I was at the foreclosure auction on Fri and something came up that I have not heard in a long time.

In past years,  a typical foreclosure (under certain circumstances) the person being foreclosed on had the right to purchase the home back within 1 year. I was under the impression that at the foreclosure sales at the court house, this was no longer the case.

In speaking with a person that recently attended a Sheriff's sale who bought a house, they were told that the person being foreclosed on does in fact have the right to purchase the home back within 1 year.

The obvious questions started to pop in and out of my head.

What if the buyer sells the house within 1 year? Makes a profit then the person who lost the home wants it back within that 1 year. They pay what it sold for at auction. The new buyer sells for a profit. What happens to the person that bought the home from the person that bought it at the Sheriff's sale?

Does anyone have any insight on this at all?

I am always looking to keep on top of the changing rules and regulations and any help would be appreciated.

 

As always, thanks for reading and check out www.easywaytoshop.com and request to be added to the directory. Its free! Its good business! Space is limited to 25 vendors per profession per state.

 

 
This post has been included in Washington Information
Post is included in group: Consumer Mortgage Tips
Post is included in group: Diary of a Realtor
Post is included in group: Loan Officers - The tough nut to crack
Post is included in group: Puget Sound - WA Real Estate
Post is included in group: Washington State Investors and Investment Opportunities

4 Comments on Foreclosure at the court house vs. Sheriff Sale Need Advice!!

SEP
24
2008

Here in Michigan it's called the redemption period. The houses are sold at a sheriffs sale but the owner has possession for the next six months during the redemption period and can pay it off and sell it anytime during this time.

2:15pm • #1
SEP
25
2008
261,713 Points 26 Featured Posts Outside Blog

the difference also is - judicial foreclosure and deed of trust - on a deed of trust many times the redemption period is waived because the process takes longer - the judicial foreclosure is quicker - or use to be - the deed of trust is a little longer but the borrower has ample opportunity to re-instate the loan prior to the sale.  It all comes down to the contract

1:09am • #2
OCT
04
2008

Jeff -

It seems that state laws handle this differently.

Here in Indiana, which is a judicial state, the sheriff sale transfers ownership - usually (but not always) to the lender. The owner of the property can redeem it anytime BEFORE the sale.

Tax sales, which are a whole different ball game, do have a one year redemption period after the sale. But then, in Indiana, you are actually purchasing a tax lien.

I did a comparison of tax sales to sheriff sales for my blog, if anyone is interested. Keep in mind this posting relates to Indiana and my not apply to other states.

Thesa commented on the difference in the length of time for judicial and deed of trust foreclosures. I don't know anything about deed of trust foreclosures. By law, foreclosures in Indiana take a minimum of 4 1/2 months from filing the suit (intent to foreclose) to the sheriff's sale - and that is if it is uncontested. It can happen that quickly, but usually foreclosures in my run somewhere between 9 months to 18 months - sometimes even longer.

I happened across the Indiana Commercial Foreclosure Law blog which has given me a lot of insight into foreclosure law. Most of it is commercial related and way over my head and interest, but every once in a while something applies to residental foreclosure, too.

The main thing is to check state laws - which can and do usurp the contract.

 

7:59pm • #3
OCT
07
2008
3 Featured Posts

need to find out more about this for WA state.

12:37am • #4

Leave a response…



(optional)
What does the graphic say?
 
Rainmaker_large

Jeff Polonsky

Mill Creek, WA

More about me…

loansnjobs.com and EasyWayToShop.Com

Address: info@loansnjobs.com, mill creek, wa, 98012

Office Phone: (800) 497-4223

Email Me

Anything Real Estate - or Finance - Gloves off comments Get the Your Badge - Facebook, Linkedin, Twitter, Blog widget and many other great free widgets at Widgetbox!


Links

Archives

RSS 2.0 Feed for this blog

Find WA real estate agents and Mill Creek real estate on ActiveRain.