A bank foreclosure is a home or a property owned by banks or lenders as a result of foreclosure and put into public auction. Foreclosure is a pocedure that has to take place when a homeowner doesn’t manage to pay the mortgage loan. When a public notice is filed for eviction, the process is called pre-foreclosure. If the property is taken by the bank and is currently vacant, then the real estate is called REO. Bank foreclosure is the most popular type of foreclosure for people which are new in the business. They consider their investment safer if they use this type of foreclosure instead of another.

Because auctions are organized frequently for the selling of foreclosed properties, the real estate has once again the chance to become REO. The selling of these REO properties can be made through a real estate agent or a third-party marketing company on the open market. If the purchase of the property doesn’t occur and if the former owner participates at the auction and has the highest bid, then the property is given back to him, but will be owned by the bank.

Bank foreclosure offers a lot of oportunities and advantages due to certain features of these properties. A bank foreclosure is easier to buy because there are no back taxes or any other problems related to the property one would normally have to deal with. The interested part can even negotiate the price. Most importantly, a bank foreclosure can be bought at a price with 10-20% less than the market value of the house and save up to 50%. Of course, there might be other expenses you might have to think about, like the price of the renovation of the property because no one guarantees the property will be good as new. If your deal is bargain, this is because the bank foreclosure is a profit loss for the owners and, by extent, a gain on the part of the buyer.

Not only individuals are interested in buying bank foreclosure. Real estate agents make a part of their income by using an updated foreclosure listing, by purchasing homes cheap and selling them for a profit. This has the effect of turning foreclosure properties into highly demanded real estate. So, if you want to become an investor in the real estate market, you have to know a few things first and do a little research in your own foreclosure listing.

“Where can I get a foreclosure listing?” comes to mind. If interested in buying a house, you can check the local bank. There are also government agencies which can provide you with one, but the most common way to obtain a foreclosure listing is the Internet. When browsing the web one will surely come across many web sites that offer reliable services and can provide an online foreclosure listing. However, this does not mean that any foreclosure list is valuable. Foreclosure lists have to be permanently updated and their information mustn’t be partial to be helpful. A good foreclosure listing is helpful for both real estate investors and interested individuals. This is why we recommend you foreclosure1.com which can supply additional data to what you already know and whose foreclosure listing is the solution for an organized search of bank foreclosure. In fact, consulting a foreclosure listing like the one we’ve just mentioned is a lot easier and better than calling banks to find out about current real estate owned properties for sale or looking through court documents and newspapers.

A foreclosure listing presents the latest properties that are now considered bank foreclosure and through an attentive search, one can find the perfect real estate before the competition does. Another advantage is that a good foreclosure listing allows one to find foreclosed real estate at any time (be it day or night). If the future investor uses a foreclosure listing, he can save money as well as time and effort because the bank foreclosure is easier to find and more accessible for the interested public. The pertinent information contained in a foreclosure listing can be a blessing for a person who doesn’t want to waste any time and who wants to find the perfect bank foreclosure as soon as possible.

Some of the reasons why a bank foreclosure can be perfect for purchase are:

- Because there are no property title issues involved, there won’t be any problem in getting the title policy when closing the contract;

- Because the bank has already paid everything, one won’t have to worry about back taxes;

- The house is vacant so it can be visited as many times as necessary before closing the deal;

- One can choose the area where he/she wants to buy the house with the help of a foreclosure listing.

- You (the person interested in buying) can deal directly with the bank, without appealing to a real estate agent

- There won’t be any arguing with the homeowner about the “correct” amount of equity.

After all these being said, buying bank foreclosure homes becomes the safest method of purchasing a property. The process is easy and eliminates or reduces many risks associated with other forms of purchase than bank foreclosure.



By: Amelie Mag

About the Author:

(c) 2008 Troy Foote

To understand the foreclosure process one must know what it is first. So what is the definition of foreclosure? Simply put, the foreclosure process as applied to residential mortgage loans is a bank or other secured creditor selling or repossessing a parcel of real property (immovable property) after the owner has failed to comply with an agreement between the lender and borrower called a “mortgage” or “deed of trust”.

Within the United States and many other countries, several types of foreclosure exist. Two of them – namely, by judicial sale and by power of sale – are widely used, but other modes of foreclosure are also possible in a few states.

The process of foreclosure can be rapid or lengthy and varies from state to state. Other options such as refinancing, alternate financing, temporary arrangements with the lender, or even bankruptcy may present homeowners with ways to avoid foreclosure.

