Back to Table of Contents

Understanding Foreclosures

It is an unfortunate commentary, but when economic activity declines and housing activity decreases, more real property enters the foreclosure process. High interest rates and creative financing arrangements are also contributing factors.

When prices are rapidly accelerating during a real estate “bonanza”, many people go to any lengths available to get into the market through investments in vacation homes, rental housing and trading up to more expensive properties. In some cases, this results in the taking on of high interest rate payments and second, third and even fourth deeds of trust. Many buyers anticipate that interest rates will drop and home prices will continue to escalate. It is possible that neither will occur and borrowers may be faced with large balloon payments becoming due. When payments cannot be met, the foreclosure process looms on the horizon.

In the foreclosure process, one thing should be kept in mind: as a general rule, a lender would rather receive payments than receive a home due to a foreclosure. Lenders are not in the business of selling real estate and will often try to accommodate property owners who are having payment problems. The best plan is to contact the lender before payment problems arise. If monthly payments are too hefty, it may be that a lender will be able to make some alternative payment arrangements until the owner’s financial situation improves.

Let’s say, however, that a property owner has missed payments and has not made any alternate arrangements with the lender. In this case, the lender may decide to begin the foreclosure process. Under such circumstances, the lender, whether a bank, savings and loan or private party, will request that the trustee, often a title company, file a notice of default with the county recorder’s office. A copy of the notice is mailed to the property owner.

If the default is due to a balloon payment not being made when due, the lender can require full payment on the entire outstanding loan as the only way to cure the default. If the default is not cured, the lender may direct the trustee to sell the property at a public sale.

In cases of a public sale, a notice of sale must be published in a local newspaper and posted in a public place, usually the courthouse, for three consecutive weeks. Once the notice of sale has been recorded, the property owner has until 5 days prior to the published sale date to bring the loan current. If the owner cures the default by making up the payments, the deed of trust will be reinstated and regular monthly payments will continue as before.

After this time, it may still be possible for the property owner to work out a postponement on the sale with the lender. However, if no postponement is reached, the property goes on the block. At the sale, buyers must pay the amount of their bid in cash, cashier’s check or other instrument acceptable to the trustee. A lender may “credit bid” up to the amount of the obligation being foreclosed upon.

With the recent attention given to foreclosure, there also has been corresponding interest in buying foreclosed properties. However, caveat emptor: buyer beware. Foreclosed properties are very likely to be burdened with overdue taxes, liens and clouded titles. A buyer should do his homework and ask a local title company for information concerning these outstanding liens and encumbrances. Title insurance may or may not be available following a foreclosure sale and various exceptions may be included in any title insurance policy issued to a buyer of a foreclosed property.

Your local title company will be happy to provide additional information.

Back to Table of Contents

Assist-2-Sell, Your Choice Realty
1355 Airbase Rd.
Mountain Home, ID 83647
Phone: 208-587-9111
(Connect to an agent 24/7)
Fax: (208) 587-8111
Email: Floyd@assist2sell.com
agent photo

Testimonials Page

"Highly recommend Melissa as a seller's agent! As long distance home owners with renters living in the house, we certainly didn't have the ideal situation for selling a home. She handled EVERYTHING to make the process as seamless as possible. We had great communication and she was willing to do whatever it took to get our home sold-- working with the renters, arranging repairs, etc. Melissa quickly sold a home we hadn't laid eyes on in 7 years. We couldn't be more pleased with our choice to hire Melissa as our agent." eschore5
Our family was growing but unfortunately our home wasn't. When my wife and I finally made the decision to sell and build a new home there were all lot of choices for our real estate needs. Some brokers wanted 5% and others 6% to sell our home. That to us seemed unreasonable. We worked hard to build up equity over time and didn't want to give nearly a third of it to a Realtor. I then got in contact with Susan Richelieu at Assist 2 Sell. Susan told us that she could sell our home at a significantly lesser rate and offer the same full service assistance as all other realtors in town. Hard to believe, right? To be completely honest, she was wrong, because she wasn't just as good as other realtors in town...SHE WAS BETTER!! Susan did an amazing job marketing our home and she even found the buyer. She did everything and stayed in constant communication with us so that we were never left in the dark. We had an accepted offer within 2 months! The best part is she saved us over $5000 in real estate fees. All of that money went back in our pocket and into our new home. Thank you Susan for representing my family. You truly are the best in the business. Matt and Michelle Chandler
View All