How the foreclosure process works

A new report from the U.S. Treasury Department shows that Chicago ranks 3rd, behind Los Angeles and New York, of cities whose homeowners needed assistance from the Obama administration’s mortgage assistance program.  These are people who are going through loan modifications to be able to stay in their homes.

While that’s good news for those struggling to make payments, it just proves the amount of people who are still losing their homes to foreclosure on a daily basis.  I thought I’d give a quick overview on the 6 phases of a foreclosure, for those of you who know somebody going through it or might be going through it yourself.  This will give you a full understanding of how the process works.

1. Missing a payment.  This happens after the first missed mortgage payment.  Your lender will usually send a letter or statement indicating that they have not received the payment.  After two payments are missed, you will likely receive a demand letter.  At this point there’s still a good chance the lender will work with you on catching up with payments.

2. Notice of default.  After 3 months without a payment, the loan is transferred to the foreclosure department.  The notice will be recorded that money is owed and you’ll typically receive another 3 months to catch up and to make the payments.  This is known as the reinstatement period.

3. Notice of trustee’s sale.  So now it’s been 180 days, or 6 months, since the first payment was missed.  This gives you an idea of how long the foreclosure process takes from beginning to end.  At this point they’ll advertise the trustee’s sale in the county the home is located in.  You’ll see this notices in your local newspaper that includes the owner’s names, property address, and sale information.  The lender has to publish this information for three weeks prior to the sale date.

4. Trustee’s sale.  This is the actual sale.  The property is sold to the highest bidder who meets all the requirements.  The lender will determine what is a fair opening bid.  If sold at this sale, the home now belongs to that purchaser who can immediately take possession and evict the previous homeowners.

5. Real estate owned.  If the home was not sold at auction, the lender now owns the home.  They’ll most likely put it up for sale with a Realtor.  Most of the time, the current owners are already gone from the home.  Sometimes these homes will be in very poor shape, left that way by the previous owners.  Other times the bank will have paid money to make changes to make the home more attractive to new buyers.  If you’re looking to purchase a home and your Realtor tells you it’s an REO or real estate owned, you will now know what that means.

6. Eviction.  You can usually remain in the home until it’s either sold through the trustee’s sale or as an REO.  Once it’s been sold, the sheriff will come to evict anyone still in the house.  They can remove people and their belongings that are left in the home.  If you’ve left the home on your own and there are belongings still there, once the home is sold, those belongings will most likely get thrown out.  So be aware of that.

If you know that you are going to have trouble making payments, do your best to speak to the lender beforehand to try to work out an arrangement.  It’s worth talking about a temporary or permanent relocation.  There are even companies nowadays that can help speak to the lender on your behalf.  More information can be found in this MSN article. If you have any more questions, please leave me a comment or visit me online.