When does a home go into Foreclosure?
When a borrower stops making mortgage payments to the beneficiary, thus the lender. The lender can then record a Notice Of Default to the county recorder. The lender can record the NOD anytime they feel they have exhausted their resources. Meaning, the lender has probably contacted the borrowers several times with no solution before they decide to proceed with the foreclosure process.
What happens next?
After 3 months the lender or trustee sets a Date Of Sale and notifies all parties, including other lien holders, and state and federal taxing agencies.
What happens if the foreclosed home does not sale?
If the minimum bid is not met, the property reverts back to the lender and becomes an REO (Real Estate Owned) and can then be purchased directly from the lender.
AVOIDING FORECLOSURE:
Before you decide to go into foreclosure, there are housing counseling agencies supported by the United States Government that offers valuable resources to help find special borrowers programs. Most of these services are free of charge. Contact the US Department and Urban Development (HUD) (800) 560-4287 or visit the website at www.hud.gov for more info.
Ask The Lender...Many lenders offer assistance, but only for those who stay in their home and not abandon it. For e.g., the lender may have a special
forbearance program to rearrange payments, or even reduce or suspend them for a period of time. The lender may also refinance the debt or extend the term of the loan to make the payments lower.
FHA loans may qualify for a "partial claim" payment. The program provides a one-time payment from he FHA insurance fund to bring the mortgage current. A signed Promissory Note and lien amount of the partial claim will be placed against the property. The interest-free amount is due and payable when the first mortgage is paid off or when the property is sold.
TaxesBorrowers assume that a foreclosure will automatically relieve them from their delima. But this is usually not true. In addition to the damage to their credit rating, foreclosures can also cause a major tax consequence. It is important to seek advise from a tax attorney or CPA for all considerations and alternative to a foreclosure.