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Subject: Foreclosures
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AuthorMessages
trosalesUser is Offline

Posts:64


07/08/2008 4:10 PM Alert 
Posted By Cactus Rob on 07/08/2008 3:52 PM

Thanks, trosales.  Welcome to the Forum. 



No problem and thanks for the welcome!!

On a personal note, if anyone knows of a good poker home game (not at the casino) I would love to join in!

DaybyDayUser is Offline

Posts:288

07/08/2008 8:43 PM Alert 
How late do you have to be before a bank will start to foreclose on your house? It would seem that they would want to work with you rather than have a foreclosure happen. Just wondering because it seems like there are a lot of houses going towards foreclosure...
R/E AppraiserUser is Offline

Posts:46

07/08/2008 9:51 PM Alert 

DaybyDay

I am not a mortgage or foreclosure person, but here is a link for quick facts regarding Arizona Foreclosure Law.   http://www.foreclosurelaw.org/Arizona_Foreclosure_Law.htm

Basically (from working with lenders) it depends on the lender, the mortgage contract, the circumstances, and the communication to the lender by the property owner. 

In most cases the lender or mortgage service provider (who you send the mtg pymts to) will try to get the property owner current on payments if only 1 or 2 months behind.

If the situations gets to 3 months behind and the lender determines the property owner cannot or is unwilling to get current, or no other solution can be worked out or agreed upon (refi, restructure, pay off, etc), or lack of communication with the owner, they will foreclose.

During any time prior to the auction date the property owner can sell the property by means of a short sale.  However, the lender (or successor trustee) has to agree, and can accept or reject any short sale offer.  If it does not sell as a short sale, then it goes to auction.

Again it depends on the lender, amount of the mortgage, value of the property, property owner, and also if there is a 2nd lien holder or mortgage involved.

trosalesUser is Offline

Posts:64


07/08/2008 10:22 PM Alert 
Posted By DaybyDay on 07/08/2008 8:43 PM
How late do you have to be before a bank will start to foreclose on your house? It would seem that they would want to work with you rather than have a foreclosure happen. Just wondering because it seems like there are a lot of houses going towards foreclosure...



Just a quick point...  NOW the banks are working with people due to the amount of foreclosures which are there because banks weren't working with people. Go figure....

One of my favorite quotes: "Good judgment comes from experience. Experience comes from bad judgment" - Jim H.

RichTigUser is Offline

Posts:0

07/09/2008 7:18 AM Alert 

I have zero pity for people bought too big a house on some 'exotic mortgage'.  I hope you all get your houses foreclosed.  You people have to learn the lesson that you should live within your means.

 

I don't think the government or anyone else should bail you out as you got yourself into your this.  Unless they want to help all of the people who DIDN'T over extend themseves, like you morons.

 

Suck it up and welcome to renting.

Cactus RobUser is Offline

Posts:1041


07/09/2008 9:55 AM Alert 

RichTig ... Get with the program! 

In an "Entitlement Generation", borrowers are entitled to no-documentation, creative loans and lenders are entitled to make these stupid loans.  When the market goes south, borrowers and lenders are entitled to a government bailout and taxpayers are entitled to pay for it!  

See how easily situations like these can be worked out when everyone is entitled to something!   

RichTigUser is Offline

Posts:0

07/09/2008 10:59 AM Alert 

I feel so stupid for buying a house at a great price that I can afford with a fixed 30 yr mortgage.  How fiscally stupid of me!

I should have bought a 4100 sq ft house at interest only, then refi it and take out the imaginary value (squander that money on new cars or vacations) , so that I am upside down 200k.

Then beg the government for a handout because I was tricked by my lender.

Live and learn.

MarniUser is Offline

Posts:500


07/09/2008 11:01 AM Alert 

I have not read ahead. So, if foreclosed does one have wages garnished? What is the responsibility of the homeowner? Do they get to "just walk away?"

 

 


Vote NO on Prop 102
MarniUser is Offline

Posts:500


07/09/2008 11:02 AM Alert 

I feel so stupid for buying a house at a great price that I can afford with a fixed 30 yr mortgage. How fiscally stupid of me!

I should have bought a 4100 sq ft house at interest only, then refi it and take out the imaginary value (squander that money on new cars or vacations) , so that I am upside down 200k.

Then beg the government for a handout because I was tricked by my lender.

Live and learn.


Seriously. Sometimes I feel sooo stupid for being the "repsonsible" one!!!! We get pooped on. What is wrong with this picture? We should walk away from our small house... 30 year fixed rate loan!!!  Grrr.


Vote NO on Prop 102
R/E AppraiserUser is Offline

Posts:46

07/09/2008 11:19 AM Alert 
Posted By Marni on 07/09/2008 11:01 AM

I have not read ahead. So, if foreclosed does one have wages garnished? What is the responsibility of the homeowner? Do they get to "just walk away?"

 

A deficiency judgement may be obtained when a property in foreclosure is sold at a public sale for less than the loan amount that the underlying mortgage secures.  Lenders are prohibited by statute (33-729) from obtaining deficiency judgments in foreclosures where the land size is 2.5 acres or less and where the property was used as either a single one-family or single two-family dwelling.  Deficiency actions must be brought within 90 days of a power of sale foreclosure.  Any judgment is limited to the difference of the balanced owed and the fair market value of the property.  The lender can or may issue a 1099 for the differfence which has to be reported as ordinary income on your tax return.  However, IRS temporarily changed the rules for a limited time where the difference is not taxed  IF  the taxpayer meets certain requirements.

You can find out all you want to know about mortgages, foreclosures, deeds, liens, judgements, landlords, tenent rights, etc. here  -   http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=33

 

 

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