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		<title>Faq Foreclosed Homes</title>
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		<pubDate>Mon, 06 Feb 2012 04:05:05 +0000</pubDate>
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		<description><![CDATA[Paul asks… How long does it take for the bank to accept/reject offer of asking price? My husband and I fell in love with a house. It was listed Friday, we saw it today and offered asking price because the price is WELL under what it is worth. We were worried if we offered less [...]<p><a href="http://www.bank-foreclosed-homes-forsale.com/faq-foreclosed-homes-258/">Faq Foreclosed Homes</a> is a post from: <a href="http://www.bank-foreclosed-homes-forsale.com">Bank Foreclosed Homes For Sale</a></p>
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<p class="name">Paul asks…</p>
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<h2>How long does it take for the bank to accept/reject offer of asking price?</h2>
<p>My husband and I fell in love with a house. It was listed Friday, we saw it today and offered asking price because the price is WELL under what it is worth. We were worried if we offered less they would draw it out. My realtor said it would take 5-7 days to hear back but, has anyone heard back earlier from a <strong>bank</strong> when they offered asking price? </p>
<p>The house is a foreclosure, been on the market 5 days now.</p>
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<p class="dtm-content">That is up to the bank.<br />
Even if you wrote in the contract you wanted to hear back within 7 days, they can totally ignore that and get back to you when they feel like it. They may also be gathering offers and it could turn into a bidding war. </p>
<p>Just because you offered full price does not mean you win. They will also take into account your entire application and terms you offered. </p>
<p>Don't count on getting a call before that 7 day time frame.</p>
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<p class="name">Betty asks…</p>
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<h2>A house is going up for auction this friday, and we know the bank is buying it back for list- what can we do?</h2>
<p>As above, we know the foreclosure auction is Friday, and we know the <strong>bank</strong> will buy it back to relist it.  It's a Countrywide Loan (and we all know how those are going) - who could we contact on Saturday to possibly put a low bid on, or do we have to wait until it's actually relisted before we do anything else?<br />
The reason I dont go to the auction is because I know the <strong>bank</strong> is going to buy it for <strong>list</strong> price - and that's way too much for this house.  Houses that compare are a lot less, and it's not worth that much. There is a lien on it as well; and finally it would be a great house (without the foreclosure) for about $30000 less than what they're asking.</p>
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<p class="dtm-content">You can call the bank and ask about it but I think you have to just wait until its relisted, which could take several months.  Why not just go to the auction and buy it straight out?  If no one else is interested, you could probably get it for $1 over the outstanding loan balance.</p>
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<p class="name">Richard asks…</p>
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<h2>The house I live it went through foreclosure and did not sell at auction. How long till the bank sells it?</h2>
<p>I am currently living in it now. How long before I get evicted? How long before they <strong>list</strong> it with a realtor? I was the renter and I might be interested in purchasing it but the auction price was $555,000 and I wouldn't pay more than $360,000. Don't think that would go over well.</p>
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<p class="dtm-content">You did not mention what state you are in ---it varies from state to state.<br />
I have included a link to foreclosure laws by state...just click on your state to find all the answers.</p>
<p>Http://www.foreclosures.com/pages/state_laws.asp</p>
<p>also- you can attempt contacting the bank, but most likely they will direct you to the trustee.</p>
<p>Good luck</p>
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<p class="name">Charles asks…</p>
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<h2>house buying and bank counter offer?</h2>
<p>i put a letter of intent and a pre qual letter into the <strong>bank</strong> on a foreclosure, the house lists at $44,900 on the MLS listing. after 4 days the <strong>bank</strong> came back and told everyone to put in their highest and best offer. what exactly does this mean, seems to me they have now turned it into a auction? the <strong>bank</strong> will not tell us how many offers were made or what the offers are. how can they do this when the house was listed at a set price? thanks for any info<br />
This house was allready owned by the <strong>bank</strong> when they put it on the MLS that's why it was confusing to me. why just not auction the house instead of MLS listing it and setting a price. If you are going to <strong>list</strong> the house let's say for 45,000 usually people offer less than that then the seller has a decision to make. however when listed and someone offers a higher price which I did you would think the offer would be accepted and not turn around and say oh we don't want to sell it for that we want you to pay more. oh well that's why i ask questions...lol..thanks for all the input</p>