The number of households in foreclosure increased 79 percent in 2007, and that number is increasing for 2008! So how does the foreclosure process end? Well it can end in one of four ways:

1.The borrower/owner reinstates the loan by paying off the default amount during the grace period.

2.The borrower/owner sells the property to a third party during the pre-foreclosure period The sale allows the borrower/owner to pay off the loan and avoid having a foreclosure on his or her credit history.

3. A third party buys the property at a public auction at the end of the pre-foreclosure period.

4. The lender can take ownership either through an agreement with the borrower/owner during pre-foreclosure, via a short sale foreclosure or by buying back the property at the public auction.

Remember that understanding foreclosures is the first step for homeowners to stop foreclosure. As long as real estate prices, which are pretty much dictated by real estate buyers, continue to decline, there will be increased numbers of defaults and foreclosures.

Few choose to go into foreclosure voluntarily. It’s often an unpredictable result from one of the following: Laid-off, fired or quit job. Inability to continue working due to medical conditions. Excessive debt and mounting bill obligations. Squabbles with co-owner, divorce or job transfer to another state.

So how do you avoid foreclosure?

The best way to avoid foreclosure is to prevent the filing of a Notice of Default. That is why it is better for you to call your lender before falling behind on your payments, because lenders are often reluctant to work out repayment schedules after foreclosure proceedings have been commenced. You will be given a certain time period to bring the payments current, pay the costs of filing the foreclosure and stop the foreclosure.

No one expects to lose their house to foreclosure, but by understanding the foreclosure process and what may lead up to it, you can be in a better position to recognize and address potential problems that may impact your ability to make every mortgage payment on time.

Learn to recognize the warning signs of foreclosure. Know what early steps you can take to avoid foreclosure. If you are in the midst of a foreclosure, know the dos and don’ts. Know where to get help in dealing with issues that could lead to foreclosure. The time to develop a backup plan is not when things have gotten so bad that you are facing foreclosure, but when things are going well and you can prepare for the unexpected “what if’s” that happen in life.

Nearly four out of ten sub prime ARM loans are a month or more late, or in foreclosure. And sub prime ARMs account for 39% of the loans that fell into foreclosure during the quarter. Prime fixed-rate loans, which are considered very low risk, have also seen sharp increases in their delinquency and foreclosure rates, although they are performing far better than the riskier loans on the market.

There are 431,000 prime loans in foreclosure. This marks the sixth straight quarter in which a record percentage of loans went into foreclosure. Nearly half of the homes in foreclosure are concentrated in six states. Those four states have nearly 400,000 homes in foreclosure, or a third of the nationwide total. Ohio has about 61,000 homes in foreclosure, while Michigan has about 54,000. The rate of homes going into foreclosure in Ohio and Michigan was narrowly lower than it was in the fourth quarter, and 18 other states also saw a decline in that rate.

Both foreclosures and deficiency judgments could seriously affect your ability to qualify for credit in the future. So you should avoid foreclosure if at all possible.

By: Troy Foote

About the Author:

Advice for Homeowners That Want to Save Their Home

Facing a home foreclosure can be a very scary experience. While foreclosure laws differ from state to state, good foreclosure advice can help almost anyone in this terrible situation. In this article we will explain 5 of the most commons things you should know if you plan to stop home foreclosure and remain in your home.

Five Tips to Avoiding Home Foreclosure

1. Do Not Avoid Your Lender

It is human nature to avoid any situation we feel we are not equipped to deal with. However, if you are behind on mortgage payments and need to stop home foreclosure to remain in your home, avoiding the situation is only counterproductive. Once the foreclosure process has begun, the only thing that will stop the foreclosure process is for you to do something. If you choose to avoid your lender and do nothing to stop the foreclosure, then the foreclosure process will inevitably take your home. Stay in touch with your lender, and provide them with current and accurate contact information.

2. When You First Fall Behind on Your Mortgage Payments, Write Your Lender a Hardship Letter

Lenders are people just like you and I. If some owed you money and could not pay, you would feel much better if they communicated with you and explained their current situation and when they may be able to repay you. Lenders are no different. Many homeowners who refuse seek foreclosure advice do not realize that by writing a Hardship Letter and sending it to your lender, you may me able to delay or even avoid foreclosure. If your financial situation will be improving soon, your lender may decide to give you some additional time to catch up your payments. The best way to stop home foreclosure is to avoid foreclosure altogether.

