foreclosure signFYI, Here is the information regarding Utah's Foreclosure Process from the Lundberg & Associates website: (Bold, Italics and Underline added by me)

My comments follow below.

FORECLOSURE PROCESS

The foreclosure process normally begins when the borrower becomes delinquent. Delinquent status depends on the terms of the Note, the lender's internal policies and the requirements of any investor (e.g. Fannie Mae or Freddie Mac). Typically, the foreclosure is commenced when a loan becomes three months delinquent.

The foreclosure process generally begins by the holder of the Note appointing a trustee to record a notice of default with the county recorder of the county where the property is located. From the date of the recording of the notice of default, the borrower has 3 months to reinstate or payoff the loan. At the conclusion of the 3-month reinstatement period, if the loan has not been brought current, a foreclosure sale date is set. A notice of the sale is sent to the borrowers and posted on the property. It is also posted at the County Recorder's Office of the county where the property is located and published in a newspaper having general circulation in the county. The actual foreclosure sale is held at the time and place specified on the notice of sale, generally an active county courthouse* of the county where the property is located. The trustee appointed by the note holder, or an attorney representing the trustee, conducts the foreclosure sale.

*Some county courthouses are historical. Foreclosure sales are not held at these sites.

The opening bid on the property is set by the lender foreclosing and is made available by our office, once we have received it from the lender, on this web site under the heading of Foreclosure Bids and Sales Results. Generally our office receives bids the week of the sale.

The attorney conducting the foreclosure sale will purchase the property on behalf of the lender, if no bid higher than the opening bid is presented. If there is competitive bidding, the property is sold to the highest bidder. The successful bidder must deliver $5,000 in the form of a cashiers check, wire transfer or money order at the time of the sale to the trustee or attorney conducting the sale. The balance of the purchase price, in the same form, must be received in our office by noon the following day.

http://www.lundbergfirm.com/foreclosureprocess.html


Note that it would appear that it would take about 6 months at the fastest, but often it can take longer because some lenders do not file a Notice of Default right away. My understanding is that the notice of the sale also has to be posted for 3 straight weeks in a local paper with general circulation as well. At any time, if the borrower does anything to stop the foreclosure process (negotiating with the creditor/bringing payments current, etc.), the process will start all over again.

If there are no "high enough" bids to satisfy the lender's lien, the lender may bid on the property itself to retain it. In that case it becomes "Real Estate Owned", "REO", "Corporate Owned", "Bank Owned" etc. and many of these properties are then put back on the market as listed properties. The bank would rather lose 10-20% than let someone buy it at the sale and only get 50% of what they are owed, for example.

 

If you are thinking about moving to the Salt Lake City area, make sure you get an Agent on YOUR side! 

Homebuyer Representation, Inc. is the only Real Estate Brokerage representing Buyers ONLY in Salt Lake City and the Surrounding Area. We do not list any homes. We never represent Sellers.

We work for BUYERS ONLY on the Buyer's side of the transaction.

We work to get BUYERS the Best Price and Terms when they Buy...

We're "The Real Estate Agents on the Buyer's Side" TMreal estate agents on the buyers side

If you have excellent credit and are thinking about buying a $250,000-$500,000 home in the Salt Lake area in the next 60-90 days, call us at (801) 969-8989 or contact us via the link on this page.

©2008 Homebuyer Representation, Inc. All Rights Reserved

 

 
This post has been included in Utah Information
Post is included in group: RealtorsĀ®
Post is included in group: Exclusive Buyer Agents
Post is included in group: Exclusive Buyer's Agents (EBAs)
Post is included in group: Fixers, Flips, and Rehabs
Post is included in group: ABR-Accredited Buyer Representatives

3 Comments on The Foreclosure Process in Utah

APR
12
2008
137,650 Points Outside Blog
I agree, most lenders will not let their properties go too cheap.
12:04am • #1
Benjamin, that is a great explanation of the foreclosure process. How is the foreclosure market in Salt Lake? Are you getting a lot of them?
2:16am • #2
493,965 Points 1 Featured Post Outside Blog Hit Router

Ben

Are you seeing a lot more of these lately?

I am on my way soon.

Sincerely

Tom Braatz

3:20pm • #3

Leave a response…



(optional)
What does the graphic say?
 
089 Rainmaker_large

Benjamin Clark - Exclusive BUYER'S AGENT - Certified Negotiation Expert - SLC, UT

Salt Lake City, UT

More about me…

Homebuyer Representation, Inc.

Address: PO Box 701481, SLC, UT, 84170-1481

Office Phone: (801) 969-8989

Cell Phone: (801) 969-8989

Email Me

Insights and information from Salt Lake City's only Exclusive Buyer Brokerage (Exclusive Buyers Agents work for BUYERS ONLY!)

Find out why you should always make sure you get an Agent on YOUR side of the transaction when buying a home!

Finally!

Real Estate Agents on the Buyer's Sideā„¢

website counter

Salt Lake City Real Estate - Trulia
Subscribe to Buying a Home near Salt Lake City, Utah? CLICK HERE! - Exclusive Buyers Agent Blog by Email



Links

Archives

RSS 2.0 Feed for this blog

Find UT real estate agents and Salt Lake City real estate on ActiveRain.