Indiana is a strictly judicial state, when it comes to foreclosure laws. This means that is only handled through the court system. It takes around 9 months to complete the foreclosure process.
The process of foreclosure begins when a complaint is filed against the borrower in a court of law. According to their law, a default notice does not have to be given to the borrower before this complaint can be filed.
Whichever date the mortgage began, dictates the period of time between the actual sale, and the pre-foreclosure period. Most of the time this, is around 3 months. Some older mortgages can be 6-12 months. If a property is abandoned, there is no waiting period. A lender loses his right to pursue an unpaid debt from the sale of the property, if the mortgage holder allows the sale of the property, if the mortgage holder allows the sale of the property to go through before the pre-foreclosure period is over.
Integrity 1st Consulting is your Foreclosure specialist- Kathy Swift
A certification of the order of sale and judgment are issued by the clerk to the sheriff, once this pre-foreclosure period has expired. Once this order has been received, the sheriff goes forth with the sale.
Anytime before the sale, the judgment can be satisfied by the borrower. This includes paying the interest, the debt, and any other costs, the complaint will then be dismissed.
A publication of sale must first be placed 30 days before the sale. It is then published once a week. The sheriff chooses an auctioneer to conduct the sale. He also is in charge of posting the sale in at least 3 places, as well as the courthouse in the county which it is located. The sheriff also serves the notice of sale to the borrower.
The property ownership is immediately transferred by the sheriff, to the winning bidder. If the sale is postponed by the lender, all notices must be re-served and re-published.
There is no right of redemption in Indiana once the sale is complete.
Finding great foreclosure property listings is no secret however you can save more time by researching online. There are foreclosure property listings in newspapers as well as online but online searching works best. These foreclosures are often bank owned in the majority of cases and are listed on many free websites. Researching these sites is easy and the sites are professional and easily navigated.
Hector Milla Editor of the “Free Home Foreclosure Listings” website — http://www.FreeHomeForeclosureListings.net — pointed out;
“… Finding these foreclosure property listings is the first step to purchasing. The groundwork is all done and investors can easily see what they are getting into before ever seeing the property. Foreclosure have been on the rise for the last 5-10 years and banks are holding properties they need to sell …”
Because of the increased number of foreclosure property listings banks are selling these at low prices hoping to get some of their money back. Many of these houses have been vacant for months and in need of repair. The majority of these homes although sitting on the market for a while are available for sale and ready to move in.
Occasionally foreclosure property listings will give the client a compete run down on the property, location and statistics of the neighborhood. Neighborhood property as well as crime and other factors are shown. Properties on foreclosure property listings are shown online as well as in newspapers just like estate sales or the like. These properties are available to investors or anyone who qualifies.
“… Although foreclosure property listings may be in need of repairs, they are a valuable asset once bought. Descent profit can be made from these distressed properties and homeowners who might not qualify are given a chance to own their own home. Finding these foreclosure property listings is a great find for someone looking for a chance to buy property below fair market value …” H.Milla added.
Foreclosures are reaching new levels and about to go even higher in 2008. It is becoming imperative that Realtors and real estate investors become learn the art of the short sale and to use it to increase their sales production There is a right way and a wrong way to do approach a short sale.
Learning and implementing the following 5 secrets to short sale success will allow you to gain proficiency in doing and successfully completing short sales. If you are investor you can create equity where none existed. If you are a real estate agent you can sell homes that are upside down even in a bad market.
Secret 1 – Submit a complete package. Do not submit an incomplete package to the lender. If you do it will more than likely be put on the bottom of the pile. Make sure to include all the required information in the order specified my the lender and that every item is completely legible. This is an absolutely critical first step.
Secret 2 – Make a careful estimate of the current market value of the property and structure your offer accordingly The initial offer is critical to getting the short sale off to a good start. As you do more and more short sales you will become familiar with how various lenders work and how they react to offers. Most immediately tell you that you have to raise your offer. If they say this you need to find out why they have come to this conclusion.. Your goal is to have the lender order an internal BPO (Brokers Price Opinion) or a full appraisal of the property. Do not settle for just a drive by appraisal. No need to be nasty but be insistent and keep at it until you get the BPO ordered.
Secret 3 – Make sure that you personally meet the BPO agent This is the most important part of being successful with your short sale. You must personally meet with the agent or appraiser doing the BPO (Brokers Price Opinion or Appraisal). You job is to provide the person doing the BPO any information that can influence the BPO in your favor so that their price that will justify your offer. You should speak the BPO agent and let him know that the seller is in dire straights and is depending on the BPO. You should have a list of repairs done by a contractor and most importantly have a good list of comparable sales showing that the property is worth substantially less than what is the owner owes. All these items are important but meeting with the person doing the BPO is the most important of all. Do not let them get in the property without you being there and be sure to be early for the meeting.
Secret 4 – Don’t take No for an answer The job of the loss mitigator is to get the case settled for as much money as he possibly can. Of course you have to realize that there are certain circumstances that will limit the amount that the lender will take. Some of these are PMI (Private Mortgage Insurance), Fannie Mae, Freddie Mac, FHA and the VA guarantees. These loans are insured by private or governmental agencies and as a result are limited in the amount of discount that they will take. If it is a conventional loan the settlement amount is arbitrary and determined by the end lender or the investor holding the loan. If you are dealing with a servicer rather than a direct lender your negotiations have to be approved by the note owner before a price is agreed upon. Your continued persistence will determine your success in getting prices that allow you to create a profitable transaction..
Secret 5 – Be sure you are prepared to close promptly Once you have finalized your negotiations the bank will expect your to close quickly. Usually within 2 to 4 weeks. If you are unable to close within this period you can have a very difficult time negotiating an extension and may encounter difficulty negotiating with this lender or servicer in the future. This problem does not usually arise if you are the end buyer but if you are planning on “flipping’ the property out to another end buyer you need to be sure that they are ready to close when you finalize the negotiations for the property. One way you can stall this is to slow down your final negotiations until you secure your end buyer. Sometimes this can really work to your benefit when the loss mitigator calls you to see what is holding up your final acceptance of an offer. Many times you can get an additional reduction in the price.
Certainly there is much more involved in doing short sales but these 5 steps are critical in getting a successful resolution to a short sale case. Remember that you have to be persistent and polite but do not take no for an answer. Push on and you will succeed
Foreclosure is a term many people may have heard of yet are unsure as to what the term means exactly. Foreclosure is something which affects homeowners who have a mortgage or lien on their home and do not own the house outright. There are a few things which homeowners should be aware of with regard to foreclosure in order to prevent this from happening to them.
What Is Foreclosure?
Foreclosure is when a lender who currently holds a mortgage on one’s home can come in and repossess the home due to a number of reasons but mainly for nonpayment of a mortgage. For those individuals whose home is less valuable than their current loan balance, they may also owe a deficiency judgment as a result thereof.
How Do Foreclosures and Deficiency Judgments Affect the Individual?
There are many ways in which foreclosures and/or deficiency judgments can affect an individual. First and foremost, when a home is foreclosed upon that individual loses their living quarters plus any money which they have already paid for the home. When one has a deficiency judgment issued against them they will find that they will owe varying sums of money in order to make up the difference between the value of the home and the outstanding loan on the home. Also, it is important to note that either one of these incidents can affect the credit of an individual and cause a blemish on their credit rating for years to come.
Ways to Prevent Foreclosure
There are a few ways in which homeowners paying mortgages can avoid foreclosure on their beloved home. The first way in which to do so is to pay the mortgage bill on time. This is the primary answer for those who ask how to avoid foreclosure. For those who have difficulty with doing so from time to time, there are other ways to prevent this from occurring.
The homeowner should always address letters from the lender which revolve around late payments. Within these letters the homeowner will find important information that tells the homeowner what to do if they are having trouble making payments. The letter will ultimately include phone numbers and names of contact individuals at the financial institution so that they can discuss their payment issues with a lender representative. It is crucial for the homeowner to speak with the lender and not bury their head in the sand to avoid it. Avoiding a problem such as nonpayment of mortgages will not make it go away and will only make it worse.
Individuals who are having trouble making mortgage payments should also be certain to stay in their homes and not abandon the property in any way. This will only hurt the individual in the long run and make foreclosure even that much more of a possibility.
Lastly, if the home is a HUD home, there are HUD counseling agencies which will aid the homeowner in preventing foreclosure issues from arising. The homeowner should contact HUD authorities to discuss ways in which to keep their home and make payments.
Possible Alternatives to Foreclosure
For those individuals who have trouble making mortgage payments on their home and fear foreclosure, it is important to know about other alternatives which may be recommended besides the dreadful foreclosure. Not all of these alternatives will apply to each and every individual but some may prove to be very handy when all is said and done. The first is called a special forbearance.
The special forbearance is something which may be arranged by the lender whereby the homeowner receives a payment schedule adjustment and may also receive a suspension of payments for a certain period of time. The representative of the lender will discuss options with the homeowner and after reviewing their situation decide if a special forbearance is warranted.
Another alternative to foreclosure is the mortgage modification. A mortgage modification is where the homeowner has the option to extend the loan period or refinance their current loan to get a lower rate and therefore have lower monthly payments. This is a wonderful option for those individuals who do not make enough each month at the moment to currently pay their mortgage.
A partial claim is another alternative for homeowners facing foreclosure to consider. The partial claim is available to those individuals who have HUD loans. With this payment alternative, the Department of Housing and Urban Development would help the homeowner bring their mortgage up to the current balance by paying the money which is overdue. This is a way to help the homeowner get out from under the mounting debt and then try to get them on the right payment schedule.
Some individuals may find that selling their home is the best bet and they can do so by way of a pre-foreclosure sale. This allows the individual to sell their home for an amount less than the total mortgage amount due prior to having it sold via foreclosure sale.
Lastly, one may be able to submit a deed in lieu of foreclosure. Although this still will not prevent the homeowner from losing their house, it will help them in the long run by not having a foreclosure on their credit history.
Foreclosure is a serious matter for homeowners to face. However, it is important to know that there are ways to prevent foreclosure and alternatives to foreclosure do exist should such a thing be necessary in the end.
Foreclosures can be of many types such as government foreclosures, HUD foreclosures, VA foreclosures and bank foreclosures. The process of foreclosures include repossessing the property of the borrower by the lenders so as to recover due debts. The process of foreclosures take place when the borrower fails in making payment of the mortgage loan and so it becomes the legitimate right of the lender to repossess the collateral as a monetary substitute to meet unpaid debts of the borrower. Lenders send a payment default notice to the borrower so as to alert the borrower. Lenders give priority period to the borrower so as to make them meet payment default but after the reimbursement period, lenders start the foreclosure proceeding by announcing the date, time and venue of the auction of the foreclosed home in local newspapers.
Foreclosures are generally of two types- judicial foreclosures and non-judicial foreclosures. In judicial foreclosures, lenders file a legal petition in the county court of law so as to seek judicial permission and involvement in the foreclosure process. The court decides the starting bid of the foreclosed property after having an extensive analysis of the selling price which the foreclosed house deserves. In non-judicial foreclosures, lenders independently carry out the foreclosure process and its auction proceedings without legal involvement. In both type of auction of the foreclosed property, the winner bidder is given ownership of the foreclosed home. One can get details of the auction type of the foreclosed property in the power of sale clause of mortgage bond.
It is vital to get complete details of the federal foreclosure laws so as to know the type of foreclosure which is prevalent in ones city. In order to combat the terrific trouble of foreclosures, payment defaulter can opt for bankruptcy, loan modification and IVA i.e. individual voluntary arrangement. By opting to IVA, home owners can make full and final pay off of the loan in short time span of about 5 years and that also at reduced monthly installment. Bankruptcy can also help the home owners to start paying the monthly installments on new terms and conditions. In loan modification, home owners can enjoy pay able monthly installments and the installments can be periodically increased or decreased by the lenders according to the borrower pay ability.
Buying foreclosures can be golden opportunity for both commercial investors as well as first time home buyers as these homes are usually sold on interesting discounts by the lenders. One can get updated and reliable information about the foreclosures in the online foreclosure databank where one can get details of foreclosed property such as date, time and venue of auction. One can see the pictures of the foreclosed property in the online foreclosure databank. Buyers must bid according to their pay ability as the winner bidder can be punished in some states by not paying the winning bid. Buyers must have a proper check of the interiors and exteriors of the foreclosed home so as to bid according to the price of the foreclosed home in the real estate market.
Dallas foreclosures experienced many re-postings. Re-Postings on foreclosed properties mean that same property is put up for foreclosures again after six months. The reason could be, the property did not get sold or the owner availed of other re-payment options but again defaulted on the mortgage.
Numbers of Dallas foreclosures have plummeted but the drop in prices of the houses were trivial. Dallas foreclosures jumped down by 10 to 12 percent. Compared to 2008, where around 17,000 houses were finally sold. In December 2009 the total did not exceed 14,000 homes. Even the prices showed a decrease of about percent or so. This can be considered inconsequential or trifling.
This year Dallas foreclosures also increased in the high end societies. Foreclosed houses in some counties increased about 250 to 300 percent. Foreclosures rose by 15 to 24 percent in comparison to last year. All the above circumstances and statistics are attributed to people defaulting and again defaulting on their mortgages. Total figures of foreclosure re-posting increased by 80 percent in the whole of Texas and in Dallas particularly the re-posting numbers amounted to approximately 40 to 45 percent. This included all four county areas of Dallas.
The reasons cited by the analysts for surging number of re-posting are lack of demand for the properties. People also want to wait for changes to be made to the loan modification procedures by the state and federal institutions. But this eventually led to more number of defaults. The default rate is almost about 9 percent among which at least 2.5 percent properties were already under foreclosure. Hence, many properties were already in default since few months, this directed to the re-posting of properties again and again on the same list and this added to number of Dallas foreclosures that were actually filled.
Another side to the increasing number of foreclosures is that commercial property foreclosure in Dallas has also been mounting as well the re-posting of properties has played major role. Many shopping centers, offices and lands were posted for foreclosure, as the demand is less there are no takers and the economic downturn affecting the business has lead to unemployment, default payments and ultimately closure of the businesses. In December 2009 there were around 2000 commercial properties that filled for foreclosure and among them 10 percent of properties were re-posting of an earlier foreclosed property.
With the high rise in foreclosures these days, even those who do not invest in real estate are starting to hear the term “real estate short sale” or “mortgage short sale.” A simple definition of a short sale of real estate is an investor or buyer making a deal with the primary mortgage holder to accept less than the amount due on a mortgage; rather than the lender taking over the property through the foreclosure process and then ultimately loosing money on the property by selling it at a foreclosure auction.
Once a property goes into foreclosure the lender passes along the file they have on the property over to their loss mitigation department. It is the loss mitigator’s job to deal with the foreclosure and help the lender to retain as much money from the deal as possible. While the loss mitigation department may not act like they want to conduct a mortgage short sale, the truth of the matter is that generally they loose less money that way than having to auction off the property on the courthouse steps.
Dealing with a loss mitigator can be very challenging, especially to new real estate investors. The best advice I can give you is to try and always remember that it is in the loss mitigator’s best interest to ultimately deal with you. While they may act like they are not interested in negotiating with you, they are from the first time you reach out and contact them. For those who will not deal with you, there really is nothing you can do but go find another deal to make and leave that one on the table. There is nothing you can ultimately do about it and you are much better off finding other deals which will make you money.
Many real estate investors ask what is a reasonable offer to make to a lender for a mortgage short sale? Generally the rule of thumb is about 80% of the current mortgage balance on the property. But, the absolute rule is that you should never offer more money than you want to have into the property, and never more than you think the property is worth to work with and either sell or rent out.
By making a reasonable short sale offer, and treating loss mitigators well, you can generally close a deal with a mortgage short sale to your benefit.
Most homeowners believe that foreclosure laws are designed to hurt rather than help them. Not so. The secret is that foreclosure laws have evolved to protect the borrower–not the lender. There, I’ve said it. The secret is out! Now listen closely and understand why I say this. The foreclosure process gives you, the borrower, specific periods of time in which to:
• bring your loan current by making up the missed payments (known as “reinstatement”), or
• pay off your loan in its entirety (called “redemption”).
If neither of these options is feasible, you will still have time to prevent your property from being sold at a public auction (the foreclosure sale).
You will get the most benefit out of the foreclosure process if you envision this secret as a “window of opportunity” to resolve your financial problems. During this window of opportunity, you have time to learn about the foreclosure process and implement a strategy to stop the foreclosure.
Another basic misconception about foreclosure is that lenders want to foreclose. Nothing could be further from the truth! Lenders are in the business of loaning money–not owning real estate.
They don’t want your house back for numerous reasons. Lenders are reluctant to incur the costs of a foreclosure. For example, if your lender is forced to foreclose, it will not only lose your back payments, but it will also incur foreclosure expenses, taxes, insurance, wear and tear while you (or your tenant) live in the
property, repair costs to refurbish the property for sale, and a real estate agent’s commission once the property is sold. As a result, many lenders will go out of their way to work out a resolution–short of actually foreclosing–if you give them the opportunity.
A. Communicate With Your Lender
The secret to stopping your foreclosure is communicating with your lender. With the sudden avalanche of foreclosures and defaults, lenders are more eager than ever before to workout a solution rather than foreclosing. Lenders will do almost anything to avoid increasing their overflowing REO inventory of foreclosed properties.
Don’t shy away because you’ve missed payments, concerned that you will miss some payments in the future, or that your property has already gone into foreclosure. Whether you communicate by telephone, letter, email, fax, or in person, you will have a much easier time stopping (or at the very least, delaying) the foreclosure if you talk to your lender rather than adopting a code of silence.
The secret is to negotiate directly with someone with “authority” at your lender’s office. The first step is to determine who your lender actually is. (This is no small feat these days with lenders selling their loans to other lenders like hot potatoes.) If your property has already gone into foreclosure, the first person you will be dealing with will either be the foreclosing trustee, or the attorney for the lender. If it is a judicial foreclosure, you will most likely be contacted by a process server, sent by the lender’s attorney. If it is a non-judicial foreclosure, the trustee is responsible for handling the foreclosure process. You will need to contact these people.
But the secret is that you will be more successful if you communicate directly with your lender, rather than the trustee or the attorney. So you should request from the trustee or the attorney, the name, telephone number, and address of the foreclosing lender. In the unlikely event that they refuse to disclose the name of your lender, you can look on the Notice of Default, or the summons and complaint, or telephone the customer service department of a local title insurance company.
Another situation may occur where you discover the name of your lender, but it turns out to be a servicing agent rather than the party that actually holds the deed of trust or mortgage. A servicing agent is a company (sometimes it can be a bank, mortgage company, or private corporation) that is hired by the actual lender to “service” the loan, (issuing mortgage statements, payment coupons and late notices, collecting payments, monitoring the impounding of insurance and tax payments, and handling foreclosures if necessary). Fortunately, most servicing agents will disclose the name of the lender. If they won’t, you may be forced to negotiate with the servicing agent.
In the interim, you will receive threatening calls from collection agents at the lender’s office. Do not under any circumstance ignore your lender’s contacts. Your goal should be to respond to every phone call or letter. Difficult as it may be to talk about your financial problems, be polite and cooperative. Follow up all telephone calls with a letter to the person you spoke to, confirming what was said. If you’re not in when a call comes, return it as soon as you can. Use these calls to collect information regarding your lender (i.e. lender’s name, address, phone number, fax number, email address, responsible department or individual).
When you receive a letter from your lender (always keep the original), immediately write a letter in response. The secret here is to establish a paper trail so you can prove to your lender (or a court, if necessary) that you have been cooperative, especially during the initial stages of the foreclosure process.
It is also important to send copies of all of your letters to:
• the lender’s CEO
• the branch manager (if applicable)
• the loan officer who helped you obtain your loan, and
• any other person you know by name at your lender’s office.
B. CONTACTING PEOPLE YOU KNOW AT THE LENDER’S OFFICE
Make sure your letter indicates you are sending copies by typing “cc:” and the name of the person(s) below your signature. Please don’t be hesitant to send copies of your letters to these individuals, as they can’t do anything to help you if they aren’t aware of your predicament. There is a secret to sending copies to other people and showing the “cc” at the bottom of your letters. At the very least, the person you sent the letter to won’t be able to ignore your letter because he or she knows that supervisors have received copies.
Typically, in their initial letters and telephone calls, your lender will state that they have not received your payment(s) and inquire innocently whether or not you have mailed a payment. What you say in response to your lender’s inquiry is another matter. If you already mailed your payment, give your lender the date. If you have not, tell the truth. Your lender in turn will want to know why you haven’t paid, and what date you will be sending a payment. Acknowledge that you are having temporary financial problems and that you won’t be able to make the payments for the next couple of months. Provide a good explanation of your financial difficulties (i.e. layoff, medical emergency, death in the family, loss of business, divorce). Contrary to popular belief, sharing this information will not speed up the foreclosure process. What you say may make the lender more sympathetic to your situation and may delay the foreclosure. At the very least, it will foster a positive atmosphere for negotiations later in the process.
Your lender may warn you that if payments are not made, your loan will go into default. It may also threaten to start foreclosure proceedings unless you bring all of your payments current immediately. Don’t be intimidated. Stay calm and understand that the person you’re dealing with is simply doing his job. At this point, write a letter explaining your financial problem and request an appointment with a senior loan officer to discuss your loan.
If you want to stop foreclosure on your home, the best way to do it is to make sure that you are educated. The more educated and informed you are on the foreclosure process, the better off you will be in the long run. If you want to stop foreclosure, you need to truly understand the process and what is all involved. There are three things that you absolutely must stay informed about.
1. Know exactly what your bank is doing at every step of the foreclosure process. It is vital that you understand what your mortgage company’s foreclosure process is. This includes: when they start foreclosure proceedings, what sort of timeline they anticipate, who their lawyers are, what sort of workout options or arrangements they can offer you at every step of the process. This is by no means a complete list but it is a good starting point. In order to find out all of this information, you will, of course, have to actually talk to your mortgage company. Be sure to be polite but firm and consistent every time you call. If you are clear with the bank that you want to stop foreclosure, they will often be much more willing to work with you.
2. Know how the foreclosure process works for your county and state. You have many different options during the foreclosure process to make your voice heard and to stop foreclosure on your home entirely. But you need to know when you have the right to exercise those options. That will often depend on what the laws are that govern foreclosure for your county and state. The foreclosure laws and information for your county and state are freely available online. All it takes is a little bit of research.
3. Make sure that you understand every document that your mortgage company and their lawyers send to you. This may mean getting your own mortgage lawyer to help you understand what those documents are and what response you can or should give. If at any point you do not understand what you are seeing, be sure to consult someone who understands foreclosure law and can give you sound legal advice.
Obtaining real estate at a property foreclosure auction can be a very worthwhile investment of time and money. Regularly, a small amount of bidders may materialize on the day of a property foreclosure auction, so there may be little or no contest for a particular property. Countless people are unaware that property can be purchased this way, or are intimidated by the procedure. This means that vacant land, condos, and single family homes are sold for a reduced amount of market value, sometimes considerably less. Most investors that buy at a foreclosure auction look for properties to be 25% to 30% less than retail value. But if you have patience and the right resources often enough you can purchase properties at a 50% or more of a discount.
Commission or No Commission?:
Because you are purchasing directly at the auction this does not mean you that you will not pay a commission. Paying a foreclosure group a % fee for their services can be the difference between buying a great deal and losing a great amount of money. The foreclosure group or real estate pro that helps you with your auction purchase, will do most of the homework that is required, this includes funds for purchase, market valuation, lien, title information and much more. Remember buying a foreclosure can be easy but making a profit requires experience and experience is what a foreclosure expert can help you with. If you have purchased properties at auction and you feel that you know what your are doing all on your own, then you pay no commissions when are purchasing at auction
Typically quick possession if you are the successful bidder, you are entitled to possession of the property as soon as you receive the Trustee’s Deed. Accessibility: Best of all, anyone can purchase a property at auction The#1 Foreclosure Group in Washington. Visit Seattle Foreclosure Groups for all your Seattle are a Real Estate needs or www.sorinrealty.com