3. Ask Your Lender if They Can Offer You About Any Foreclosure Advice or Foreclosure Alternatives

You are not the first person to fall behind on mortgage payments, and you won’t be the last. Many lenders have Workout Departments that can give free foreclosure help that can help you stop home foreclosure or avoid foreclosure altogether. Before you talk to an attorney or consider filing bankruptcy to stop foreclosure, find out if your lender can offer you free foreclosure advice and get you back on track.

4. If You Get Foreclosure Advice From a Third Party, Avoid Foreclosure Scams At All Cost

The big problem with a scam artist is that they look and sound like legitimate business people! There are more “Avoid Foreclosure” and “Pay Us To Stop Home Foreclosure” scams than ever more. As foreclosure rates rise and more and more owners seek foreclosure alternatives to help stop home foreclosure, the number of scams will only increase. The best way to avoid foreclosure scams to make sure you are dealing with a company that will at least provide an initial free consultation, references, and has been in business at least two years. Avoiding foreclosure scam artist that can ask for large amounts of money up front or promise to stop home foreclosure as soon as they receive payment can save you time and money.

5. If Possible, Keep Your Other Bills Current

There are many legitimate companies that offer financial help or loans for people in foreclosure. They can help stop home foreclosure by loaning the money you need to catch up on your mortgage payments or by refinancing your property with a new loan, thus paying of your lender and avoiding foreclosure. If you are behind on all of your bills, your credit score will most likely be too low to qualify for this type of loan, called a Foreclosure Bailout (a special type of loan designed specifically for people in foreclosure). I have seen consumers with a mortgage and several other small monthly payments (less than $20) lose their home because they stopped paying all of their bills. Avoiding foreclosure with a loan is one of the best ways to save your home, so if you can stay current on your other bills this is a viable option to stop home foreclosure and is some of the best foreclosure advice anyone can give you.

By: Author

About the Author:

Four Tips on Spotting “Stop Foreclosure” & “Avoid Foreclosure” Scams

Unfortunately, it is a sign of the times we live in that scam artist tend to target those who are already down on their luck. One of the most obvious signs that a person is having financial problems is that they are seeking foreclosure advice on how to stop foreclosure or avoid foreclosure in an effort to save their home. As soon as the scam artist hears the words “Save My Home From Foreclosure”, the consumer becomes an instant target. This article explains 4 useful tip to spotting “Stop Foreclosure” & “Avoid Foreclosure” scams.

Four Tips to Spotting “Stop Foreclosure” & “Avoid Foreclosure” Scams

1. You are Being Asked For Large Amounts of Money Up Front

Most reputable companies who engage in the business if giving foreclosure advice will provide you with at least one free consultation. Since laws and policies vary from state to state and from mortgage lender to mortgage lender, it is very difficult to find anyone with the expertise to stop home foreclosure in every situation. If a person is not willing to speak with you, gather some basic information, and assess your particular situation without first receiving payment, it is probable another “Stop Home Foreclosure” scam.

2. Companies That Offer Good Foreclosure Advice Have References

To most people, their home is their most important asset as well as the roof over their family’s head. The most common thing most foreclosure counselors hear from anyone looking determined to avoid foreclosure is “I need to save my home from foreclosure because I have no place else to go”. If a company is giving consumers sound foreclosure advice and helping homeowners save their homes, they will be able to provide references to other people to whom they have provided foreclosure help.

3. Learn The Difference Between a Foreclosure Counselor and a Foreclosure Investor

Many of the ads targeted to homeowners trying to avoid foreclosure are paid for by companies that are actually foreclosure investors. Foreclosure investors are companies that buy and sell properties for profit. A foreclosure counselor is someone whose job is to provide foreclosure help and foreclosure advice to consumers that are determined to stop home foreclosure and remain in their home. Many, if not most, legitimate foreclosure counselors do not invest in real estate at all. It is important that you know the difference. If you are working with a foreclosure investor who promised to buy your property as a means of avoiding foreclosure, make sure he or she has the funds to buy your home or, if they are using a mortgage to make the purchase, can provide a mortgage pre-approval letter at the least.

4. Make Sure Whatever Method You Use Will Actually Stop the Foreclosure

I have seen many homeowners try to stop foreclosure by deeding the property to a friend or family member, signing a forbearance agreement, or taking money from foreclosure investors and giving them control of the property. In many cases, these methods will not prevent home foreclosure, even though the person providing you with foreclosure advice claims they will. You must make sure that whatever method you think is your best chance of avoiding foreclosure will actually stop the foreclosure process. If you don’t, you may end out of your home and still forced to face the fact that you have done nothing to avoid foreclosure.



