What is Foreclosure?
Foreclosure is a process that allows a lender to recover the amount owed on a defaulted loan by selling or taking ownership
(repossession) of the property securing the loan. The foreclosure process begins when a borrower/owner defaults on
loan payments (usually mortgage payments) and the lender files a public default notice, called a Notice of Default or
Lis Pendens. The foreclosure process can end one of four ways:
• The borrower/owner reinstates the loan by paying off the default amount during a grace period determined by
state law. This grace period is also known as pre-foreclosure.
• The borrower/owner sells the property to a third party during the pre-foreclosure period. The sale allows the
borrower/owner to pay off the loan and avoid having a foreclosure on his or her credit history.
• A third party buys the property at a public auction at the end of the pre-foreclosure period.
• The lender takes ownership of the property, usually with the intent to re-sell it on the open market. The lender
can take ownership either through an agreement with the borrower/owner during pre-foreclosure or by buying back
the property at the public auction. These properties are also known as bank-owned or REO properties
(Real Estate Owned by the lender).
Foreclosure Opportunities
Pre-Foreclosure:
Buying a property in pre-foreclosure involves approaching the borrower/owner and offering to buy the property outright.
The borrower/owner can walk away with the equity in the property and avoid a bad mark on his or her credit history.
The buyer has time to research the title and condition of the property and can realize discounts of 20-40 percent
below market value.
Next Step: How to buy a pre-closure
Public Auction:
If the loan is not reinstated by the end of the pre-foreclosure period, potential buyers can bid on the property at a public
auction. Buyers often are required to pay in cash at the auction and may not have much time to research the title and
condition of the property beforehand; however, a public auction often offers some of the best bargains and avoids
the unpredictability of dealing directly with the borrower/owner.
Next Step: How to buy via public auction
Bank-Owned (a.k.a. REO):
If the lender takes ownership of the property, either through an agreement with the owner during pre-foreclosure or at the
public auction, the lender will usually re-sell the property to recover the unpaid loan amount. The lender will typically
clear the title and perform needed maintenance and repair; however, the discount for these REO homes is typically
less than a pre-foreclosure or auction property discount. Bank foreclosures can become government foreclosures if
the loan is backed by a government agency such as the Department of Housing and Urban Development (HUD) or
the Department of Veterans Affairs (VA). In that case the government agency would be responsible for selling the
property.
Next Step: How to buy an REO property |