“Pre foreclosure” and Lis pendens

“Pre foreclosure” and Lis pendens

Real Estate Broker · Staten Island, NY · Member since 2017 · 101 posts · 43 votes

Hey everyone,

I’m a Realtor on Staten Island trying to turn my complete focus on investment properties as that’s what really excites me. I’m working with plenty of investor clients as of late and trying to expand my buyers list.

I’m going to start trying to acquire off market properties through postcards/driving for dollars. I want to reach out to the “pre foreclosures” that come up in my software but I’m so confused on the subject even though I’ve been trying to read and watch YouTube video after YouTube video on it- so I figured I’d come here for clarity.

Before I spend money reaching out to all of these "pre foreclosures", I just want to make sure that my buyers would be able to even buy these houses should the owners want to sell. If I'm reading correctly, once they receive the notice of default (NOD) they're now in "lis pendens"...is that correct?

Is it also correct that once it’s in lis pendens it’s very difficult to now buy the house? Is it possible at all?

Just looking for clarity on the whole pre foreclosure/lis pendens situation in NYS, please shed any light you have on the subject!

Thank you!!

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
6y

You're confusing all the you tubes together. Lis Pendin simply means a judicial foreclosure has been filed, nothing more. 
NOD's are used in Non judicial foreclosures.

Any property in foreclosure can’t be bought up until the time of the actual auction. 

Someone in your office knows this...it’s basic stuff. 

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    6y

    You're confusing all the you tubes together. Lis Pendin simply means a judicial foreclosure has been filed, nothing more. 
    NOD's are used in Non judicial foreclosures.

    Any property in foreclosure can’t be bought up until the time of the actual auction. 

    Someone in your office knows this...it’s basic stuff. 

  • Investor · Boca Raton, FL · Member since 2012 · 1k+ posts · 1k+ votes
    6y
    Originally posted by @Wayne Brooks:

    You're confusing all the you tubes together. Lis Pendin simply means a judicial foreclosure has been filed, nothing more. 
    NOD's are used in Non judicial foreclosures.

    Any property in foreclosure can’t be bought up until the time of the actual auction. 

    Someone in your office knows this...it’s basic stuff. 

    I think you meant any property CAN be bought up to the auction.  

  • Real Estate Broker · Portland, OR · Member since 2019 · 4k+ posts · 2k+ votes
    6y
    Originally posted by @Joseph Ranola:

    I just want to make sure that my buyers would be able to even buy these houses should the owners want to sell. If I'm reading correctly, once they receive the notice of default (NOD) they're now in "lis pendens"...is that correct?

    You can clear the lis pendens if the owner pays off the loan + penalties + lawyer time - Before foreclosure.

    You could also have the owner assign his redemption rights for a few thousand (typical in OR).  Then once foreclosed try to buy it back at the judgment price.

    In any case, I'd figure what that bank payoff amount is.  Even if you go to the courthouse sale, the lender will usually send a 3rd party to bid at that price so it doesn't show on their books as a loss.

    The payoff amount would drive my actions.  Not saying you couldn't get the prop cheaper after foreclosure, but with redemption and stat waiting periods and other guys seeing the foreclosure, it'll be tougher.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    6y

    @Joseph Ranola @Chad U.

    Yes...any property Can be bought up until auction. 

  • Investor · Eugene, OR · Member since 2016 · 5 posts · 2 votes
    5y

    @Steve Morris I recently found a property in Oregon that is in Lis pendens. How would one in this state go about getting the property owner to reassign rights? Would I need to get a real estate attorney involved?

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    5y

    @Tj Barrett The owner wouldn’t “reassign rights”….they sell it to you like any other other transaction. 

  • Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
    5y
    Originally posted by @Tj Barrett:

    @Steve Morris I recently found a property in Oregon that is in Lis pendens. How would one in this state go about getting the property owner to reassign rights? Would I need to get a real estate attorney involved?

    If it has a Lis Pendens no title company will give you clear title.

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