Understanding And Purchasing Distressed Property For Profit

According to the the latest Foreclosure Inventory Analysis showed nearly 1.5 million properties were currently in the foreclosure process or being held by banks as Real Estate Owned.

This was up 9 percent from the first quarter of 2012, but down significantly from the apex of foreclosure activity -- 2.2 million units -- in December 2010.

What Is Distressed Property?

"Distressed property" is a blanket term for homes in foreclosure, short sale or that are REO (Real Estate Owned).

Below are definitions of different types of distressed real estate, so that you can be familiar with the terms.

• Foreclosure: When a homeowner has defaulted on their mortgage for a specified period of time, the bank takes possession of the real estate.

• Short Sale: A homeowner facing foreclosure may request a short sale from their lender to sell the property for less than what is owed.

• REO: Real Estate Owned properties have gone through foreclosure and are held by the bank. This increases the possibility of purchasing these homes at a discount because maintaining an REO is costly for a lender.

All three scenarios offer opportunities for substantial savings, yet all include stipulations with regard to the contract and terms of purchase.

Special Requirements With Distressed Property Purchases

When you buy this type of property, you are dealing with a financial institution instead of a private seller, so it may take more time to get to the closing table.

Be prepared for a longer than normal communication cycle as there are often delays when working with the bank or mortgage lender to come to a decision on an acceptable offer and closing date.

Unfortunately, many distressed properties have more deferred maintenance and repair issues

If you are willing to take the chance and be patient, a distressed property could pay off in terms of a lower purchase price.

Additionally, most buyers of distressed properties see an increase in the value of their Seattle real estate within a short time of purchase.

In the end, it is strongly advised that buyers work with an experienced property expert when interested in distressed properties because of the additional paperwork and requirements to complete the transaction.

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4 Critical Tips When Purchasing Foreclosure Real Estate

Buying a foreclosed property in Renton and the surrounding area can be different than buying other types of real estate.

In many cases you will be able to get a fantastic deal on a home, but you will need to go through quite a bit of work and negotiation.

Here are four tips to help you navigate the foreclosure buying process:

Find the right real estate agent

The first thing to keep in mind is that your real estate broker will deal directly with the bank that owns the foreclosed property.

The bank has the final say in whether they'll accept your bid - so you want an agent who has developed a good relationship with them.

Know that cheap doesn't mean good value

Sometimes the tiny price tag on a foreclosed property can be very tempting, but make sure you are asking questions about the value and the potential expenses of the house.

Will it require extensive repairs?

Will you be able to find a tenant?

Does the property have potential for appreciation over time?

Perform a house inspection

If the previous owners were foreclosed on because they couldn't make their mortgage payments, it's possible they didn't have enough money to give the home the proper maintenance it needed.

Make sure you have the property inspected by a professional to spot any problems.

Take extra care if the house has been empty for a while, as there could be problems with plumbing, insects or mold.

Look for intentional damage

Keep in mind that many owners were forced out of their property by the bank, so they might have removed as many appliances, light fixtures and other items as they could which usually means the house is stripped bare.

The previous owners might have been angry and felt justified in damaging the property.

Make sure to do a thorough inspection to find out what appliances you'll need to buy and messes you'll need to clean up.

If you are considering buying a home in foreclosure, you could possibly get a great deal on a house with a lot of potential.

Make sure you follow these tips and contact your licensed and trusted real estate professional for more information about buying a foreclosed property.

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When Can You Buy Real Estate After Foreclosure?

If you lost your Renton home due to foreclosure, you probably haven't given up on the dream of owning a new home. The good news is that a number of guidelines have changed which may allow  you an opportunity to buy that new home sooner than you think.  

There are a few guidelines that lenders follow to determine when you’ll qualify for financing after foreclosure. Arming yourself with this information may help you qualify again for a mortgage.

Foreclosure With Extenuating Circumstances

Generally, lenders will take into consideration any extenuating circumstances surrounding the foreclosure on your WA real estate.

Was there a death or illness that prevented you from earning money to pay your mortgage? Did you have a job transfer that came with a steep pay cut? Were you severely injured and temporarily disabled as a result?

You can add a memo that explains any lapses in credit worthiness to potential lenders. This report can be as long or as short as needed.

Many lenders will shorten the waiting period for documented extenuating circumstances. Traditionally the waiting period after a foreclosure is seven years. However, these waiting period guidelines may change and you would be best served by getting up to date information from a qualified mortgage professional.

Deed-in-Lieu of Foreclosure and Short Sale

You may be wondering what the waiting period for financing is if you have exercised a deed-in-lieu of foreclosure or successfully negotiated a short sale. Fortunately many lenders offer options if you were able to avoid an actual foreclosure.

Traditionally the waiting period for a deed-in-lieu of foreclosure can be four to seven years. If there were special circumstances surrounding the deal, you might be able to qualify in as little as two years. The lender may have certain down payment or credit score requirements as a condition of approval.

Getting financing after a short sale generally has the shortest waiting time before qualifying for a new home loan. Generally the lender will only require a two-year waiting period before they'll approve financing. Once again, a call to a licensed mortgage professional will give you the most up-to-date information.

The good news about financing after foreclosure is that it is possible. Your dreams of owning a home can be fulfilled even if  you have experienced a foreclosure in your past.

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3 Ways To Purchase Foreclosed Properties

The process of buying a foreclosed home is slightly different from the process of buying a non-foreclosure home.  If you want to invest in Seattle foreclosures, therefore, it is important to understand the different ways by which to purchase a foreclosed home.

There are three main ways to buy a foreclosed home.

Buying before the auction
Some delinquent homeowners may want to sell their homes before facing an actual foreclosure.In this instance, the homeowner, in agreement with the lender, agrees to sell the home for less than the amount owed on the mortgage.This is called a short sale. Short sales are "pre-foreclosures", of sorts. By broadening your home search to include short sales, you can identify homes that may be sold at a discount.

Buying at the auction
Another way by which you can invest in foreclosure homes is by buying the home at auction. From area to area, the legal requirements for the sale of a foreclosed home at auction may differ. If you plan to buy at auction, you'll want to be familiar with your area's customary judicial proceedings.

Buying after the auction
Buying after the auction means buying bank-owned properties. This can be the most lucrative and safest means of investing foreclosure properties. This is because lenders often reduce the sales prices of their home inventory in order to "sell it quickly". It can be expensive for banks to own foreclosed homes, and few banks are equipped for managing owned homes. Check with your local real estate agent to see what, if any, bank-owned homes are available for sale in your area.

The process of buying a distressed home is different from the process of buying a "traditional" one. Therefore, regardless of which path you follow to buy a foreclosed property, have an experienced real estate professional on your team.

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Short Sales Outnumber Foreclosure Sales For Third Straight Quarter

Foreclosure-tracker RealtyTrac reports falling foreclosure sales nationwide as banks get better at selling homes via short sale.

In its Q3 2012 report, RealtyTrac says that 193,059 homes in some stage of foreclosure were sold, accounting for 19% of all residential home sales. In addition, pre-foreclosure sales -- also known as "short sales" -- climbed 22% on a year-over-year basis.

For the first time since 2007, the number of short sales outnumbered the number of homes sold in foreclosure over three consecutive quarters.

The average price of a short sale home fell by 5 percent as compared to a year ago which may reflect an eagerness on the part of mortgage lenders to dispose of distressed properties before they fall into foreclosure. Foreclosures can increase a lender's losses, and foreclosed properties be expensive to manage.

Compare the average Q3 2012 sale price of a home in short sale versus one in foreclosure :

• Average sale price of a residential property in short sale : $191,025
• Average sale price of a residential property in foreclosure : $161,954

It's not just the higher home sale prices that have pushing banks to settle on short sales, either. Short sales are less costly, too. Foreclosing on a home requires banks to pay court costs, among other fees, and which positions the short sale outcome as a clear winner for many banks. 