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<p class="dtm-content">There is no such thing as a set price.    They can not disclose your offer to the other bidders, it is a violation of your privacy, bids are not public.</p>
<p>This just means they are going to pick an offer soon.   There is not going to be any counter offers, it is a one time shot.     They are giving you the opportunity to alter your offer if you want, they called everyone.</p>
<p>They may refuse them all though, even at full time.    It depends on BPO, how much cash is included in the offer (this house is likely to sell for straight cash) and the qualifications of the buyers.</p>
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<p class="name">Steven asks…</p>
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<h2>How Do Real Estate Brokers List Reo (Foreclosure) Properties?</h2>
<p>I AM NEWLY LICENESED REALTOR AND I WOULD LIKE TO KNOW WHAT PROCEDURES ARE NECCESSARY TO BEGIN LISTING REO PROPERTIES.  IS THERE A <strong>LIST</strong> THAT I NEED TO ADD MY NAME OR DO I HAVE TO CONTACT BANKS IN REGARDS TO MY INQUIRY? NOT SURE...</p>
<p>THANKS</p>
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<p class="dtm-content">Your Broker will explain all to you.  But in most areas the real estate company(s) that get the REOs are long time tried and true professionals.  It's is pretty difficult to compete with them when you are new.  While REOs are a lot of business coming into the market, it is pretty well tied up.  You will be able to graduate to that sort of business activity once you have a few years under your belt. </p>
<p>Very best of luck</p>
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		<title>Faq Foreclosed Homes</title>
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		<comments>http://www.bank-foreclosed-homes-forsale.com/faq-foreclosed-homes-257/#comments</comments>
		<pubDate>Sun, 05 Feb 2012 04:05:04 +0000</pubDate>
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		<description><![CDATA[Richard asks… Has anyone had experience buying a foreclosure from Bank of America? My husband and I made an offer on a foreclosure that Bank of America owns. We offered 5,000 below the asking price and asked them to pay closing costs. What are the odds that they would agree to the terms of the [...]<p><a href="http://www.bank-foreclosed-homes-forsale.com/faq-foreclosed-homes-257/">Faq Foreclosed Homes</a> is a post from: <a href="http://www.bank-foreclosed-homes-forsale.com">Bank Foreclosed Homes For Sale</a></p>
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			<content:encoded><![CDATA[<p></p><div class="dtm-faq">
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<p class="name">Richard asks…</p>
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<h2>Has anyone had experience buying a foreclosure from Bank of America?</h2>
<p>My husband and I made an offer on a foreclosure that <strong>Bank</strong> of America owns. We offered 5,000 below the asking price and asked them to pay closing costs. What are the odds that they would agree to the terms of the contract? Has anyone had experience buying a foreclosure from <strong>Bank</strong> of America? Thanks in advance!</p>
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<p class="dtm-content">They will not accept this, you need to remove the contingency that they pay your expenses, they will not do it.</p>
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<p class="name">Lizzie asks…</p>
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<h2>What happens after you make an offer on a bank-owned home?</h2>
<p>I'm getting ready to buy my first house, so I don't know too much about the process. Since I don't have money, all the houses I'm looking at are <strong>foreclosures</strong> or <strong>bank</strong> owned. What happens when you make an offer on the house? If the <strong>bank</strong> accepts your offer, are you legally bound to follow through or is there some leeway?</p>
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<p class="dtm-content">You wait to see if the bank accepts your offer.  If your offer is accepted, then escrow is opened.  You need to sit down with your real estate agent and have him/her walk you through the process.  There are timelines for inspection periods and loan contingency removals that must be met as per the contract.  There is also a period where you can back out if you discover anything in the inspections, but it may vary from state to state so I don't want to give you California's information.  Once escrow opens it's pretty much a race for the buyer until closing.  </p>
<p>If you back out, depending on the timing and reason, the seller may be able to keep your deposit.  Again, talk to your real estate agent!  Good luck!</p>
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<p class="name">Charles asks…</p>
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<h2>How does a bidding on a bank foreclosure work?</h2>
