The Pre Foreclosure Guide

Foreclosures are said to be the financial epidemic ofshould be talking to the lending institution. Calling the
our time. There are many reasons that cause peoplelender and talking to someone about your situation can
to go into pre foreclosure. To name a few: divorce,be a dreaded, painful experience. But, it is less painful,
layoffs, or change in income, illness, or death in thethan having your home taken from you when
family. But, the one reason that banks have causedsomething could have been worked out. If you are
themselves, is from "creative lending". Many times thehonest with the representative, and keep promises you
loans require little or nothing down, and have lowmake regarding payments, you will find they will be
teaser rates with an adjustable mortgage. Then ratesvery helpful.
shoot skyward after the initial period. There areThere are several ways a home in pre foreclosure
already too many foreclosures, but this year promisescan be purchased. The homeowner is the legal owner
to bring many more, because the adjustable rates thatof the property until the moment it is sold at auction.
were very low are now going up. The first stage of- Retail sale, with or without a realtor. This is reserved
foreclosure is pre foreclosure. Pre foreclosure isfor a very good condition property, with reasonable
officially defined as the period from which the bankcost, and in a seller's market.
has notified the homeowner(s) that they are in default,- A sale, usually to an investor at a lower than normal
until the moment the home is sold at auction. However,market price, but enough to cover loan costs, and
even before the bank has notified the owner ofcharges.
default, there has probably been some problem with- A sale that involves catching up the arrears, then
making the payments on time. This period of time alsotaking the property "subject to financing". This is
is a pre foreclosure period. A smart homeowner willmaking the monthly payments on the loan until the
look into all available options at that time.home is re sold
The length of time the homeowner has in this pre- A sale to an investor when the property has little or
foreclosure period depends on the lending institution,no equity can also be done. The investor works with
and the laws of the state. The lending institution maythe bank in getting a "stay" or delay put on the auction,
decide it is time to act after two months of lateand negotiates with the bank on an amount that is
payments, or maybe six months. Two to three monthslower than what is owed to be the full pay off. This is
seems to be typical. The time length that thecalled a short sale.
homeowner has in the pre foreclosure period is also- Another way the home can be sold, is by selling the
dependent on the laws of the state the property is in.home to an investor for an agreed upon amount, then
See the resource below to find out what type of stateleasing back the home to the previous homeowner for
your property is in. There are judicial foreclosurea certain amount of time. Caution should be used with
states, and non-judicial foreclosure states. If you live inthis method because there needs to be complete
a non judicial foreclosure state, you can expect anunderstanding by all parties, because the homeowner
average of about two months from the notice ofno longer owns the home, but continues to live there.
default to the auction sale. Also a notice of sale is sent.(This is illegal in many areas.)
This is often about the same time as the default- Unfortunately, in this market, most homeowners that
notice. If the mail is misdirected or delayed, even if thereally need to sell, owe more than their house is now
lending institute failed to mail it at the proper time, theworth. In these cases, the home may be sold by a
process still continues. In a non judicial state, theshort sale, instead of letting it go to foreclosure.
lender's file on the homeowner's mortgage goes to aAny of the above methods will save the homeowner's
foreclosure lawyer, hired by the lender. At that timecredit, from the credit score plunge of a foreclosure.
additional fees, which are the attorney fees are addedThe credit report may just show a few late payments,
to the amount in arrears.then a pay off, or continued on time payments after a
In a judicial state, the length of time a person canfew late payments.
expect to be in the pre foreclosure time periodTo find out if you are in a Judicial or Non-Judicial state,
averages about six months. The main difference isclick here
that in a judicial state the foreclosure goes through theCAUTION: Before buying any property, but especially
court system. Getting a court date and having aa pre foreclosure do a thorough title check first. All
representative of the lending institution present is whatliens stay with the property, and must be paid. This
creates the longer time period. Additional fees alsoincludes second mortgages, lines of credit, tax liens,
build up with judicial foreclosures, which have to beworkman's liens and so on. Also, the title check will be
paid in order to bring the loan up to date.to make sure there are no clouds on the title
During the pre foreclosure time and the period beforeconcerning clear ownership.
pre foreclosure is official, is when the homeowner