For homebuyers in WA , the banking industry's shift toward short sales is welcome news.

Buying a short sale has been a notoriously slow process with a lack of defined timeline. As banks improve their distressed sales division, they're getting faster and more efficient. This makes it "easier" for a buyer to buy a home in short sale.

However, don't buy a short sale without the help of an experienced, licensed real estate professional.

The negotiation process is different for a short sale than with a "traditional" home purchase. Time lines are different, responsibilities are different, and purchase contract language may be different, too. The same is true for buying a foreclosure.

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Millionaire Buys All Foreclosed Properties At County Auction

Saw this story and had to chuckle. An investor bought all 650 properties up for auction in a Detroit suburb recently. He made an offer to buy all of them as a package deal for $4.8 million - the total of the minimum bids of each one. Other investors are pissed, obviously.

This houses were all foreclosed on because of delinquent property taxes and the minimum bid amount represented the amount of taxes owed. I understand the ire of the other investors, but I do think the tax collector running the auction has a point. He says "I have to collect the taxes and that's what I did." He also points out that, while some of the properties are in good condition, some are not. Had the properties sold individually, those in poor condition likely would not have sold at all.

But the part that made me chuckle was near the beginning of the article: "Bill McMachen told Fox News 2 this is his first foray into the real estate business."

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New California Foreclosure Law

Because all my hard money lending is done in California and to people who buy, rehab, and sell foreclosures, this news story caught my eye. The California legislature recently passed a law making it harder to banks to foreclose on property owners. According to Reuters, the bill prohibits banks from "dual-tracking" loans - proceeding with the foreclosure process while also in loan modification negotiations with the owners. The bill also lawsuits against robo-signing. The bill still has to be signed by the governor before it becomes law, but he is expected to sign it.

On the surface, this law sounds good to me. I will freely admit the first I heard about it was from the above linked article and the facts in that article are the extent of my knowledge of it. I do think robo-signing is a big problem. When your actiosn can result in people losing their home and being forced out onto the streets, you need to have someone carefully look over the documents before foreclosing. This just stands to reason. As to the prohibition against dual-tracking, I'm OK with that as well. Yes, it may result in longer times to foreclose on a property. But if a borrower is in talks with a bank to modify their loan, I think they would reasonably conclude that the bank would pause foreclosure proceedings while they are attempting to work out a settlement. Further, without this restriction, the bank has a huge advantage at negotiating - they would be able to drag out the talks until foreclosure was a day away, leaving the borrower with no choice but to either accept the terms the bank offered or lose his or her house.

How will this affect my lending? I expect to see a slowdown in houses for sale at auction for the 6 or so months after this bill becomes law. This will represent the time banks have to wait while they attempt to reach a loan modification deal before proceeding. There is nothing in this law, to my knowledge, that requires the banks change what loan modification terms they must accept, so they will still be reaching the same decision on modifying loans or not, resulting in about the same number of houses going to foreclosure. There will just be a delay lasting the length of those negotiations.

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Tampa Real Estate Market on the Move: February Update

