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REPORTS: UPCOMING FORECLOSURE
SALES
USING UPCOMING FORECLOSURE
SALES REPORTS
All lien holders are wiped out at this sale except for a few. The
IRS maintains a 120 day redemption right from the date of sale.
Also code enforcement liens are maintained, but often these can
be negotiated and bought for pennies on the dollar. Some city mortgages
might attach as well
If the home owner's association is bringing the property to sale
for delinquent assessment fees, then on many occasions the sale
will be subject to any and all existing mortgages. These would have
to be satisfied or assumed, if assumable.
A title search is very important! This will allow you to know that
you are in fact buying a 1st mortgage, and not a 2nd. It will also
ensure that everyone that had an interest was properly served. If
this does not occur, you will be responsible for satisfying any
lien holders left out of the suit. Or maybe stuck paying off a 1st
mortgage if you purchase a 2nd mortgage at the sale. (Tip: FHA &
VA mortgages are typically 1st mortgages.)
The procedure regarding the payment of sale for the property is
as follows...
If you are the successful bidder at the sale, you will be required
to pay immediately 5% of your total bid in cash or cashier's checks
made payable to the Clerk of Circuit Court. Plus, you will need
Documentary Stamps which are $7 per $1000 and 1% of your bid for
registry fees. The remaining balance will be due by 4:00pm that
day. Failure to return by 4:00pm with the balance will result in
loss of the 5% deposit.
The final judgment amount represents what the plantiff has expended
into the foreclosure suit. The tax assessment "generally"
is about 80% of the property value.
While something may not appear to be a good deal on paper prior
to the sale, at times it may. 15 minutes before the sale, the process
servers provide final bids that they have been instructed to bid
to and stop. For example a final judgment amount may be $87,000
with a tax assessment at $70,000. Typically that would be upside-down.
But the day of the sale arrives, and the process server might have
a top bid of $55,000. Now that property becomes a good deal that
day. As you can tell, there often is no rhyme or reason to these
bids. In fact, occasionally a lender chooses to take a loss.
Hot tip: VA mortgages tend to
take the greatest loss at sale time - these are often the prime
choice for many Foreclosure/Disclosure Weekly subscribers.
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