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What is Foreclosure? - Hoboken, NJ

By
Real Estate Agent with Exit on the Hudson Realty

Foreclosure - Hoboken, NJWhat is Foreclosure? To different people it means different things, and I realize there is a lot of confusion about this topic even among Realtors.

I am not an attorney, nore a finance guru, but as a residential real estate consultant with foreclosure specific specialization, I will attempt to make a little order in the chaos. The following is a simplified explanation for clarity purposes.

Let us set a scenario. Dave bought a brand new home and moved in. At first he was paying the monthly mortgage payments on time and in full. After the first year however Dave's dog got sick, and he had to deplete his savings in order to pay the veterenary medical expenses. Soon there after his car died, and since his occupation required reliable transportation, he begrudgingly bought a new car through financing. Then, unexpectedly, Dave hurt his back and had to reduce his work load. Naturaly his income shrank significantly. At this point Dave found that he could no longer afford all of the expenses, and out of desperation he started falling behind on the mortgage payment.

The lender (mortgagee), from their end, sent warning after warning, threatening that they would "accelerate" the debt repayment if he did not catch up with his dues. This means that the bank would make the entire balance due immediately, and not according to the regular payment schedule. Unable to sell the house on the one hand, and unable to catch up with the delinquent payments, Dave had no choice but to watch this feared moment arrive. (This is not entirely true, as there often are some other alternatives before that happens, but we will talk about that another time.)

So, Dave receives a letter telling him that the rest of the mortgage balance is due immediately, or else it will be taken away from his possession. This is the point at which the clock starts ticking. At the end of the deadline given to Dave the lender would typically take the matter to court, and the court would start the foreclosure process. The lender hopes to receive some compensation for the debt, through the sale of the property in one way or another, at the end of this process.

Often the lender presents the property for sale at a public auction after the given deadline. People tend to confuse the auction itself, also referred to as the Sheriff's sale,with a foreclosure, but foreclosure is in fact just the legal process by which the lien holder, in most cases the lender or mortgagee, denies the defaulting borrower, ownership of the property. This could take place in many different ways, all of which are still considered to fall under the foreclosure category. The bank (lender) may recoop its losses through a foreclosure auction, a short sale, or repossession of the property and its sale as a bank owned property. To a buyer, foreclosure may present itself in various faces, as an auction property, a short sale, or a bank owned property (REO).

So, the main point I would like for you to take away is that foreclosure is not a type of property or type of sale, but rather the process in which the lien holder obtains the ownership of a real estate property in order to cover the defaulted loan.

Dan Hopper
Dan Hopper - Gold Way RE - Westminster, CO
Colorado Broker / Referral Services

Good point you bring up, Amos.  Also, a short sale is not a type of property, either.  It's a processs that the industry has adopted from the negotiated term of a "short pay-off".

Sep 15, 2011 05:40 AM
Amos Elroy
Exit on the Hudson Realty - Hoboken, NJ

Dan,

Absolutely! I will be addressing Short Sales in an upcoming post as well.

Sep 19, 2011 08:02 AM
Paul Gapski
Berkshire Hathaway / Prudential Ca Realty - El Cajon, CA
619-504-8999,#1 Resource SD Relo
 

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Apr 07, 2012 12:25 PM
Anonymous
Ruth Page

Dear Mr. Elroy:

Forclosure is the quickest way of cleaning out a barren housing market of cheapskates who don't pay their due.  Nauseating liberals like yourself believe we should give property away to the other people and that is just a big NO! NO! Mortgages and USFDA funds are evil. America should never bailed out the housing market. It was a big no no then and it's a big no no now. 

Jul 12, 2012 06:16 PM
#4
Amos Elroy
Exit on the Hudson Realty - Hoboken, NJ

Dear Ruth Page,

 

First in spite in differing opinions, I am delighted to have caught the attention of such a prominent conservative political force as yourself. This gives me the opportunity to respond.

 

I understand the position you take and the position Decent Citizens takes, but let me assure you foreclosure is in fact a detrimental tool to the lender as well, as it in fact stands to loose more from a foreclosure auction, or a bank owned sale (REO), than from a short sale.

Some may claim that the lender looses when forgiving the deficiency (balance left between amount owned and sale proceeds) in a short sale, but such a forgiveness is not automatic, and in many cases borrowers are still left owing deficiencies, particularly if the property was purely for investment purposes. Either way, it is not certain what good the deficiency is to a lender if the homeowner is in dire straights and can not repay the debt before the debt is grandfathered.

I do remember once passing a demonstraition lead by you, in which an appogy of Obama was submerged in a water tank shackled to an upside down house. I understand the emotions in your camp are running high on this matter, but your solutions are not practical, and in fact would be detrimental to the market.

 

Aug 07, 2012 03:09 AM