This is a simplified overview of the foreclosure process in Miami-Dade County.  I am not talking statistics here, just the process itself.  I am asked about this a lot by folks who want to get into this "easy money" so here it is:

  • A homeowner gets into trouble and falls behind on their mortgage payments.
  • The bank will usually start the foreclosure proceedings after 3 missed payments.
  • The process is started by the filing of a Lis Pendens by the bank's attorney.  If you go to the County Clerk's website you can see the Lis Pendens which have been filed.  This tells you who has had a foreclosure process started against them.  It is at this point that some foreclosure courses tell you to step in, before the property is actually sold at auction.  This is difficult to do as most folks who are being threatened with a foreclosure are not very agreeable to discussing their options with a "vulture investor." 
  • Between a Lis Pendens and the actual auction of the property many months can pass, sometimes a year or more, depending on what the homeowner's attorney is doing.  Hopefully they have an attorney helping them.  I would say the average time though is about 6 months.
  • Auctions take place several times a week in the same room of the county courthouse.  There are the "regulars" there who attend every auction.  Even for someone as myself (who is not a "regular") this was easy to spot.  They all know each other's names, talk too much even though the auctioneer is threatening to cancel the sale due to the noise, etc.  Some bring little folding chairs as it's usually SRO here.  It gets funny at times.
  • Auctions really do start at $100.  BUT WAIT!  Don't get your wallet out yet.  They start auctioning at $100.  The bank's representative is there and they are bidding on the property also.  The reason for this is obvious.  If a house is worth $300K and the loan amount is $240K the bank wants to make sure it does not sell to anyone for less than the loan amount (plus legal fees).  I noticed the regulars would ask the bank rep at what point they would "bow out" of the bidding.  They did this to save precious time.  Who wants to be bidding back and forth for 20 minutes when the bank won't stop until they reach a certain amount anyway?  The rep answers their question and the folks who are prepared to bid that much step in and continue the bidding.  The bank stops bidding at this point. 
  • On those rare ocassions when a property does sell for $100 it is only for this reason:  the property is not desired by any of the investors there (it may have been vandalized so much that the money required to bring it up to 'snuff does not suit their budget) so nobody bids on it.  The auction starts at $100.  The only party bidding is the bank, who buys it at $100 and , thus, saves on the doc stamps (a tax required on every home sold auction or not and it is based on the sales price).  So you see, the only $100 homes are being bought by banks to save on doc stamps.
  • I've noticed that most foreclosed properties in this county sell for about 80-90% of their fair market value.  While this is a savings, all properties will need some repairs and further legal fees so that cuts into potential profits.  Plus, read the next one...
  • A 10% deposit is required upon winning the bid.  The remaining 90% needs to be paid in cash (bank draft, cashier's check, etc.) by 3PM that day.  There is no financing these deals.  This one requirement rules out anyone but the heavy hitters from bidding.  I'm not a heavy hitter =)  I've never bid at a foreclosure sale.  This requirement varies around the country.  I've heard of places that do give you 30 days to come up with the rest of the money.  No such grace period here in Miami though.
  • When you buy a foreclosed property, you buy it with whatever liens may have been placed on the property.  It is crucial to do your homework and contact an attorney for specifics.  The best advice I can give is caveat emptor - let the buyer beware indeed!

 

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Maggie Dokic is a licensed real estate broker in the state of Florida selling residential real estate in Miami, Palmetto Bay, Pinecrest, Coral Gables, Gables by the Sea, High Pines and the Redland.

For more information on our local real estate market, or to see or sell a home in Miami, Palmetto Bay, Pinecrest, Coral Gables or the Redland, visit my Miami Real Estate blog or contact me at Maggie (at) TheBlogThatAteMiami (dot) com.

The opinions expressed herein, are those of the author, and not necessarily of Prudential Florida Realty.

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7 Comments on Miami-Dade Foreclosures - or buy a house at only pennies on the dollar, yeah RIGHT

SEP
25
2007
225,354 Points 41 Featured Posts Outside Blog

Commentary from the Miami-Dade public is always welcome.

4:24am • #2
FEB
16
2008

When is the next tax foreclosure auction in miami-dade county?  Is there a published list that I can get on a regular basis?

Isabel Vizcon
6:48am • #3
FEB
20
2008
225,354 Points 41 Featured Posts Outside Blog

Isabel, both tax sales as well as regular foreclosures are posted on the Clerk of Court's page of the Miami-Dade County official website.  www.MiamiDade.gov

You can get all the information there.  Look for the Clerk of Court link.  Please keep in mind that there are people who sell lists they put together but they are very pricey and they do not give you any information you can not find on your own at the County website. 

Foreclosures in Miami-Dade County have to be paid in full the day you buy them.  Caveat emptor is the rule of the day.  You buy them with any and all liens they may have on them.  Foreclosures are not for the faint of heart.  Good luck to you. 

10:07am • #4
JUN
22
2008

Are there properties that don't get sold at the auction? If so, what would be the chances? And, what would happen to that property not sold? What I believe happens is that it returns to the original lender, and it would be easier to strike a deal with the lender than the previous owners.

JoAnn
9:19am • #5
JUN
26
2008
225,354 Points 41 Featured Posts Outside Blog

JoAnn, as I mentioned above, yes, there are properties that do not sell at auction.  Technically, they do sell, but to the original lender.  Here's what I wrote above:

"On those rare ocassions when a property does sell for $100 it is only for this reason: the property is not desired by any of the investors there (it may have been vandalized so much that the money required to bring it up to 'snuff does not suit their budget) so nobody bids on it. The auction starts at $100. The only party bidding is the bank, who buys it at $100 and , thus, saves on the doc stamps (a tax required on every home sold auction or not and it is based on the sales price). So you see, the only $100 homes are being bought by banks to save on doc stamps."

Striking a deal with a lender after a property has been auctioned is almost impossible.  In most cases, they have a definite system in place to deal with bank-owned properties.  They have real estate brokers throughout the country in place just waiting to get the next bank-owned property (REO) assigned to them.  I have some REO listings right now.  They price aggressively in today's market and it's working.  Most bank-owned listings are getting multiple offers even in this buyer's market.

 

5:57pm • #6
JUL
09
2008

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Rose
8:59am • #7
OCT
24
2008

Are there any banks that are lending out money to buy foreclosure homes in Miami and Broward County?

Scott
12:45pm • #8

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Palmetto Bay | Redland Real Estate | Maggie Dokic

Miami, FL

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