Every once in a while we like to examine data compiled from Trulia about the local Tampa Bay real estate market. Real Estate Facts: Tampa has seen a 6.1% increase in median home sale prices from November 2011 to January 2012 compared to this time last year. Also increasing is the price per square foot in Tampa which is up 19.3% from this time last year. High demand and popular communities that are seeing more activity than others are Tampa Palms, Bayshore Beautiful, Old Seminole Heights, Hunters Green, and Ballast Point. Increases are nice to see in areas such as the ones listed above, but declining numbers also show signs of a rebound in some aspects. Research done by CoreLogic shows that foreclosures decreased by 8.4% in 2011. More stringent credit conditions helped these numbers drop as much as they have. Additionally, there is more caution being shown by lenders who have been scrutinized in recent years for the way loans and foreclosures were handled in the previous years. Banks are lending a hand in these decreasing foreclosure numbers by enabling borrowers to modify home loans more frequently, expediting short sale processes, and liquidating bank owned assets at fire sale prices. Clear Capital released a recent report stating that Florida will experience a bounce back this year as well. At one point Hillsborough County’s supply of unsold homes was cited at 25 months worth of inventory. With the increasing number of short sales and the declining number of foreclosures, this inventory has dropped to only 6 month’s of real estate inventory. They also predicted Tampa, Florida would be in the middle of the housing rebound nationally with a 7.4% increase in home sale price. Other Florida cities such as Orlando, Miami, and Jacksonville also top the national list of areas expected to see such increases. If you or anyone you know wants to further examine these real estate trends, kindly contact SI Real Estate today to learn out how we can make your real estate goals your reality. In this very long and forever memorable real estate correction, we are now well past the bottom of the market. And, if you strike now while the iron is hot, you can be one of many who derive benefit from solid information and the shift in the market. SI Real Estate: Your Tampa Source for Real Estate Updates, Trends and News.

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Call us to Avoid Foreclosure

Avoid Foreclosure Do You Owe More Than Your Home Is Worth? Recent Federal Regulations Give You Choices. Are you experiencing: Financial Hardship? Shortfall in Monthly Income? Insolvency? You May Now Have A Better Way Out. Explore the option of a short sale for your property Avoid foreclosure Save your credit and years of unnecessary hardship A qualified short sale agent will analyze your information and situation, and will explain your options available to you under recent changes to Federal guidelines and regulations. Avoid Foreclosure: First Name * : Email * : Phone : xxx-xxx-xxxx   Are you experiencing:  Financial Hardship?  Shortfall in Monthly Income?  Insolvency?

© 2011 Broker Online Services Gary McNinch, Keller Williams Realty SES Renton, Renton Seattle, WA, 206-696-2329

Licensed in:WA License #2365

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Foreclosure Rate Drops For The 12th Straight Month

Foreclosure activity continues to slow throughout the United States.

According to data from RealtyTrac, a national foreclosure-tracking firm, the number of foreclosure filings dipped below 215,000 in September 2011, a 6 percent decrease from August.

A "foreclosure filing" is defined as any foreclosure-related action including Notice of Default, Scheduled Auction, or Bank Repossession.

September marks the 12th straight month in which foreclosure filings fell year-over-year.

There are several reasons why foreclosure filings are down, including an increase in the amount of time it takes banks to move a foreclosure through its pipeline. It now takes a nationwide average of 336 days from the date of initial default notice to bank repossession.

Some states work quicker than others, however, because of a combination of state law and personnel.

Homes in New York take an average of 986 days to foreclose, for example, the longest in the country. Homes in Texas foreclose the quickest, registering just 86 days.

As in prior months, bank repossessions remain concentrated by state. Just 6 states accounted for half of the country's REO last month:

• California : 16.6 percent
• Georgia : 8.5 percent
• Florida : 8.3 percent
• Texas : 6.2 percent
• Michigan : 6.1 percent
• Illinois : 5.2 percent

Collectively, these 6 states represent just 36 percent of the nation's population.

By contrast, the bottom 6 states were home to just 192 repossessions last month -- 0.3% of the national total. Those 6 states were Alaska, Wyoming, District of Columbia, North Dakota, South Dakota, and Vermont.

For home buyers in Seattle , shopping for foreclosed properties can be an excellent way to get "a deal". Foreclosed homes typically sell at discounts as compared to "non-foreclosed" homes, but are often sold "as-is". This means that homes listed for sale may be defective or out-of-code.

Before placing a bid on a foreclosed home, make sure that you're represented by an experienced real estate professional. 

