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Forums » General Foreclosure & Pre-Foreclosure Forums » Newbie question about forclosure

Newbie question about forclosure Subscribe to Newbie question about forclosure

11 posts by 7 users

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Real Estate Investor · Hillsboro, Oregon


I have a subscription to realtytrac.com. For a particular property I'm interested in, which is scheduled to be auctioned in Sept., I can see that the "Balance Due" is $157K, but the "Opening Bid" is $110k. Why would the opening bid be less than the balance due? Is the opening bid the amount owed on the first mortgage? If I win the auction, am I going to be responsible for $47K in other loans? If so, do they needed to be paid upfront or are the loans essentially assumed at the rate and terms the previous buyer had them? How do I go about finding what the loans are for?

Thanks,
Mariah


Real Estate Investor · Denver, Colorado


I see opening bids lower than the amount owed when the lender if also filing a deficiency judgment.

Yes, its possible for you to win a property at auction only to to find out there are other liens still in place. A title search is the best way to discover exactly what's going on.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


· Sacramento, CA


It is becoming prevalent for opening bids to be lower than the total owed. Lenders are lowering bids to more appropriately reflect the property value to facilitate foreclosure sale liquidations.

As Jon mentioned, you must perform a title search so you know exactly the lien position of the auction being held, delinquent taxes, IRS liens, etc.


Real Estate Investor · Hillsboro, Oregon


Thank you both for you input. I will be going to the courthouse today to attempt my first title search. Other than bring the official address (parcel # and lot #), is there anything else I need to know about doing a title search? I hope there is a helpful clerk that will hold my hand through this.


Real Estate Investor · sioux falls, South Dakota


Yes- be careful. VERY careful. I've told horror stories on here about people making mistakes at auctions I attended in TX. One bought a property at a good price , but he had missed an IRS tax lien which doesn't go away for 112K. The property he bought for cash was only worth about 80K and he paid 40K. Completely down the drain. Be careful what you do. Good luck. Rich.



Agreed on all of the above. You need to do a lot of research. Are so many possible debtors that can be in line ahead of you. I have always thought there should be rules to require a title report for bidders, full disclosure. When you consider other forms of transactions, it is often illegal to sell interest something that is not clear - particularly without disclosure or permission from the parties in line to collect. Fraudulent conveyance...

If that were the case though it would be a disadvantage to banks, since the only people buying upside down deals are those who were duped into doing it. In the end, it is the buyer's fault, but it a nasty trick to pull. Since the banks have the money and the influence, this is why they are able to subvert traditional consumer protections.

Good luck, be careful... and REOs can offer a much safer way to buy for those who are getting started. You have a lot more outs to correct a bad mistake or oversight.



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Real Estate Investor · Hillsboro, Oregon


Thanks all for your responses, and for not laughing at my questions, which must seem very simple to you pros.

Regarding Greg's comment "It is becoming prevalent for opening bids to be lower than the total owed. Lenders are lowering bids to more appropriately reflect the property value to facilitate foreclosure sale liquidations" I don't think that is the issue here, because the Zestimate is $303K and amount owed is $157K. It must be due to the deficiency judgment, or realtytrac could have the incorrect info.

I went to the courthouse yesterday and searched the county records on the proper address of the property, as well as every possible misspelling of the owners' names. The only lien I found was from the HOA. There were several items recorded where the owner had paid off a mortgage and taken out a new one. I did not see any tax liens. My question is - would these be in the same place, or do I need to do a separate tax search? The clerks at the county were useless, and didn't seem at all interested in helping me.

One more question - do you all use realtytrac, get your info from the trustees' websites, or some other source of info?

Thanks!
Mariah


Real Estate Investor · Denver, Colorado


Forget about "zestimates". They might be accurate for some particular house, but the amount of variation is truly incredible. For example, zillow shows one of my houses to be worth $207K. If I could sell it for $130K I'd sell it in a heartbeat.

County records are often very obtuse. Does that county have records online? That would give you the chance to spend some time puzzling through their information without having to go to the courthouse.

You should find a REIA in your area and go and talk to people. Almost certainly, people have figurued this out and perhaps you can meet some of them.

I subscribed to one of the realtytrac type services for a while. I'm not sure if it was them or someone else. I found their information to be so inaccurate and out of date that it was worthless. We have a local company here that collects the information for about a dozen counties and sends it out as soon as its published each week.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Agent · Portland, Oregon


Originally posted by Jon Holdman
Does that county have records online? .

As far as I am aware, they do not have any records available online for Washington, Multnomah, or Clackamas Counties (with the exception being the City of Portland's Assessor).

I agree with Jon's suggestion to check out the local reia. It goes by the name NWREIA. There is also a Yahoo Groups message board.

Mariah: When you say that the clerks were useless, what county was that? I can only speak for the Multnomah County Recorders office, but as a green newbie myself, they were very polite and nearly insisted on helping me when I suggested that I'd figure it out myself.


Real Estate Investor · Hillsboro, Oregon


Thanks Jeff. I'm in Washington County and I could not find any way to search online either. Maybe I caught them on a bad day. I found the system to be relatively easy to use, though, once I had the proper address.

Thanks for the tips on NWREIA and the Yahoo group. I will look into those.


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