0
You have surpassed your redemption period for home foreclosure are there any legal means to retain the property?
Most states that have a redemption period after a foreclosure auction give homeowners extra time to stay in a property after the sale. The house is foreclosed on, then sold at a public auction, and then the homeowners have time afterwards in order to save the house, pay off the redemption amount, get a new loan, sell, or just save up money and move on. The eviction will not start until after the redemption has expired.
A small number of states (Illinois, for one) have a redemption period that lasts before the sheriff sale of the house. Once the foreclosure lawsuit has been completed and the bank granted a judgment, the homeowners will be able to use a period of time between the judgment and the sheriff sale to find a solution. This may be just a few weeks in some states to half a year in others, but if the owners are unable to pay back the loan, the house will be auctioned off.
Usually, when properties sell at the county sheriff sale, it is the foreclosing bank or a related bank that puts in the winning bid amount. From that point on, it will be this new owner that the homeowners would have to deal with in order to get the house back after the auction. In a very small number of cases, a third party individual or company will purchase the house, but the manner in dealing with this type of owner is not much different than if the bank buys the property back.
When the redemption period has expired on a property, the original owners have very few options left to save the house, and very little time in which to do it. Banks, while they may be willing to push back a sheriff sale or give homeowners an extra month to come up with missed payments, will not usually be open to extending the redemption period. Typically, the lender will begin with eviction process right away as soon as the homeowners have run out of time.
This should not come as much of a surprise to homeowners, however. After all, mortgage companies may have to wait up to a year for a redemption period to expire, which is time they would not have had to wait in other states to take the house back. When the lender can finally begin to pursue the eviction, they usually do so aggressively, understanding that if the foreclosure victims could not work out a solution in the preceding months, it is unlikely they will be able to do so with even more time after the redemption.
So, the main option that is left for homeowners is usually to purchase their property back from the bank. Now that the redemption has ended, the bank is the legal owner of the house and holds title. If the former owners wish to keep the property, they will have to find some way to get it back in their names and have the mortgage company transfer ownership back to them.
For homeowners with a lengthy redemption period who have the financial ability to save money every month, it may be possible to qualify for a mortgage after foreclosure within 6-12 months. A sizable down payment will be required, however, up to 35% of the purchase price. But people who were foreclosed on a year ago may be able to afford to buy back their former home at a substantially reduced price, due to declining property values nationwide.
Otherwise, the most effective way to stay in the property may be to have a friend or family member purchase the house and agree to lease it back to the owners. This investor can buy the house and keep it in his name, and then lease it to the foreclosure victims until their credit has recovered and they have saved up enough to qualify for an outright purchase.
Unfortunately, due to the entire foreclosure process and transfer of the property out of the names of the original owners, most options are unavailable after the redemption period. Banks will not accept forbearance agreements or modify the loan, and simply refinancing a home that is no longer owned by the original family is out of the question. For homeowners who want to save their house after the redemption has expired in their case, there is little to do other than attempt to purchase the property back from the lender.
What else can I help you with?
Can the prior owners of real property in Florida have a redemption period after the foreclosure sale of property?
No, Florida foreclosure law states that the homeowner has the right to redeem the property anytime BEFORE the day of the sale. After the Certificate of Sale has been issued, there is no right of redemption.
What is a redemption period?
The redemption period is the legal time period you have to redeem something that has been taken from you by operation of some law. For example, if your property is taken by your municipality for nonpayment of property taxes there is a period during which you can redeem the land by paying all your back taxes, interest and costs. In some cases there is a redemption period during which a property taken by foreclosure can be redeemed by paying all sums due including the costs of the foreclosure. Redemption periods may vary by jurisdiction. You need to check in your jurisdiction for the particular type of taking and its redemption period according to the laws in your jurisdiction. See related link for state by state information regarding foreclosure redemption periods.
What is the redemption period for Virginia State?
There is no redemption period for the state of Virginia. http://www.realtytrac.com/foreclosure-laws/Virginia-foreclosure-laws.asp
How long is right of redemption period in CA?
In California, the right of redemption period after a foreclosure sale is typically one year. This means that the homeowner has up to one year to reclaim the property by paying off the remaining mortgage balance and any additional costs incurred during the foreclosure process.
Who is considered an heir who has rights to redeem a foreclosed property?
If the person who lost the property by foreclosure died within the redemption period their heirs are those persons who would inherit their property in the absence of a will under the state laws of intestacy. You can check the laws in your state at the related question link.If the person who lost the property by foreclosure died within the redemption period their heirs are those persons who would inherit their property in the absence of a will under the state laws of intestacy. You can check the laws in your state at the related question link.If the person who lost the property by foreclosure died within the redemption period their heirs are those persons who would inherit their property in the absence of a will under the state laws of intestacy. You can check the laws in your state at the related question link.If the person who lost the property by foreclosure died within the redemption period their heirs are those persons who would inherit their property in the absence of a will under the state laws of intestacy. You can check the laws in your state at the related question link.
What states have the statutory right of redemption after foreclosure?
Several states have statutory rights of redemption after foreclosure, including Alabama, Connecticut, Delaware, Iowa, Minnesota, Mississippi, Missouri, Tennessee, and Wisconsin. These states allow homeowners a period of time after foreclosure to buy back their property by paying the outstanding mortgage debt.
When a property goes through foreclosure can borrower do a deed in lieu prior to the end date of the redemption period?
When a Property goes into Foreclosure and a Sheriff sale date is posted, or if after the Sheriff sale and is during the redemption period a "Deed in Lieu" is always a possibility. The Mortgage lender must agree to accept this. A"Deed in lieu" is the process in which an owner would be surrendering the title to the lender. Again the Mortgage/lender must agree to this act.
What is an equitable right of redemption?
In a mortgage foreclosure process, the time between the foreclosure filling date and the auction sale is called the "Equity of Redemption Period". Once the home has been sold, most States grant a time period such as six months for the defaulting owner to repay the debt and fees. This is referred to as the "Statutory Period of Redemption".
Can you file bankruptcy during the redemption period?
Yes, you can file for bankruptcy during the redemption period. The redemption period typically refers to the time frame after a foreclosure or repossession when a borrower can reclaim their property by paying off the debt. Filing for bankruptcy during this period may provide legal protection against creditor actions and could potentially allow you to keep your property, depending on the type of bankruptcy filed and the specifics of your situation. However, it's important to consult with a bankruptcy attorney to understand the implications and options available.
What is the difference between preclosure and foreclosure?
Be aware that a pre-foreclosure property is not necessarily for sale. The pre-foreclosure stage is the period between the time in which a Notice of Default (in non-judicial foreclosure) or lis pendens (in judicial foreclosure) has been issued to the homeowner and after the property is sold at a foreclosure auction.
How long is the redemption period for a foreclosed house in Minnesota?
You can find information about Minnesota foreclosure laws at the link below.
What is the redemption period for Kansas?
The Redemption period in Kansas is 3-12 months after the foreclosure, depending on the amount of money (as a percentage) that has been applied to the principal balance. To redeem and sell after the foreclosure, the borrower has to re- pay the amount of the highest bid at Sheriff's Sale-- in addition to applicable interest and other fees. Many times, that offers a nice opportunity for both sellers (to walk away with cash and salvage a bad situation) and buyers (to purchase under the market prior to the home becoming property of the bank).