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Foreclosures Sink To 4-Year Low

Foreclosure activity continues to slow.

According to RealtyTrac, a national foreclosure-tracking firm, the number of foreclosure filings nationwide fell 35 percent as compared to July 2010, a statistic suggesting that the housing market continues to improve.

"Foreclosure filing" is a catch-all term encompassing default notices, scheduled auctions, and bank repossessions.

Filings fell to a 44-month low in July 2011.

For all the improvement, though, activity remains concentrated in just a few states. More than half of all bank repossessions last month occurred in just a handful of states.

In July, 6 states accounted for 52% of activity.

1. California : 19% of all repossessions
2. Georgia : 8% of all repossessions
3. Florida : 7% of all repossessions
4. Texas : 6% of all repossessions
5. Michigan : 6% of all repossessions
6. Arizona : 6% of all repossessions

At the other end of the spectrum is Vermont. With just 11 repossessions for all of July, Vermont accounted for 0.016% of repossessions nationwide.

Distressed homes are in high demand with today's home buyers. According to the National Association of REALTORS®, they account for 30% of all home resales. That's no surprise, either.

Distressed homes typically sell at 20 percent discounts as compared to non-distressed ones.

But, if buying a foreclosure is in your agenda, be sure to do your homework. Buying bank-owned homes is different from buying from "people". The contracts are different, the negotiations are different, and the homes are sometimes sold with defects.

If you plan to purchase a foreclosure in Renton , therefore, be sure to speak with a licensed real estate agent first. There's plenty of available information online but when it's time to buy, have an experienced agent on your side.

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Real Estate Trends | Spring has Sprung

As the flowers and trees start to blossom, there is another change in the air. With drops in foreclosure filings and a rise in the buying market, could Spring bring a new season for real estate?


According to an article published by Housing Wire, Housing starts rise 7.2 % in March 2011. This is after a long decline of months. The data is collected from Department of Commerce, U.S. Census Bureau, and the Department of Housing and Urban Development every month to compare to previous months and previous years. March reached the highest peak in 16 months.

Another noteworthy statistic to highlight is that RE/MAX National Housing reported that, “Home sales jumped more than 10% in 53 of the 54 metros tracked by RE/MAX between February and March”. This is a huge accomplishment in such a harsh season of retail. In this article it also quotes Freddie Mac in projecting that annual sales this year will be up a total of 5%. Another important thing that Freddie Mac monitors is foreclosure prevention measures and Foreclosure cases. They reported to the Federal Housing Finance Agency that preventions dropped for the fifth straight month in a row and that Foreclosure starts are down 91,000 since last month and 71,000 down from this month last year.

Here in Tampa Bay, we are seeing similar real estate trends. The St. Petersburg Times released an article this week stating, “Sales of previously occupied homes in Pasco, Pinellas and Hillsborough counties jumped nearly 32 percent, from 3,258 in February to 4,296 in March.” That is a spike we haven’t seen in about five years locally. Mark Vitner, senior economist for Wells Fargo stated, “"It's a further indicator that the worst may be over. The bay area economy is modestly improving." In Hillsborough County alone, there was a 33% jump in sales from the previous month.

All of these numbers might be overwhelming at first but they are a huge boost in confidence that the Real Estate Market has strong momentum. Spring is always a high home buying season and this year let’s hope that it really moves the real estate market forward. Confidence in the market is building. SI Real Estate sees new progress every day. If you would like to list your property for sale or start looking to purchase a new home call us today at (813)631-1806 or email us at Yourhome@SIRealEstateInvestments.com.

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Tampa Real Estate Trends for Buyers/Sellers

The Real estate market is still changing. Homes are selling every day however, buyers have changed their expectations. Keeping you informed on what to expect when buying or selling a property in today’s market.


1. Buyers are opting for smaller homes

Constraints on housing market really have made buyers reevaluate what is necessary in their next home purchase. A study conducted by the National Association of Home Builders (NAHB) reveals that homes are expected to be ten percent smaller in the next couple of years. “To save on square footage, the living room is high on the endangered list-52 percent of builders expect it to merge with other spaces in the home by 2015 and 30 percent said it would vanish entirely.”

2. Heavy influence on purchase decisions can be swayed in favor of green and eco friendly properties

The NAHB reports that not only floor plans are changing. “68 percent of builders are including green and eco-friendly features by 2015. This includes low-E windows, engineered wood beams, water-efficient feature and energy star rating throughout.”

3. Curb Appeal is still very influential in the buyers’ willingness to buy their new home

The National Association of Realtors reports, “49 percent of buying decisions are based on curb appeal” in a normal market. Even in times of foreclosures and short sales, buyers judge whether to view a property or not by the curb appeal. Curb appeal doesn’t just affect the property being sold either; a buyer looks at the neighborhood as a whole. Improving curb appeal can be as simple as removing some weeds, retouching paint, or simply asking a neighbor to straighten their yard if you are on good terms. It may make the difference in whether you get a buyers attention or they move on the next real estate listing.

It is important as a buyer, seller, relocation, or investor to know what trends affect your real estate decision. To get in contact with a real estate expert in Tampa, Florida call SI Real Estate at (813)631-5144 or email us at YourHome@SIRealEstateInvestments.com.

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Real Life Real Estate...New Construction vs. Foreclosure

A hot topic for potential homebuyers is, should I look Foreclosures, existing older homes, or New Construction? The hype lately seems to be on Short sales and Foreclosures. Bank owned properties are being snatched up by cash investors and we hear of bidding wars everyday in Tampa over bank owned properties. Investors have money to spend, and no desire to occupy the property personally, they can fix any issues that arise with no problems. It is very enticing for a buyer to see large discounts foreclosed and short sales but what else does a buyer need to consider when deciding on purchasing a home?


SI Real Estate has helped three clients purchase a new Construction home in the last two weeks. What made these buyers decide purchasing a new home was better than foreclosure and existing home options? There is a great website being advertised by Lennar homes, “Buying a New Home vs. a Foreclosed Home”. This website highlights advantages of purchasing new construction. Buyers need to consider all pros and cons of new homes vs. distressed properties before enduring the long process of locating an acceptable Foreclosed home or short sale, and hoping for the best.

Advantages of New Construction

• Affordability- Builder Incentives, Lower prices, and energy efficiency

• Timing- Immediate Occupancy or a set time frame you decide upon

• Customization- You can add the features you want before moving in and all of it is included in price of home.

• Warranties- Any credible builder will provide guarantees or warranties on labor, materials ad structural repairs so buyers can remain worry free.

Foreclosure Information

Florida and Tampa have both been affected by large amounts of Foreclosures for many months. It has impacted the entire real estate market. This could be starting to change however, according to Florida Trend, "For the second month in a row, no Florida cities posted foreclosure rates in the top 20 among U.S. metropolitan areas with a population of 200,000 or more," This is more important once you compare that statistic to projections in 2010 which names 9 metro areas in Florida in the top 20 foreclosures in the country.

There are advantages for certain buyers of short sales and bank owned properties. For instance, for investors with enough cash to purchase and repair the property, a bank owned property could be the best option. All buyers should consider the following precautions when considering Foreclosed properties and short sales. Distressed properties can be very difficult to find financing for. This is not an issue for cash investor and that is why they are collecting so many bank owned properties right now. Another factor to consider is timing, time frames on response and closings can vary greatly for each deal, extremes range from two weeks to two years. Finally, the most important detail to consider in any real estate purchase is knowing the condition of the property. Most foreclosed properties are bought with the understanding there will be no repairs, warranties, or guarantee of their condition.

Buying any property is a big decision, talk to an expert in the area you are considering the purchase. SI Real Estate can help you with all your real estate needs including new and existing homes, and bank owned and short sale properties in the Tampa Bay area. Please call our office at (813)631-5144 or email us at YourHome@SIRealEstateInvestments.com.

