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Short Sales, Foreclosures and REO... Part 2

Foreclosures: These are the big Daddies of them all; the do or die, the final chapter. It may take six months for these to go down, but when they do, that's it: your property is history; you lose it!

In the states where a"Deficiency Judgment" is still an option, you still have 30 days to redeem your property by paying the bank ALL that you owe them, plus, plus, plus (the cost of the foreclosure process is not cheap and that gets added to the tab). I'm yet to see a person redeem their property, but it does happen in the movies...

Anyway, if you don't come up with the money within the 30 days after the foreclosure sale, the property goes to someone else.

In the states where a Deficiency Judgment is not an option, or when a lender does not request a deficiency judgment, which is the case quite frequently lately, then the foreclosure sale is the final sale. The Buyer pays 5% in cash the day of the sale and the remainder of the money within 10-20 days. The Buyer gets the property "as is", complete with mold issues, structural issue, tax liens, even HOA liens. This is the riskiest purchase a Buyer can make and it is NOT for the Real Estate Junior Leagers...

If you are the unlucky one the bank does not forgive, you receive the surprise of a Deficiency Judgment after the Foreclosure Sale. If you owed the bank $ 90,000 and they sold your property for $ 45,000, the bank will go after you for the difference of the $ 45,000 plus the late fees, plus the foreclosure costs. That $ 45,000 owed can easily become $ 70,000 and the bank will get a deficiency judgment against you for that amount. That deficiency judgment will follow you wherever you go until they get their money somehow. The bank will put liens on your other properties, your toys, your retirement accounts; they could even garner your wages. Yup, pretty scary!

For those of you who think that just trashing your credit and losing your property are the only bad things that can happen here, you're in for a very bad surprise. Just talk to one of those guys who do the chasing after these deficiency judgments; he'll let you in on some little secrets of the trade. Suffice it to say: you do not want a deficiency judgment clouding your life!

Myrtle Beach Foreclosures, Mirela Monte Short Sales, Foreclosures & REO's... Part 1

Posted Thursday Jun 12
(06/12/08 11:18PM) — Pedro Gonzalez

Great post it is always great to get valuable information from Activerain!

Mirela- Those are some important points. What the lender can garnish depends on the state you live in. Check with a foreclosure attorney in your state.

Lol great article,  also LOL about that cat!!


Tom Davis


World Class Delaware Realtor

(06/12/08 11:30PM) — John Ford

california handles things a little different. It's too easy to file BK and let it all "wash" away.

ERA:  Thank you!


Tom:  Thank you!  I love the poor cat too!  That's how homeowners feel when going through this painful foreclosure process...


John:  The BK used to work well in our state as well....  Things are changing fast and they have found more loopholes...  and the courts are no longer as linient.   This is a very transitional time in regards to these procedures. 

(06/14/08 02:52PM) — Larry Beck

you just opened my eyes, before reading your article I touhgt the only results of foreclosure was bad credit, bankruptcy and loosing


the property.


 


Very scary...

(06/14/08 11:06PM) — Terry Rasner-Yacenda, ABR, GRI

Hi Mirela -- REOs and short sales are my specialty area of real estate and you are so right; there's potentially much more for folks to deal with if they think foreclosure is the end of their problems.  Good info!

Terry:  Thank you for confirming that!  I wonder which states have Deficiency Judgments?  I know South Carolina does.  California doesn't.  I have not concerned myself with any foreclosures in NC, and I don't remember if they are.  


Do you know the states that have deficiency judgments?

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