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The Foreclosure Process

Understanding the Foreclosure Process


Foreclosure properties can be a terrific investment and give home buyers a much more affordable option than purchasing properties in the traditional manner. But, before you jump in...Get educated!

Due to the sub prime mortgage challenges and the difficulties this has caused both individuals and businesses, we here in the tri city area have also been affected. The homes in St. Charles Geneva and Batavia Illinois and the surrounding areas have all taken a hit!

As in all cases in business, when many fail, few prosper. Today, the people or investors who have the means to buy today will prosper due to the widespread down turn in values in the tri city home market.

So where do you start the foreclosure process in Kane county? 

You need to first realize that buying a foreclosure is not like buying through a real estate agent or a FSBO. You need to know what you are doing when it comes to navigating your way through the process and making sure you do as much research on the overall foreclosure process as well as the property you’re focusing on.

For people willing to put their time into learning this market, foreclosures offer some great opportunities.

Web-based web sites can help investors and homebuyers tap into this previously hidden market by providing access to foreclosure and pre-foreclosure information typically available only to professional real estate brokers and investors.
Today, anyone can use these services to identify and research potential properties, as well as to find the tools and professional resources they need to help them close the deal. This said, you still need to understand the terms, numbers and risks.

Even seasoned real estate investors have something to learn when it comes to approaching the foreclosure market. It’s important to go in with the appropriate knowledge. I strongly advise going to several auctions (held weekly in Kane county at the court house). This is the last step in the foreclosure process.

So what happens first?

Buyers must first understand the difference between the varying types of foreclosure properties. It’s important to review the basic types of properties, each representing a different stage in the foreclosure process.

Pre-foreclosure Properties
A property enters pre-foreclosure after a default notice is filed by the foreclosing lender against the borrower who owns the property. The different notices that are filed during pre-foreclosure include Notice of Default (NOD), Lis Pendens (LIS), Notice of Trustee Sale (NTS) and Notice of Foreclosure Sale (NFS). For most consumers, buying a pre-foreclosure property from a private homeowner is the most favorable of options. This is a best-case scenario because the seller is able to get out from under a mortgage without destroying his or her credit rating(but this is a case by case basis). The lender can save the time and expense of foreclosing on the property, and the buyer gets a below-market price on a home. In addition, buying at this stage of the process allows you, the buyer, a chance to fully evaluate the property before making an offer. At a foreclosure sale, it is unlikely you ever have the opportunity to do inspections or even view the property.
 
The disadvantages associated with purchasing a property during the pre-foreclosure stage are few, but worth mentioning. As with any major purchase, negotiations between the buyer and seller can be difficult, especially since the seller would typically prefer not to have to sell the property in the first place. Secondly, transactions are time-sensitive, since there is pressure to complete a sale before the property goes to auction. While in this stage you may find the current owner owes too much on the property, this is where a possible "short sale" opportunity exists. A short sale situation is where the lender will take less for the property than is owed on it just to get the bad loan off of their books.

Auction Sales
Foreclosure auction sales are typically the domain of the professional investor. These properties are formally in default, and sold to the highest bidder at an auction. In Kane county buyers are required to be physically present at the auction and must be prepared to pay 10% of the judgment amount with certified funds and pay the remaining 90% within 24 hours. So much for traditional financing.
It is my recommendation that any person interested in this market, start with the pre-foreclosure process and get your feet wet in a still relatively safe buying process (always use a proven real estate attorney).

Though foreclosure auctions can offer significant savings as well as immediate property ownership, they are not for the uninformed! Unless the buyer is already familiar with a particular property, there is usually little time to examine it. And, the buyer will be competing against professional investors—and sometimes even the lender—at the auction.

Real-Estate-Owned Properties
Once the lender reclaims a home through the foreclosure process, it is classified as Real Estate Owned by the lender (REO). While REO properties typically offer more time for evaluation and a more standard bank-managed transaction, their prices are usually very close to full retail market value. Therefore, they offer buyers the lowest potential savings.

It’s definitely possible to find great deals in the foreclosures market. You just need to know where to look and be able to differentiate exactly what you’re looking at. With an understanding of the pros and cons of buying at each stage of the process.

For more information visit the Kane County Sheriff Foreclosure Auction site.

Please contact Joe at 630-747-8709 or contact us via our contact form.  Thank you!
 
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