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Common Sense Prevails

Last Friday, the Massachusetts Supreme Court ruled that two banks did not have the right to seize homes from two parties because they could not prove the banks owned the mortgage at the time of foreclosure. While this will undoubtedly slow down the foreclosure process and reduce the inventory of properties for investors who make money off foreclosed homes (of which I am one), I have to applaud this decision. It seems like a pretty basic idea to me - in order to foreclosure on a home, you must be able to show proof you are the mortgage holder.

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Man Stands On Principles, Dares Bank To Foreclose, And Wins

I wrote last month about a guy who was willing to let his bank foreclosure on his house over $25 in fees the bank erroneously charged him and refused to reverse. Turns out the bank blinked and has agreed to the man's (entirely reasonable) demands and has canceled the foreclosure four days before the auction. Nice to see someone at the bank has some common sense.

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Now this takes some guts (or lack of brains)

This guy is letting his house go into foreclosure because his bank erroneously charged him a $25 fee and refused to refund it. If he can buy his house back at auction for less than what he owes, he'll come out ahead.

Not sure if he fully understands what he's doing though. He seems to think that at the foreclosure, it will automatically become owned by the bank and then he can buy it back as a REO property. Does he not realize that when it is at auction, anyone can buy it? It only becomes an REO if no one buys it at auction. And if he intends to buy it himself at auction, does he realize that when you buy a house at auction, you need to pay for it in full?

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GMAC Finance Halting Foreclosures **Updated*

If you are a foreclosure investor, you might want to start paying attention to what company is doing the foreclosure on any property you are interested in. We've all seen the reports about mortgage companies foreclosing on the wrong property. Apparently, this is something of an epidemic at GMAC Mortgage, as they told their employees yesterday to immediately halt all foreclosure proceedings in 23 states. They are also halting the sales of all properties they have already foreclosed on and extending the closing date by 30 days. They are allowing buyers already under contract to cancel and get their deposit back, should they want.

Update: Another story says the reason for the freeze by GMAC is that GMAC employees signed about 10,000 "affidavits and other foreclosure documents a month without verifying their accuracy." The Florida Attorney General is investigating the filing of fraudulent documents to the courts.

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Time Is Of The Essence

Saw this article today about a couple in California that bought a house at a foreclosure auction. They thought they had a great deal, but it turns out they actually bought the worthless second mortgage, not the first. A few months after the auction, they received another foreclosure notice, this time for the first mortgage. As you know, the first mortgage has seniority, so the couple was pretty much screwed. At the auction for the first mortgage, no one placed any bids, so the property went back to the lender and the couple was able to work out a deal to keep their house. Unfortunately, their daughter and her fiancée, whom the house the purchase for, have decided to move out of state, so they won’t be living in the house after all.

There are a couple of interesting points in this story. This took place in California, where there are some peculiar laws. Apparently, it is easier for a second mortgage to foreclose than a first, which is why the bank proceeded the way it did. It sounds like the buying couple did do some basic research – they saw the recorded docs for the two loans, but since they were recorded on the same day, they thought they were the same loan. That’s where they made their mistake. There are a couple warning signs they should have seen. First, check out the loan amounts as stated in the recorded documents. They should have seen they were different. They should have also seen that the loan that was doing the foreclosing was the lesser amount, which should have tipped them off that it was a second mortgage, not a first. Second, they should have looked further than the date. I know, at least in Arizona, documents are recorded not only with a date, but also a time. I would imagine California does the same. If two documents are recorded on the same day, check the time to see which was recorded first. Personally, a friend of mine encountered a similar situation here in Arizona. He was buying a foreclosed property and someone else was trying to save it from foreclosure. It came down to the time each party recorded their document. My friend’s document was recorded about 15 minutes sooner, so he got the property.

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