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<p class="dtm-content">You show up at a foreclosure sale with a certified check as required in the notice (usually $5,000 or $10,000), if you want to bid. You can attend any advertised foreclosure auction if you just want to see how it works. If you want to buy, you should try to check out the house beforehand, since most auctioned properties have been neglected, often for years. Needless to say, the owners will not be helpful nor willing to let you in.</p>
<p>A few minutes before the scheduled time for the auction, a lawyer and/or auctioneer will show up. The auctioneer will open the proceedings with a review of the rules and the procedure. The lawyer or other agent will bid for the mortgage holder. There may be other bidders, although often not. Many auctions are called off because the owners were able to reach an arrangement or file for bankruptcy.</p>
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<p class="name">Mark asks…</p>
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<h2>does the bank eat the cost on foreclosures, when the borrower cant make the payments?</h2>
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<p class="dtm-content">The lender absorbs the loss, but depending on many other factors can seek the loss with judgments, wage garnishment, , selling the debit off to collection lawyers, etc. Lenders are in the money business and can not stay in business giving money away</p>
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<p class="name">George asks…</p>
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<h2>National City Bank foreclosure - Cash For Keys question?</h2>
<p>We are renting and our landlord is facing foreclosure in 3 weeks.  </p>
<p>Does anybody know if National City <strong>Bank</strong> offers a "cash for keys" program?  If so, how much do they normally offer?</p>
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<p class="dtm-content">The real answer is if such a program is used, then the tenant will get the money, not the old owner. Keep in mind it is the loss mitigation company or real estate agent that the bank hires that will offer this, not the bank. The amount depends on the area and state. In California, they offer between 1k-3k and they want you out within 7 days. Also, in California, if you decline the cash for keys program (or whatever they offer you) they will have to serve you with a 60 days notice to vacate the property. After 60 days, then they can evict you. Eviction takes an additional 17-30 days.  </p>
<p>Good Luck</p>
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		<pubDate>Sat, 04 Feb 2012 04:05:04 +0000</pubDate>
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		<description><![CDATA[Ruth asks… How do I overcome lowball bank appraisals to refinance my home? Can I contest an appraisal? Other options? I purchased my 1950's California home in 2005 for $450k and subsequently sunk $175k into substantial improvements, making the total investment about $625k. I currently owe $340k on this home and have no other debt. [...]<p><a href="http://www.bank-foreclosed-homes-forsale.com/faq-foreclosed-homes-256/">Faq Foreclosed Homes</a> is a post from: <a href="http://www.bank-foreclosed-homes-forsale.com">Bank Foreclosed Homes For Sale</a></p>
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<p class="name">Ruth asks…</p>
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<h2>How do I overcome lowball bank appraisals to refinance my home? Can I contest an appraisal? Other options?</h2>
<p>I purchased my 1950's <strong>California</strong> home in 2005 for $450k and subsequently sunk $175k into substantial improvements, making the total investment about $625k.</p>
<p>I currently owe $340k on this home and have no other debt.</p>
<p>I was attempting to refinance at a new, low rate, and get some cash out for my business.  Yesterday I received a crushing appraisal from one of the <strong>bank</strong>'s selected appraisers.  The guy came back with $312k--less than 50% of my investment.</p>
<p>I personally took this appraiser through my home, pointing out all the improvements that had been made and where all the money was spent.  I even gave him a breakdown of everything on paper that he took with him.  I offered to provide him with before pictures but he wasn't interested.</p>
<p>He admitted in his report that he could not find any recent comparable sales in the area and had to go quite a distance out, into neighborhoods that I would not consider equal.  He seems to have based his appraisal purely on the last known sale price of homes of similar age and size, and completely disregarded the $175k in improvements that I'd made to my home.</p>
<p>Obviously, judging a home's value by a recent sale price is flawed.  We don't know what the circumstances and conditions of that sale were.  Foreclosure, short sale?  Judging a home's value by its age and dimensions is equally flawed as we don't know whether that home has been updated in the last 50 years, whether it's completely rotting inside or what.</p>
<p>His report also states that homes in the area have fallen 15-30% since 2005.  Now, I would expect a super conservative appraisal to value my home at 70% of my purchase price and improvements at 80% of cost, putting the number closer to $455k.  That would have put me at 25/75 LTV, and at least given me a chance to refinance.</p>