By: Author

About the Author:

For most of us in the middle class, building a home is a lifetime project. Most of us plough the major part of our savings into making the dream home where we can hope to be safe, and comfortable. But what if those very dreams are threatened by foreclosure? We can stop foreclosure in many cases. With some foreclosure help, you’ll know what to do in the situation to prevent foreclosure from snatching your home.

One important thing you need to remember is that to stop foreclosure, you are going to have to repay back that loan. All the measures that you can take will only help to delay, or reschedule the repayments. They will not give you a free ticket to keep your home. So seek foreclosure help only if your intent is to ultimate repay the loan.

Here’s another reason why you will want to avoid foreclosure. Foreclosure not only takes away your property it also lowers your credit ranking. Once you’ve gone through foreclosure, it will be harder for you to get loans. That’s why it is even more important for you to seek foreclosure help and stop foreclosure to save your credit rating.

The first thing that you should do to stop foreclosure is talk to your lender. Most lenders don’t want to go for foreclosure because it’s a tedious process and often results in a loss for them. They’d rather have you repay the loan. If you explain your financial predicament to the lender, and also give them a reasonable time period in which you can start repaying your loan, you won’t even need foreclosure help as the lender might agree to reschedule your payments.

The second thing you need to do is to continue living in the home that threatened by foreclosure. If you live in the house, the lender will find it harder to foreclose. So to stop foreclosure, and to force the lender to be more generous with the deal they give you, live in the house. That’s what you’ll hear when you seek professional foreclosure help.

One of the most viable options to re-work your debt is to ask for special forbearance. If you can show conclusive evidence to your lender that there’s a negative change in your financial position, or your living expenses have gone up, the lender might give you this options and you’ll be able to stop foreclosure. Under this system the lender will temporarily reduce your repayments or even suspend them for a while. You’ll also have to show the lender that you’ll be able stick to the new plan.

The second option is to modify your mortgage and increase the loan’s term. Stretched over a longer term, the monthly installments will go down. You’ll have to convince the lender that you’ll stick to the new payment plan to stop foreclosure. So if you think you can repay your loan over a longer period of time, contact your lender for foreclosure help.

The third option is to seek a little help from FHA insurance fund. The lender can ask the insurance fund to pay some amount on your behalf to bring your mortgage to current levels. You’ll have to sign an promissory note and pay back FHA later. The amount that FHA gives you is interest free. Seeking foreclosure help this way is viable if you really wan to stop foreclosure.

For more resources about stop foreclosure or even about foreclosure help please review this page http://www.delaybankforeclosure.com



By: Groshan Fabiola

About the Author:

(c) 2008 Troy Foote

To understand the foreclosure process one must know what it is first. So what is the definition of foreclosure? Simply put, the foreclosure process as applied to residential mortgage loans is a bank or other secured creditor selling or repossessing a parcel of real property (immovable property) after the owner has failed to comply with an agreement between the lender and borrower called a “mortgage” or “deed of trust”.

Within the United States and many other countries, several types of foreclosure exist. Two of them – namely, by judicial sale and by power of sale – are widely used, but other modes of foreclosure are also possible in a few states.

The process of foreclosure can be rapid or lengthy and varies from state to state. Other options such as refinancing, alternate financing, temporary arrangements with the lender, or even bankruptcy may present homeowners with ways to avoid foreclosure.

The number of households in foreclosure increased 79 percent in 2007, and that number is increasing for 2008! So how does the foreclosure process end? Well it can end in one of four ways:

1.The borrower/owner reinstates the loan by paying off the default amount during the grace period.

2.The borrower/owner sells the property to a third party during the pre-foreclosure period The sale allows the borrower/owner to pay off the loan and avoid having a foreclosure on his or her credit history.

3. A third party buys the property at a public auction at the end of the pre-foreclosure period.

4. The lender can take ownership either through an agreement with the borrower/owner during pre-foreclosure, via a short sale foreclosure or by buying back the property at the public auction.

Remember that understanding foreclosures is the first step for homeowners to stop foreclosure. As long as real estate prices, which are pretty much dictated by real estate buyers, continue to decline, there will be increased numbers of defaults and foreclosures.

Few choose to go into foreclosure voluntarily. It’s often an unpredictable result from one of the following: Laid-off, fired or quit job. Inability to continue working due to medical conditions. Excessive debt and mounting bill obligations. Squabbles with co-owner, divorce or job transfer to another state.

So how do you avoid foreclosure?

