sold to 3rd Parties. The average Time to Foreclose continues to climb, up 4.1 percent month-over-month to 302 days, a significant 83.4 percent increase year-over-year, and a new record.

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