<p>Is it worth seeking other financial institutions, and pay another $400 for each additional appraisal?  Do you expect my experience will be the same with all appraisers at this time?  I've read that banks are encouraging appraisers to return values that represent an amount where at it would be impossible for a <strong>bank</strong> to lose money on the property in a foreclosure... roughly 60% of actual value.</p>
<p>Is it worth attempting to find independent appraisers and contest the <strong>bank</strong>'s appraisal?  Is there anything I can do to force a <strong>bank</strong> appraiser to value my improvements, or just value my home higher in general?</p>
<p>Do I have any other options?  I'd really like to refinance while rates are amazing, and I'd love to get cash out or as part of a HELOC for my business.</p>
<p>Rhetorical question/rant:  why would people want to avoid foreclosure when their homes are being appraised at 50% of value?  How many years does it take to get a foreclosure off your record?  How many years will it take you to earn that $300k that your home just lost in value?</p>
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<p class="dtm-content">You can not force the appraiser to value the improvements, they are NEVER part of the appraisal.   The only thing you can do is try to force a change in the listed condition.   If it went from from "poor" to "good" you appraise higher.</p>
<p>You can not force the bank to use any other appraiser then the one they have hired.   It is their money.</p>
<p>As for your rhetorical question, it is because they borrowed MONEY.   Cash money.   Refusing to repay it does not make it a gift.   They still owe a huge chunk after a foreclosure.</p>
<p>If you are unhappy with this bank you can try another, but your appraisal should not vary by much.   They all use the same criteria.</p>
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<p class="name">Maria asks…</p>
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<h2>Purchasing a short sale with a second mortgage?</h2>
<p>I'm in the process of purchasing a short sale property in <strong>California</strong> that has two mortgages on it.  The primary has accepted the offer but I quickly found out there is also a small second.  It was probably an 80/20 deal.<br />
How does this generally work and who negotiates with the second?  Also, do I have any obligation to the second if they choose to not settle?  I assume if they don't agree the deal gets killed and it goes to foreclosure where both banks will lose.<br />
Any insight is appreciated.</p>
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<p class="dtm-content">This much I know<br />
Usually, the second lien will join in the foreclosure as plaintiff, or, attend the sale and bid up to its exposure or upset price. </p>
<p>You have to look at the proposed short sale as a whole.<br />
Neither lender will want to accept less, unless it is in their best financial interest to do so. The lender will make an estimate how much they can recover based on estimated value. If your short sale proposal meets or exceeds their anticipated net recovery after foreclosure, then they will probably accept your proposal. </p>
<p>If the first lienholder is to accept less than they are due, then the second will not get much if anything at all.</p>
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<p class="name">John asks…</p>
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<h2>Short sale vs Foreclosure and taxes 1099 in California?</h2>
<p>What will the tax issues be on my home that I owe 475,000.00 and the short sale is for 325,000.00? </p>
<p>Will the same tax issue also apply if it went to foreclosure instead? </p>
<p>The amount I owe is from "purchase money" loans. I have a 1st for 400.00 and a 2nd for 75k. </p>
<p>My agent said the 2nd is going to accept 3 or 4k from the 1st to call it even? </p>
<p>Does Bush's HR 3648 (Debt forgivness) apply to me?</p>
<p>I've been out of work for 8 months and have not been able to make the payments. I also went through a divorce at the same time. I also have c/c debt, but am making the payments on all but 1 of the c/c's. I only have about 6K in the <strong>bank</strong> and only a old car and motorcycle (paid) as assests. </p>
<p>I thank you in advance for your help. I know there are several questions to answer. Thanks.</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">The federal act will help you out but won't take you completely off the hook.  The state of CA is going to clobber you for full income taxes on the 150k that is forgiven.  CA has an income graded tax rate schedule that doesn't look good for you.  Income up to $40,345 is taxed at rates between 1-8%.  Anything over $40,345 is taxed at 9.3%!!  This means you are looking at a potential tax bill of ~$12,000 from the state of California.  </p>
<p>Even a short sale is going to mess you up for a long, long time, but it would still be better than a foreclosure.  </p>
<p>Good luck!</p>
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<p class="name">Michael asks…</p>
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<h2>Where to Report Mortgage Lending and Foreclosure Fraud?</h2>