The best way to avoid foreclosure is to prevent the filing of a Notice of Default. That is why it is better for you to call your lender before falling behind on your payments, because lenders are often reluctant to work out repayment schedules after foreclosure proceedings have been commenced. You will be given a certain time period to bring the payments current, pay the costs of filing the foreclosure and stop the foreclosure.

No one expects to lose their house to foreclosure, but by understanding the foreclosure process and what may lead up to it, you can be in a better position to recognize and address potential problems that may impact your ability to make every mortgage payment on time.

Learn to recognize the warning signs of foreclosure. Know what early steps you can take to avoid foreclosure. If you are in the midst of a foreclosure, know the dos and don’ts. Know where to get help in dealing with issues that could lead to foreclosure. The time to develop a backup plan is not when things have gotten so bad that you are facing foreclosure, but when things are going well and you can prepare for the unexpected “what if’s” that happen in life.

Nearly four out of ten sub prime ARM loans are a month or more late, or in foreclosure. And sub prime ARMs account for 39% of the loans that fell into foreclosure during the quarter. Prime fixed-rate loans, which are considered very low risk, have also seen sharp increases in their delinquency and foreclosure rates, although they are performing far better than the riskier loans on the market.

There are 431,000 prime loans in foreclosure. This marks the sixth straight quarter in which a record percentage of loans went into foreclosure. Nearly half of the homes in foreclosure are concentrated in six states. Those four states have nearly 400,000 homes in foreclosure, or a third of the nationwide total. Ohio has about 61,000 homes in foreclosure, while Michigan has about 54,000. The rate of homes going into foreclosure in Ohio and Michigan was narrowly lower than it was in the fourth quarter, and 18 other states also saw a decline in that rate.

Both foreclosures and deficiency judgments could seriously affect your ability to qualify for credit in the future. So you should avoid foreclosure if at all possible.



By: Troy Foote

About the Author:

Foreclosed homes are regularly set on the market by the two major home lenders: government agencies and banks. Be they government foreclosures or bank foreclosures, what matters most is that they can be purchased at expenses lower than their real market value. This is why homebuyers or investors generally are in haste as soon as a reliable foreclosure opportunity is listed. After having investigated the real estate market and its potentialities, homebuyers must move quickly if they want to grasp this temporary chance. In what follows we will see some of the basics and advantages of opting either for government foreclosures or for bank foreclosures.

The most popular government agencies that frequently market foreclosure properties are as follows: 1) the U.S. Department of Housing and Urban Development (you are probably already familiar with HUD foreclosed homes); 2) the U.S. Department of Veteran Affairs (for the well-known VA foreclosures); 3) local agencies of taxation; 4) the Federal Deposit Insurance Corporation (FDIC – the department dealing with foreclosure sales); 5) the Internal Revenue Service (IRS – once again the segment dealing with foreclosures). However, the market of government foreclosures is led by HUD foreclosures and VA foreclosures.

In any case, the point is that with government foreclosures one of the above mentioned government agencies is holder of the property’s title. As a rule, they will place any foreclosed property at auction. The buyer’s advantages are basically drawn from bidding opportunities generated by auction circumstances: the potential buyer’s chance to set a limit for the house value, the certainty over the time interval spent to acquire a property, the possibility to evade prolonged negotiations with the former homeowner. As with any auction, government foreclosures are purchased if the bidder’s offer is appropriate. Also, your involvement in government foreclosures auctions needs to be mediated by a certified real estate agent who is regularly rewarded a 6% bonus for having successfully sold the property. The real estate agent’s indemnity is an additional figure to the sum you place as a bid.

To what concerns bank foreclosures, there are three major ways of purchasing such properties. One of them is in pre-foreclosures. In this case, you will need to act promptly, because there is actually very little time up until a property in a pre-foreclosed stage is transferred to foreclosure terms. So before properties actually become bank foreclosures, the active, smart homebuyer/investor – who has previously undergone a serious investigation of an area’s real estate market – will know to move in the direction of negotiating directly with the distressed homeowners. If pre-foreclosure attempts fail, the next step is an auction.

With bank foreclosures, the auction is required by the banks whose lends haven’t been acquitted on time. In such circumstances, the homebuyer/investor could try to overpass the bank’s bidding offers. Yes, the bank will also bid in such auctions, interested in stepping further along the process of profitably selling foreclosures. If the auction is won by the bank, the property becomes an REO (real estate owned) foreclosure property. This is the third way in which you could purchase bank foreclosures. When you are interested in REOs, you will negotiate directly with the bank. The main advantage of the potential homebuyer/home investor is that this is the most certain manner (and one of the fastest) of acquiring a foreclosed property. You will need to make an offer, but be careful: the offer should be commonsensical, don’t expect a bank to accept a discount of 50%, even if we are talking about foreclosures. Most often, you will get a 10%-20% lower price for an REO foreclosure.

