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Real estate foreclosures information from Answerbag Real estate foreclosures What you need to know about buying property that has been foreclosed Home » Index » Real estate » Foreclosures Questions What is a foreclosure? Are foreclosures an option? What are problems buying foreclosures? What types of foreclosure are there? How do you get financing for a foreclosure? What happens at a trustee sale? How do you find government-repossessed homes? Can I get a HUD home for as little as $100 down? Where can I find foreclosures? Do I have to buy HUD homes through a realty agent? Where do I learn about HUD foreclosures? How does a home go into foreclosure? What happens at a trustee sale? How bad is a previous foreclosure on credit? What makes a newspaper "the newspaper of record" in a given state? Who takes care of delinquent property taxes that have been previously sold at tax certificate sale for prior years? Am I responsible for any liens that were on a foreclosed property before I had purchased it? I have the policy of title insurance. In the normal home buying process, issues found during the home inspection allow you to back out of the purchase. Does this apply to foreclosures also? How long does foreclosure take? Where can I find an example of a letter to send to home owner's who are facing forclosure asking them if they would like to sell before their home is forclosed on? If a bank initiates a foreclosure on a property which also has an IRS lien, and the bank ends up buying back the property for the amount of the unpaid loan, does the bank also have to satisfy the IRS lien? Can you use a prequalification letter to secure a bid on a property that has been foreclosed on by a mortgage company at the county sale? » Ask a question What is a foreclosure? (100%, 2 ratings) submitted by Andersen777 ( A++ , 99%, 1854 ratings), Apr 27, 04 A foreclosure is a legal procedure whereby a lender gains title or sells a mortgagors after he or she does not pay it in order to satisfy all or part of the unpaid debt (legal definition). Layman's terms: Essentially, due to lack of payments, the property is repossessed by the lender. The property is then re-sold as foreclosed. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top Are foreclosures an option? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 A foreclosure property is a home that has been repossessed by the lender because the owners failed to pay the mortgage. Thousands of homes end up in foreclosure every year. Economic conditions affect the number of foreclosures, too. Many people lose their homes due to job loss, credit problems or unexpected expenses. It is wise to be cautious when considering a foreclosure. Many experts, in fact, advise inexperienced buyers to hire an expert to take them through the process. It is important to have the house thoroughly inspected and to be sure that any liens, undisclosed mortgages or court judgments are cleared or at least disclosed. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top What are problems buying foreclosures? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 Buying directly at a legal foreclosure sale is risky and dangerous. It is strictly caveat emptor ("Let the buyer beware"). The process has many disadvantages. There is no financing; you need cash and lots of it. The title needs to be checked before the purchase or the buyer could buy a seriously deficient title. The property's condition is not well known and an interior inspection of the property may not be possible before the sale, says Wiedemer. In addition, only estate (probate) and foreclosure sales are exempt from some states? disclosure laws. In both cases, the law protects the seller (usually an heir or financial institution) who has recently acquired the property through adverse circumstances and may have little or no direct information about it. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top (0 ratings) submitted by Team Jackson (0%, 0 ratings), Nov 17, 05 There is however a difference in Sheriff Sale auction homes and REO foreclosure homes The ones up for auction are risky, no access, owners usually still in them, not sure the condition of the home b4 you bid Of course if the price is LOW enough then who cares REO homes have been auctioned to the bank, cleaned out, and listed with an REO agent in the area. Some of these will be priced high others will be dirt cheap, and you can go look inside them They are all sold AS IS, you can do an inspection but cannot use it to get out of the contract should you find something wrong. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top What types of foreclosure are there? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 Judicial foreclosure action is a proceeding in which a mortgagee, a trustee or another lien holder on property requests a court-supervised sale of the property to cover the unpaid balance of a delinquent debt. Non-judicial foreclosure is the process of selling real property under a power of sale in a mortgage or deed of trust that is in default. In such a foreclosure, however, the lender is unable to obtain a deficiency judgment, which makes some title insurance companies reluctant to issue a policy. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top How do you get financing for a foreclosure? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 One reason there are few bidders at foreclosure sales is that it is next to impossible to get financing for such a property. You generally need to show up with cash and lots of it, or a line of credit with your bank upon which you can draw cashier's checks. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top What happens at a trustee sale? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 Trustee sales are advertised in advance and require an all-cash bid. The sale is usually conducted by a sheriff, a constable or lawyer acting as trustee. This kind of sale, which usually attracts savvy investors, is not for the novice. In a trustee sale, the lender who holds the first loan on the property starts the bidding at the amount of the loan being foreclosed. Successful bidders receive a trustee's deed. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top How do you find government-repossessed homes? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 The U.S. Department of Housing and Urban Development acquires properties from lenders who foreclose on mortgages insured by HUD. These properties are available for sale to both homeowner-occupants and investors. You can only purchase HUD-owned properties through a licensed real estate broker. HUD will pay the broker's commission up to 6 percent of the sales price. Down payments vary depending on whether the property is eligible for FHA insurance. If not, payments range from the conventional market's 5 to 20 percent. One caution. HUD homes are sold "as is," meaning limited repairs have been made but no structural or mechanical warranties are implied. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top Can I get a HUD home for as little as $100 down? (100%, 2 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 If you are strapped for cash and looking for a bargain, you may be able to buy a foreclosure property acquired by the U.S. Department of Housing and Urban Development for as little as $100 down. With HUD foreclosures, down payments vary depending on whether the property is eligible for FHA insurance. If not, payments range from 5 to 20 percent. But when the property is FHA-insured, the down payment can go much lower. Each offer must be accompanied by an "earnest money" deposit equal to 5 percent of the bid price, not to exceed $2,000 but not less than $500. The U.S. Department of Veterans Affairs also offers foreclosure properties which can be purchased directly from the VA often well below market value and with a down payment amount as low as 2 percent for owner-occupants. Investors may be required to pay up to 10 percent of the purchase price as a down payment. This is because the VA guarantees home loans and often ends up owning the property if the veteran defaults. If you are interested in purchasing a VA foreclosure, call 1-800-827-1000 to request a current listing. About 100 new properties are listed every two weeks. You should be aware that foreclosure properties are sold "as is," meaning limited repairs have been made but no structural or mechanical warranties are implied. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) User comments eric soto : very useful, thanks for the phone # » Add new answer » Add new question » Email me when a new answer is posted » Top (0 ratings) submitted by Team Jackson (0%, 0 ratings), Nov 17, 05 Now days you can pretty much buy anything for no money down There are even programs out there for investors with 0 Down to use on duplexs and 4 families This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top Where can I find foreclosures? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 In most states, a foreclosure notice must be published in the legal notices section of a local newspaper where the property is located or in the nearest city. Also, foreclosure notices are usually posted on the property itself and somewhere in the city where the sale is to take place. When a homeowner is late on three payments, the bank will record a notice of default against the property. When the owner fails to pay up, a trustee sale is held, and the property is sold to the highest bidder. The financial institution that has initiated foreclosure proceedings usually will set the bid price at the loan amount. Despite these seemingly straightforward rules, buying foreclosures is not easy as it may sound. Sophisticated investors use the technique so novices may find themselves among stiff competition. Resources: * "The Smart Money Guide to Bargain Homes, How to Find and Buy Foreclosures," James I. Wiedemer, Dearborn Financial Publishing, Chicago; 1994. * "Real Estate Principles," Charles O. Stapleton III, Thomas Moran and Martha R. Williams, Dearborn Financial Publishing, Chicago; 1994. * "Real Estate Investing From A to Z," William H. Pivar, Probus Publishing, Chicago, 1993. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top (0 ratings) submitted by Team Jackson (0%, 0 ratings), Nov 17, 05 For auctions go to your local courthouse For REO homes go to a site like foreclosure.com or find a broker like me in your area, I pay for the site and get all the info then i post a list weekly by email to hundreds of investors in the area FREE. Look around there is always a guy like me This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top Do I have to buy HUD homes through a realty agent? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 You can only purchase a U.S. Department of Housing and Urban Development property through a licensed real estate broker. HUD will pay the broker's commission up to 6 percent of the sales price. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top Where do I learn about HUD foreclosures? (100%, 2 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 One good source is their Web page http://www.hud.gov This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top How does a home go into foreclosure? (75%, 1 rating) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 10, 03 (Answer last edited on Jul 5, 05) Foreclosure proceedings usually begin after a borrower has skipped three mortgage payments. The lender will record a notice of default against the property. Unless the debt is satisfied, the lender will foreclose on the mortgage and proceed to set up a trustee sale. For more questions or to learn about foreclosure prevention and information... http://www.propertyinvestmentadvisor.com/stop-foreclosure.html. To learn about foreclosure investing try here... http://www.propertyinvestmentadvisor.com This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) User comments Anonymous : kind of sketchy to those of us who really know nothing of real estate. » Add new answer » Add new question » Email me when a new answer is posted » Top What happens at a trustee sale? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 10, 03 Trustee sales are advertised in advance and require an all-cash bid. The sale is usually conducted by a sheriff, a constable or lawyer acting as trustee. This kind of sale, which usually attracts savvy investors, is not for the novice. In a trustee sale, the lender who holds the first loan on the property starts the bidding at the amount of the loan being foreclosed. Successful bidders receive a trustee's deed. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top How bad is a previous foreclosure on credit? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 10, 03 A property foreclosure is one of the most damaging events in a borrower's credit history. In terms of the effect on credit history, a deed in lieu of foreclosure or a short sale is not as adverse an event as is a forced foreclosure. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top What makes a newspaper "the newspaper of record" in a given state? » Add new answer » Add new question » Email me when an answer is posted » Top Who takes care of delinquent property taxes that have been previously sold at tax certificate sale for prior years? » Add new answer » Add new question » Email me when an answer is posted » Top Am I responsible for any liens that were on a foreclosed property before I had purchased it? I have the policy of title insurance. (100%, 1 rating) submitted by breadmanpaul ( A+ , 97%, 219 ratings), Sep 21, 05 Your title insurance provides you with clear title to the property. You cannot obtain clear title without in some way dealing with all existing liens. When you purchased the property, you very likely paid off all of the liens. If there are still liens against the property that were there before you purchased the property, then you do not have clear title. If you have evidence of any existing liens, then take them to the title company that provided you with title insurance. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top (0 ratings) submitted by Team Jackson (0%, 0 ratings), Nov 17, 05 No... example Sold woman a reo home in Feb of this year had back taxes for 02, 03, 04 due 04 was paid at closing title company mistake now assessor wants 02 and 03 or will tax foreclose title insurance company just paid the assessor they are your insurance that ALL title is clear up to the contract phase then make sure you get a gap for the remainder This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top In the normal home buying process, issues found during the home inspection allow you to back out of the purchase. Does this apply to foreclosures also? (0 ratings) submitted by DARON J ( A- , 86%, 80 ratings), Nov 29, 04 Normally the sell of a forclosure is "as is" . This is supposed to be stated in the realestate listing. If this is the case then you would lose your earnest money if you back out of the contract. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top How long does foreclosure take? (0 ratings) submitted by Team Jackson (0%, 0 ratings), Nov 17, 05 Most banks will let you be default for 12 months then they will start the procedure for auction this usually takes 90 days before its over and they are evicted depends on each area and the local laws This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top Where can I find an example of a letter to send to home owner's who are facing forclosure asking them if they would like to sell before their home is forclosed on? » Add new answer » Add new question » Email me when an answer is posted » Top If a bank initiates a foreclosure on a property which also has an IRS lien, and the bank ends up buying back the property for the amount of the unpaid loan, does the bank also have to satisfy the IRS lien? (0 ratings) submitted by Team Jackson (0%, 0 ratings), Nov 17, 05 Yes all liens must be clear to resell the property with clear title This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top Can you use a prequalification letter to secure a bid on a property that has been foreclosed on by a mortgage company at the county sale? » Add new answer » Add new question » Email me when an answer is posted » Top » Ask a question » Send me updates Important: Answerbag cannot guarantee the accuracy of answers submitted by members, and we recommend that you use common sense when following any advice found here. Full disclaimer User tools » Ask a question » Send me updates » Send to a friend » Show in text format » RSS Feed Glossary · NOD » Add new term Related Links No links submitted yet » Add new link Answerbag experts on Real estate foreclosures 1. Andersen777 ( A- , 100%, 2 ratings) 2. 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American Farmland Trust Texas region Texas Special Report Going, Going, Gone: The impact of land fragmentation on Texas agriculture and wildlife The Texas of legend, and of our memories, is a land of vast, wide open spaces. The reality, however, is that over the last 30 years, the average size of land ownership—the average acreage of land holdings—in Texas has been shrinking dramatically. A March, 2003 report from Texas Cooperative Extension of the Texas A&M University System and American Farmland Trust, entitled Texas Rural Lands: Trends and Conservation Implications for the 21st Century [ More ] , assesses the extent of land fragmentation in Texas and identifies predictors that warn of areas around the state most at risk for fragmentation. The report also examines how effective a purchase of development rights program may be in stemming the tide of land fragmentation in Texas. ( More information on PDR in Texas) Going, Going, Gone: The Impact of Land Fragmentation on Texas Agriculture and Wildlife summarizes some of the findings of that report, by discussing the effect of land fragmentation on our citizens, wildlife, farming, ranching and water supplies. This 12-page study also outlines recommendations made by American Farmland Trust with an eye toward conserving family lands and the Texas landscapes of our memory. To accommodate new landowners, the vast farms and famous Texas ranches are being rapidly splintered into smaller and smaller pieces. Each year since 1970, about 1,000 new farms and ranches have been established in Texas. At the same time, the total area devoted to agricultural uses declined by almost 3 million acres. That's 33,000 more farms and ranches on 3 million fewer acres. This process is part of a trend known as land fragmentation. ( Look at a map of Texas' most fragmented counties) Those new "ranchettes" are typically too small for traditional farming, ranching or forestry. But that's fine with most new landowners who have limited interest in working the land. Instead, they want a place where they can escape the crowds and noise of urban life. They want to do a little hunting, explore the countryside, own a few cattle and reconnect with the spirit of the old West. One recent survey of new landowners by the Texas A&M University's Real Estate Center found that 80 percent of buyers said that finding land for non-agricultural uses, like hunting, fishing and other recreation were "very important" motives for their purchase. Sadly, this rush to embrace the land may be ruining it. Thousands of new "ranchettes" are gobbling up open space and degrading wildlife habitat, while at the same time depleting and polluting scarce water resources. The most vivid examples of this phenomenon can be found in the more populous eastern half of the state and on the outskirts of just about any major city. From 1992 to 2001, over half a million acres of farm and ranchland in twenty-five Texas counties were converted to land uses other than agriculture. While this loss due to "urban sprawl" was primarily confined to the fringes of our major metropolitan areas, the fragmentation of agricultural lands into smaller ownerships has occurred in areas that have not been affected by urban sprawl. Fragmentation is starting to eat away at large ownerships even in areas such as the Trans Pecos and South Texas, which seem the very definition of "wide open spaces." This fragmentation is likely to continue in some of the most rural areas of the state where natural amenities such as recreation potential and scenic beauty are in high demand. Texas Rural Lands: Trends and Conservation Implications for the 21st Century examined the issue of land fragmentation and its impact on land uses across the state and found that this phenomenon is rapidly transforming Texas. The changes often go unnoticed by the average Texan, but those close to the land see the consequences. Things are changing. Follow the links below to view the rest of the report. Or download a PDF of the full report here . Look at the Texas Land Trends interactive report here . For more information on both reports, contact: Bob Wagner American Farmland Trust 1 Short Street Northampton, MA 01060 413-586-4593 Texas Regional home page AFT's Press Release on Going, Going, Gone Fragmentation study overview New Breed of Landowners Ranches and Wildlife Water Worries A PDR program for Texas Recommendations Charts and Graphs 1200 18th Street, NW, Suite 800 Washington, DC 20036 info@farmland.org 202-331-7300 202-659-8339 (f) [ << AFT Home ]