<p>I know a loan broker and Realtor in <strong>California</strong> (Bay Area) who is running the "I buy your foreclosure and you rent it back from me, and you can buy it back when you're on your feet" scam. He is also looking for someone to alter <strong>bank</strong> documents to help him qualify people for loans. I know the second issue is illegal, but can't prove he's defrauding people on the first. I have a "Dear Homeowner I can help you" letter from him. Do not want to testify because of safety concerns for my family. Who I can I or should I report this to in confidence, or will anyone care? Thanks in advance for any solid advice.</p>
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<h3> answers:</h3>
<p class="dtm-content">Go straight to your California Department of Real Estate. They take matters like this seriously and will investigate it. There are laws that all Real Estate Agents and Brokers must follow. Break them and you can get fined or lose your license. And if he or she is also a Realtor they can lose that status too by going to the Realtor Board after you turn them in to the Dept of Real Estate.</p>
<p>Plus find out if this person is a Real Estate Agent or Broker. If he is an agent then he must work for a Broker. The Broker is the boss and is responsible for him. The Broker can not afford to mess around because his license can be on the line too. Most people do not know that there are many agents out there and they all must work under and for a Broker who owns the office. The Broker is highly qualified as they have many courses and a special brokers license they must pass in addition to the agents license and time in the field. They also have ongoing education.</p>
<p>When you report to the Department of Real Estate ask them if you must have your name out or can it be kept confidential. You need to get them turned in ASAP. Fraudulous Agents can hurt many people before they get caught. And the only way they can get caught is if someone turns them in.<br />
I will bet that this person also owes money to IRS. That is very common. Call IRS and tell them you know a fraudulent Mortgage broker and Agent that may be cheating IRS. Believe me they will look into it and your name will not be given. IRS is looking for ways to get these cons. This scam he is pulling is not only to defraud you but also the IRS. Turn him in. And please dont wait.</p>
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<p class="name">Joseph asks…</p>
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<h2>Can a creditor call unlimited times?</h2>
<p>I'm in foreclosure losing my house and the lender <strong>Bank</strong> of America calls on my cell phone every hour throughout the day, every day. I am sooo fed up. Are they allowed to call this many times in <strong>California</strong>?</p>
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<h3> answers:</h3>
<p class="dtm-content">NO .  Check the local laws .  I think Ca. Is twice a week and only during certain hours .  Anything more is harassment .   Answer the call and find out where you can fax a letter instructing them to stop .  Tell them you need a fax number to forward some info.    Beyond that it is at their legal peril . If you just click on the phone to accept the call it will show up on your phone bill records .   Proof you will need .</p>
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		<pubDate>Fri, 03 Feb 2012 04:05:04 +0000</pubDate>
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		<description><![CDATA[John asks… How can I find out if my home is in foreclosure? People have been says County Recorder's Office. but I cannot seem to find one on the web. If it helps I live in Port Saint Lucie Florida. Any help would be great and I am asking because my landlord says everything is [...]<p><a href="http://www.bank-foreclosed-homes-forsale.com/faq-foreclosed-homes-255/">Faq Foreclosed Homes</a> is a post from: <a href="http://www.bank-foreclosed-homes-forsale.com">Bank Foreclosed Homes For Sale</a></p>
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			<content:encoded><![CDATA[<p></p><div class="dtm-faq">
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<p class="name">John asks…</p>
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<h2>How can I find out if my home is in foreclosure?</h2>
<p>People have been says County Recorder's Office. but I cannot seem to find one on the web. If it helps I live <strong>in</strong> Port Saint Lucie <strong>Florida</strong>. Any help would be great and I am asking because my landlord says everything is fine. yet someone came to the house a month or so ago and took pictures of the outside and were getting a lot of <strong>bank</strong> of America letters to our house for her</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">Call the bank</p>
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<p class="name">Sharon asks…</p>
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<h2>Is foreclosure a wise financial option?</h2>
<p>I had bought a house <strong>in</strong> <strong>florida</strong> for 200K.  When I changed my job, I rented it out with a negative cash flow.  Now the price has gone down to 130K,  At this point, I have no hope of that Price ever going back to my initial investment.  Let alone making a profit.</p>