In the end, the key toward purchasing foreclosures, no matter the entity selling them, is given by two stages: careful real estate market investigation and promptness in action when the time comes to place your offer. Remember that the market of foreclosures, no matter how advantageous, is highly competitive, since many homebuyers/investors are interested in it.



By: Amelie Mag

About the Author:

The North Carolina legislature has enacted new legislation to help homeowners with subprime loans avoid foreclosure.  If a homeowner with a subprime loan defaults on his loan, the lender is now required to send to the homeowner a Pre-Foreclosure Notice at least 45 days prior to filing the Notice of Foreclosure Hearing.  The Pre-Foreclosure Notice must include an itemization of all past due amounts and other charges that need to be paid in order to bring the loan current as well as a statement that the homeowner may have options available other than foreclosure.  In addition, the Notice must also include contact information for the lender, the North Carolina Office of Commissioner of Banks and other HUD approved foreclosure counseling agencies.

The intent is to give homeowners who have fallen behind on their mortgage notice before their house is actually in foreclosure that they may be facing foreclosure in the near future and that there are options available that may allow them to save their home and/or their credit score.

Fore more information about Charlotte foreclosure and foreclosure alternatives, please visit:  http://zellersrudd.com/areas_of_practice/foreclosure_alternative.aspx

Dan Zellers and Scott Rudd- Founding Partners

Dan Zellers, originally from Ohio, earned his undergraduate degree in finance and management from Defiance College and his law degree from the University of Toledo College of Law. He is a member of the North Carolina Bar, South Carolina Bar, Mecklenburg County Bar and the North Carolina Bar Association. His practice is focused on residential and commercial real estate, foreclosure alternatives, landlord-tenant laws and estate planning.

Scott Rudd, a North Carolina native, earned his undergraduate degree in accounting from Campbell University and his law degree from the Norman Adrian Wiggins School of Law at Campbell University. He is a member of the North Carolina Bar, Mecklenburg County Bar and the North Carolina Bar Association. His practice is focused on residential and commercial real estate, business formation and litigation, foreclosure alternatives and work with homeowners’ associations.

Prior to founding Zellers Rudd PLLC, Dan Zellers and Scott Rudd worked together in the real estate finance group of some of the top international law firms in the nation. They represented large national banks and servicers in multi-million dollar commercial property transactions as well as multi-billion dollar commercial loan securitizations. These transactions included the negotiation of large servicing contracts as well as conducting large commercial loan transactions, loan assumptions, defeasances, parcel releases, and other consent matters on large commercial properties located all across the nation. In addition, their work prior to that has afforded them extensive experience in all aspects of residential real estate and residential real estate transactions including loan closings, foreclosure, landlord-tenant law, work with homeowners’ associations, default judgments and private transactions.

 



By: Charlotte Foreclosure Attorney – Zellers Rudd

About the Author:

How much time do I have to move after my home has been sold at a foreclosure sale?

After the foreclosure sale there is a 10 day upset bid period before the sale becomes final. After that time has passed and there have been no upset bids the sale then becomes final. At that point the third party buyer, the lender, or the foreclosure trustee who purchases the property or represents the purchaser of the property at the foreclosure sale will then send you a letter, probably via certified mail, stating that you have 10 days to voluntarily vacate the home. Once the ten days period in the letter has expired the third party buyer or lender will apply to the Clerk of Superior Court for an Order for Possession. If the Clerk allows the Order for Possession that order will direct the sheriff to remove all occupants and their personal property from the premises within 7 days of receipt.

So, in general you really don’t have much time, this eviction process is much shorter than your typical landlord-tenant eviction. If you need a week or two to transition to another home or apartment contact the trustee or the buyer (contact the party that sends the ten day notice letter) and explain your situation. Most often they will give you a limited time to move you and your possessions from the residence. If you do not make the effort to contact them, they will more than likely move the application for an Order for Possession along as swiftly as possible.

For more information on foreclosure and foreclosure alternatives, please visit:  http://zellersrudd.com/areas_of_practice/charlotte_foreclosure_alternatives.aspx 



By: Charlotte Foreclosure Attorney – Zellers Rudd

About the Author: