| Understanding Foreclosure  It Is An Unfortunate   Commentary, but when economic   activity declines and housing activity decreases, more real property enters   the foreclosure process. High interest rates and creative financing   arrangements also are contributing factors.            |              | "...as       a general rule, a lender would rather receive payments than receive a       home due to a foreclosure."  |  
 |  When prices are rapidly accelerating during a   real estate "bonanza," many people go to any lengths available to   get into the market through investments in vacation homes, rental housing,   and "trading up" to more expensive properties. In some cases, this   results in the taking on of high interest rate payments and second, third,   and even fourth deeds of trust. Many buyers anticipate that interest rates   will drop and home prices will continue to escalate. Neither may occur, and   borrowers may be faced with large "balloon" payments becoming due.   When payments cannot be met, the foreclosure process looms on the horizon.  In The Foreclosure Process, one thing should be kept in mind: as a general rule, a lender   would rather receive payments than receive a home due to a foreclosure.   Lenders are not in the business of selling homes and will often try to   accommodate homeowners who are having payment problems. The best plan is to   contact the lender before payment problems arise. If monthly payments are too   hefty, it may be that a lender will be able to make some alternative payment   arrangements until the owner's financial situation improves.  Let's say, however, that a homeowner has not   made any alternate arrangements with the lender. In this case, the lender may   decide to begin the foreclosure process. Under some circumstances, the   lender, whether a bank, savings and loan, or private party, will request that   a trustee, often a title company, file a notice of default with the county   recorder's office. A copy of the notice is mailed to the homeowner. Once the   notice of default has been recorded, the homeowner has 3 months to bring the   loan current. If during the 3 month period the owner cures the default by   making up the payments, the deed of trust or mortgage will be reinstated and   regular monthly payments will continue as before.  If the default is due to a balloon payment not   being made when due, the lender can require full payment on the entire   outstanding loan as the only way to cure the default. If the default is not   cured, the lender may then direct the trustee to sell the property at a   public sale.  In cases of a public sale, a notice of sale   must be published in a local newspaper and posted in a public place, usually   the courthouse, for three consecutive weeks. During this time, it may still   be possible for the homeowner to work out a postponement on the sale with the   lender.  However, if no postponement is reached, the   property goes "on the block." At the sale, buyers must pay the   amount of their bid in cash, cashier's check, or other instrument acceptable   to the trustee. A lender may "credit bid" up to the amount of the   obligation being foreclosed upon.  With the recent attention given to   foreclosure, there also has been corresponding interest in buying foreclosed   properties. However, the buyer should beware, foreclosed properties are   likely to be burdened with overdue taxes, liens, and clouded title. A buyer   should do his homework and ask a local title company for information   concerning these outstanding liens and encumbrances. Title insurance may or   may not be available following a foreclosure sale or various exceptions may   be included in any title insurance policy issued to a buyer of a foreclosed   property.  .  |