<p>I am thinking of going into a foreclosure and giving the house back to the <strong>bank</strong>.  Would you consider this a good move or a bad one?</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">This is not advisable, sell at a loss if you can not maintain the negative cash flow.  Your credit will be destroyed if you let it go to foreclosure which would cause about a 300 point hit on your FICA, a record that stays on your credit report for 10 years, and you will have to answer yes on any loan application that asks if you have been foreclosed on (if you lie on a loan application it is considered a felony).  Because of the mortgage crisis requirements after foreclosure have changed and the "wait period" after foreclosure has been extended therefore you would not be eligible to obtain another mortgage for 5 to 7 years.  I am not sure what you owe but if you were to owe more than the bank can get for the house after foreclosure you would be liable for that deficiency plus legal; costs and the bank will also issue you a 1099 for the difference which would be considered income by the IRS and you would have to pay taxes on that amount.<br />
If you choose to sell and can not sell for more than you owe for the bank you will need to ask for a short sale this is your only chance of getting out from under without owning a deficiency and receiving a 1099.<br />
Good Luck Bob</p>
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<p class="name">Steven asks…</p>
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<h2>why does it take so long to get an answer to buy a short sale property?</h2>
<p>a pre-foreclosure property <strong>in</strong> osceola county <strong>in</strong> <strong>Florida</strong>, seller approved my offer but 4 weeks after seller approved my offer the <strong>bank</strong> wants to do an appraisel, why do they take so long to give me an anwer?</p>
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<h3> answers:</h3>
<p class="dtm-content">They do this because the bank is losing money on the deal.  A short sale means that the bank won't get the full amount owed to them.  The bank will do whatever is in their best interest.</p>
<p>For example, say the property is worth $500,000 according to the appraisal.  Lets say that the owner of the property still owed $480,000 on the loan.  You make an offer of $400,000.  The bank is set to lose $80,000 on this deal right up front (excluding any money or late fees that the seller owes to the bank).  </p>
<p>Now lets say it will cost the bank runs the numbers and sees that if they foreclose it will cost them $40k.  The bank then has a decision to make, sell to you and lose $80k.  Spend $40k and foreclose then sell easily on the open market for $475k.  </p>
<p>Your way they lose $80k.  Their way they lose $30k.  Is it worth it to sell to you?</p>
<p>Remember, they have to do all this at a time when they are inundated with properties they must sell.  Most banks haven't fully revved up enough to handle all the requests that come in let alone have the experienced staff needed to be able to make these calls.  At a time when banks are taking a bath on defaulted loans they want to make sure they are getting the best deal pissible on the short sales.</p>
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<p class="name">Nancy asks…</p>
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<h2>I'm looking into buying a number of Florida properties in the Sarasota area. Could?</h2>
<p>someone post a few good foreclosure and <strong>Bank</strong> owned web sites for me to link to!? Thanks <strong>in</strong> advance. I'm interested <strong>in</strong> duplexes, triplexes, or four unit properties. Maybe commercial too if you have a link for those. Again, Thanks!</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">As long as you have the cash, go for it.<br />
Loans for FLA investment properties are difficult to obtain<br />
Most banks list with realtors.</p>
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<p class="name">Mary asks…</p>
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<h2>Can a landlord evict a tenant if the property is in foreclosure?</h2>
<p>As I stated above.<br />
Also if the <strong>bank</strong> owns the Condo now.<br />
And what are my legal rights and state laws <strong>in</strong> <strong>Florida</strong>?<br />
Under what circumstances that I must leave?<br />
And what do I tell him if he tries to forces me out.</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">Does the bank hold the deed now?    If the foreclosure finished and the bank has possession then no, he can not.    He can sue you the same way if you owe him money, but he can not obtain possession.</p>
<p>If you are not paying rent to the bank yet and it is still doe to him, then, yes, he can evict you.   The foreclosure would not even be a factor.</p>
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		<pubDate>Thu, 02 Feb 2012 04:05:06 +0000</pubDate>
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		<description><![CDATA[Susan asks… i have two foreclosures in alberta is it possible bank can seize my account or my husbands bank account? What are the possibilites bank can do. b/c i am broken lost my job dont have penny. got leter for foreclosure. and i have no idea about the legalities.... What are the possibilites bank [...]<p><a href="http://www.bank-foreclosed-homes-forsale.com/faq-foreclosed-homes-254/">Faq Foreclosed Homes</a> is a post from: <a href="http://www.bank-foreclosed-homes-forsale.com">Bank Foreclosed Homes For Sale</a></p>
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			<content:encoded><![CDATA[<p></p><div class="dtm-faq">
