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Foreclosure

The process by which the holder of a mortgage sells a property after the debtor defaults on their loan for it

2,433 Questions

What are attached homes?

Attached homes, commonly called town houses, can be owned by their occupants rather than rented. They are similar in construction to some apartment rental complexes, but town houses are separated from adjoining units by a ground-to-roof wall.

How soon after a foreclosure notice can your personal property be taken from you?

Personal property is not an issue in foreclosure proceedings. Perhaps you are confused about the definition of such. PP would be household furnishings, clothing, jewery, and so forth.

As to the time limit when the persons living in the foreclosed residence, that often depends upon the terms of the mortgage agreement and/or state statutes where the property is located. In some cases it can be as little as 30 days from the time of the eviction service or as long as a year. The final eviction notice will contain the exact date the property is to be vacated. If the order is not followed an officer of the court (usually a sheriff deputy) will remove the occupants in whatever manner is required.

Are banks allowed to foreclose on houses?

Yes they are allowed too if they own the mortgage because in reality the house is owned by the bank until the principle is paid for. It is almost the same thing as renting or leasing except the house is in your name. In this case the bank is the landlord. Check this article about FDIC pays bank to foreclosed.

Is the State of Florida a Non recourse state?

If a mortgage is foreclosed in Florida, the lender may sue for any deficiencies between the amount of the loan still owed by the borrower and proceeds from the sale of the asset. This applies to mortgages, home equity loans, etc.

which is being Forclosed upon in the State of Florida, which I understand to be a Recourse State. Since the loans are Non Recourse so I 'm not protected against them comming after my assests for any deficiency, even though the state of Florida is a Recourse State?

Are real estate taxes paid in advance or arrears?

advance

Depends entirely on the jurisdiction. For example, different ones in CT use areears or advance. Call and find out.

How long do you have to own a home before you can sale it?

3-4 years

Another Answer

As soon as you have clear title to the house, even with a mortgage -- as soon as the purchase is closed -- you can sell the home.

Can you go into foreclosure if you default on your second mortgage?

Yes.

Your second mortgage is secured by your home, so if you default on payments, the lender has the right to foreclose.

Which 23 states need approval from judge to foreclose a home?

Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Nebraska, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Vermont and Wisconsin.

What are the purposes of the pittman-Robertson and dingell-Johnson acts?

The Federal Aid in Sport Fish Restoration Act, commonly referred to as the Dingle-Johnson Act, adopted by Congress on August 9, 1950, was modeled after the Pittman-Robertson Act, aimed at creating a similar program for the management, conservation, and restoration of fishery resources.

Funds to support the Federal Aid in Sport Fish Restoration programs are received from excise taxes on fishing equipment, fish finders, motorboat fuels, small engine fuels, and import duties. State agencies that sell fishing licenses are the only entities eligible to receive grant funds. Each state's share is based 60 percent on the number of it's licensed anglers (fishermen) and 40 percent on the size of it's land and water area.

Program funds are used by state fish and wildlife agencies for sport fish management, boating access, and aquatic education projects.

Who pays the tax lien in a foreclosure sale?

Caution: This is not legal advice and I am not a lawyer. This is general advice and there may be exceptions from state to state. I do, however, have extensive real estate experience.

The buyer of the property pays off any liens. This lien must be disclosed by the owner, otherwise, you cannot close on the home and the sale is null and void. If money has changed hands, all moneys must be returned. (although it is a royal mess that is very difficult to straighten out.)

You have applied loan modification with Bank of America and was denied three times do we still have a chance to get approve?

The amount of times you apply doesn't mean anything to the underwriter of the modification. He/She is looking for three things:

1) That you cannot pay your mortgage at the current rate according to your financial review

2) That you WOULD BE ABLE to pay ALL expenses if your mortgage payment was modified.

3) The reason you can no longer afford the house is due to an economic hardship (you've had a cut in pay, unemployed, etc)

Will it affect my credit if I short-sale a house that I own but do not have my name on the mortgage?

To conduct a short-sale transaction, the bank(s) holding the mortgage(s) have to agree to a short-sale. If your name is not on the Mortgage, technically you don't have a right to conduct a short sale.

Even if you "own" the house (which will be in question during the entire process), the holders of the Mortgage note(s), typically banks or finance companies, actually have primary ownership of the asset (the house).

If you are able to complete a short-sale, even though you are not on the mortgage note, as an owner the bank holding the note may ask you to take partial responsibility for the difference between sale price and mortgage value, or even to put in equity immediately to avoid a short sale situation. If this occurs, and you cannot pay, you will end up with a debt and a schedule to pay that debt. Adding any debt will negatively affect your credit score.

Is Ohio a non-recourse state for mortgage debt?

no....... the lender can go after you for up till 2 yrs after they sell the property.

Type of lien that takes first position in foreclosure?

Real property tax liens(s), followed by the holder of the oldest recorded lien.

Could a pending foreclosure cause a bank loan to be declined?

Yes, if one got the loan after foreclosure proceedings began.

When banks make credit decisions, they want to consider as much up-to-date information as possible. If a foreclosure is coming up but is not on the credit report, the bank may grant the loan. Once the foreclosure shows up on the report, the bank will conduct due diligence and see if they would have granted the loan knowing about the foreclosure. Most banks would not and will call the loan, making you responsible for paying immediately.

How many points does foreclosure drop your credit score?

R9 is the code for foreclosure and write-off as uncollectable for any credit account...this code in any credit profile will send a credit score down low, usually to the 600 level which is usually unacceptable for any further new loans....Word of advice, on any current accounts that you do have at that point in time, keep your payments current and depending on that companies relationship with you, you may be able to keep that account open (like a credit card). however, once a credit profile gets one R9 code, the computer that figures these scores will assign more higher numbers for scores at the earliest opportunity for any further delinquencies. a perfect score of accounts for all credit cards and mortgages, as well as any other accounts will show R1 across the board.

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