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[-] NYT article regarding Spain's foreclosure practices - Leigh Attridge/MA (5 replies)
10/27/2010 10:18:18 PM (4879 views)
Re: NYT article regarding Spain's foreclosure practices - George Booth/OH
10/27/2010 11:04:22 PM (3842 views)
Re: NYT article regarding Spain's foreclosure practices - Bill Garrett/MS
11/1/2010 11:12:15 AM (3696 views)
Re: NYT article regarding Spain's foreclosure practices - William Pattison 
11/1/2010 3:27:12 PM (3596 views)

The nonjudicial foreclosure goes in California goes like this:

Borrowers approach bank for loan.  Bank has borrower sign promissory note. 

Bank also has borrower sign a Deed of Trust which puts the house (lot and improvments) up  as collateral against the loan value.

Bank has the Deed of Trust recorded in the Official Records Office of the County where the property is located.

Borrower stops paying.

Bank sends friendly reminder and overdue letters by mail to the borrower.

Bank later tells trustee to file a Notice of Default on the Official Records showing amount overdue.

Bank later tells trustee to file a Notice of Trustee Sale that sets a date, time and place (County courthouse steps usually) for auction.

Naturally, Borrower continues to NOT pay during this scenario.

Trustee hires auctioneer to handle auction on appointed date.  Auction day arrives and the auction occurs.  Bank is ALWAYS first bidder as that sets the initial bid price.

House is "under water" (amount due is higher than value of home in current, declining-value market conditions) and nobody else bids.  Bank owns property.

Trustee has a couple days to record Trustee Sale Deed into bank name.

Bank can evict Borrower or allow Borrower to continue to live there.  Bank chooses latter as they can't unload the house under current market conditions.  Better to have a (former) owner continue to live in the home and upkeep it than get cited $1k daily for neighborhood blight, zoning violations and lawsuit potential from accidents that might happen.

Someday, bank evicts former Borrower, either by mutual agreement or by court order and sheriff enforcement with notice posted on door and the like.  Long costly process if the former Borrower does not move willingly.

This varies for actual mortgages, property tax foreclosures, tax seizures, and homeowners association foreclosures.   Complicating factors (but not by much) might include promissory notes that are sold (and hence, should be re-assigned of public record by recording an Assignment of Deed of Trust), or rental units under lease, or commercial  foreclosures.  Each other scenariou offers nuances to the nonjudicial foreclosure process, as you can imagine. 

Also, the scenario above is very simplified and does not include auction delays, filing deadline issues, flawed notification issues and more.

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Re: NYT article regarding Spain's foreclosure practices - Bill Garrett/MS
11/1/2010 8:59:45 PM (3638 views)
Predatory Lending - William Pattison /CA
11/1/2010 5:58:12 PM (3539 views)

[+] CHECK THIS LINK REGARDING STERN - CHARLENE  PERRY/MD (1 reply)
10/27/2010 2:45:41 PM (4553 views)

[+] Fidelity National Agency Solutions - Rita Killary/NY (5 replies)
10/27/2010 11:00:08 AM (3696 views)

ORT and MARYLAND FORECLOSURES - CHARLENE  PERRY/MD
10/25/2010 3:27:23 PM (2717 views)

AAC / Mifflin Co Abstract - K C/NJ
10/25/2010 2:06:17 PM (4536 views)




[+] out sourcing to india - Robert Alvey/VA (5 replies)
10/23/2010 11:13:32 AM (4258 views)

[+] foreclosures - Robert Alvey/VA (2 replies)
10/23/2010 10:55:11 AM (3424 views)

FBI INVESTIGATES FORECLOSURE DEBACLE - CHARLENE  PERRY/MD
10/22/2010 1:57:48 PM (4371 views)

[+] Short story seasonal contest - Amy Jensen/OR (1 reply)
10/22/2010 1:32:09 PM (3076 views)

[+] robert alvey - Doug Laine/VA (7 replies)
10/22/2010 10:59:35 AM (3772 views)

[+] Nationwide Title Clearing - Becky Taylor/GA (10 replies)
10/21/2010 11:41:27 AM (5815 views)

[+] THIS JUST IN.... - CHARLENE  PERRY/MD (8 replies)
10/19/2010 1:43:01 PM (3700 views)

China has it's own problems in the real estate market - Leigh Attridge/MA
10/19/2010 1:22:49 PM (4418 views)

[+] Connecticut Animal Lovers - Kevin Ahern/CT (5 replies)
10/19/2010 12:13:09 PM (3105 views)

[+] Securitec Screening Solutions Does not Pay - Sandra Harold/KS (2 replies)
10/19/2010 12:05:25 PM (4181 views)


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