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<p class="name">Susan asks…</p>
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<h2>i have two foreclosures in alberta is it possible bank can seize my account or my husbands bank account?</h2>
<p>What are the possibilites <strong>bank</strong> can do. b/c i am broken lost my job dont have penny. got leter for foreclosure. and i have no idea about the legalities....<br />
What are the possibilites <strong>bank</strong> can do. b/c i am broken lost my job dont have penny. got leter for foreclosure. and i have no idea about the legalities....What happens after foreclosure if money still owed.?</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">It is possible if the house is worth less then you owe.  There are a lot of companies trying to help people in your situation because so many people are in the same boat.  Call them or find a public lawyer that will help you. There may be steps that you can take to stop this from happening.  This is your new full time job. Take your life into your own hands and start researching.  </p>
<p>Also make sure some one is creditable before you give anyone money.</p>
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<p class="name">Robert asks…</p>
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<h2>What is wrong in this bank foreclosure action?</h2>
<p><strong>Bank</strong> is forclosing, i got a 3 day notice paper on my door. I did nothing. I was servered with court papers and i aswered. The court lawyer helped and there is a paper that says '' Because plaintiff's attorney signed 3-day notice  violated the Fair  Debt Collection Practices Act. 15 U.S .C . 1692.<br />
They put the 3 day notice to leave the house long before I was served with court papers.<br />
I really thank you for your time and sharing your knowledge <img src='http://www.bank-foreclosed-homes-forsale.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
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<h3> answers:</h3>
<p class="dtm-content">It is a crock of crap the Fair Debt Collections has in no way been violated!  Get ready to MOVE!</p>
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<p class="name">Nancy asks…</p>
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<h2>Can a homeowner sale the house in foreclosure, a day before the bank takes it to auction?</h2>
<p>If the house is in foreclosure, can the owner try to sale it a DAY before the banks final foreclosure auction.  Will that help the owners credit score, by that time?</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">Their credit score would not be effected.</p>
<p>If they can close the deal before the auction they can sell the house.  Unless the buyer is paying cash it takes at least a couple of weeks to close.</p>
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<p class="name">Mark asks…</p>
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<h2>Why would the bank attorney reverse a foreclosure?</h2>
<p>My parents divorced two years back and they both moved out of the home they shared. My father had already defaulted on the mortgage and it ended up in foreclosure. The <strong>bank</strong> was supposed to auction it off two weeks ago, but apparently the <strong>bank</strong>'s attorney decided to request a reversal on the foreclosure. Why would this occur? Some background is that I don't know if this has something to do with my father because we are estranged from him, so I just wanted some ideas on why something like this would occur?</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">The only method is to analyze your case, find a lawyer in http://www.americaslegalattorneys.com here you will find attorneys in foreclosure section</p>
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<p class="name">Daniel asks…</p>
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<div class="dtm-content">
<h2>Help me write a letter to the bank requesting foreclosure?</h2>
<p>My friend signed all the paper work for bankruptcy and the bankruptcy  lawyer told her to fax a letter to the <strong>bank</strong> to let them know that she cant make anymore payment and the <strong>bank</strong> can do a Foreclosure on the house.<br />
Can someone please help me write this letter as i don't wanna make any mistake.what exactly she should say to make it urgent and brief.also how long can she stay in the house for she is behind 4 month's of payments.<br />
i will appreciate all your help.Thank you</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">This doesn't make any sense at all.  Once your friend has filed for bankruptcy, all collections (including foreclosures) must cease.  (Federal Law supercedes state and local laws -- that's why collections must cease.)</p>
<p>Here's what I would write:</p>
<p>Dear ______,</p>
<p>As of June ___, 2009, I filed for protection under the federal bankruptcy laws in the Bankruptcy Court located at ______.  The case number is _______.  My attorney is _____, and he/she may be contacted at _______.</p>
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		<pubDate>Wed, 01 Feb 2012 04:05:04 +0000</pubDate>
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		<description><![CDATA[Betty asks… In My Situation is it Possible to Get a Home Loan With a Co-Signer? Me and my husband would like to purchase a foreclosure home in California for $699,000. I have a credit score of 560 and my husband doesn't have any credit, his score is O. Our combine income is about $120,000. [...]<p><a href="http://www.bank-foreclosed-homes-forsale.com/faq-foreclosed-homes-253/">Faq Foreclosed Homes</a> is a post from: <a href="http://www.bank-foreclosed-homes-forsale.com">Bank Foreclosed Homes For Sale</a></p>
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<p class="name">Betty asks…</p>
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<h2>In My Situation is it Possible to Get a Home Loan With a Co-Signer?</h2>
<p>Me and my  husband would like to purchase a foreclosure home in <strong>California</strong> for $699,000. I have a credit score of 560 and my husband doesn't have any credit, his score is O.  Our combine income is about $120,000. My parents have perfect credit and are willing to co-signed for us in hopes to get a loan. Would a loan be possible in our situation the way the banks are now? Any advise would be helpful and yes, we are working on rebuilding our credit. Thank you.</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">I doubt if a co-sign would be acceptable to the bank without some secured collateral for that much money.  Your parents will long since be dead before this loan is paid for so you can't blame the banks for not rushing into this deal.</p>
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<p class="name">Jenny asks…</p>
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<h2>Are the politicians telling you YOUR ON YOUR OWN if so what is your economic survival strategy?</h2>
<p><strong>California</strong> -- once the 8th largest economy on the planet --- the political masters of the federation have expanded wars but <strong>California</strong> is just on its own now --- insolvent Katrina the oil spill that saw workers being denied respirators --- you are on your own </p>
<p> So --- oil leaks in Michigan the Gulf of Mexico -- hurricanes that still haven't been fully recovered from nor have any of the asbestos trailers been dismantled -- just stored empty 100 banks or so in bankruptcy <strong>foreclosures</strong> and so on If it happens it is about sinking and swimming </p>
<p> So what is your economic strategy</p>
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<h3> answers:</h3>
<p class="dtm-content">Just what it always has been....don't go in for credit and grow a few veggies.I figured out years ago they were telling me I was on my own. I never had enough money to lose anything in the economic meltdown and I don't trust any politician of any stamp to do anything which benefits society more than it benefits themselves.</p>
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<p class="name">David asks…</p>
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<h2>How can I help save my 70 year old father's house?</h2>
<p>I know millions are going through this crisis. Is there an advocacy group or something that I can contact to stop the foreclosure or at least slow the process? He already received his notice to vacate and he has till the beginning of March to leave.<br />
It hurts that this man is 70, I grew up in his house and he has had this house close to 30 years.<br />
He mentioned to me that something illegal in his <strong>bank</strong> got the best of him, I personally don't know.<br />
Where should I start? He is in <strong>California</strong>.<br />
He refinanced a few years ago which made his payments sky rocket. The value of his house declined dramatically and he couldn't pay 2k on a house that went from 300,000 to 75,000<br />
He received a notice to vacate the beginning of this month. He has til the beginning of March to get out. <img src='http://www.bank-foreclosed-homes-forsale.com/wp-includes/images/smilies/icon_sad.gif' alt=':(' class='wp-smiley' /> </p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">You need to find out more of what happened.  A house he has owned for 30 years should be paid for.  Did he take out a loan recently?  What did he do with the money?</p>
<p>Ask the city, county or senior citizen center for guidance.</p>
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<div class="asker">
<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/plugins/digitrafficmultiplier/headshots/Lizzie.png" width="80" height="80" /></p>
<p class="name">Lizzie asks…</p>
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<div class="dtm-content">
<h2>Can the MORTGAGE COMPANY garnish my wages, after a foreclosure? I live in California.?</h2>
<p>Purchased the home for $468,000.00.  House has DEPRECIATED $200k since I bought 3 years ago.  May is the first month I will not be paying my mortgage. </p>
<p>I want to know, can the <strong>bank</strong>'s garnish my wages? Will they come after me for the difference, after the property sells?  Or will they just make it a wash?</p>
<p>If anyone has gone through this in Riverside County, I would like to hear from you especially the length of time I can stay at my home, before evicition too.</p>
<p>I am just confused, nervous and hate to leave, but I don't see the housing market going up $200k anytime soon.<br />
I read <strong>california</strong> was a non judicial foreclosure state, in which they CAN NOT garnish wages.  that is why so many people are walking away.  Plus, it costs the Mortgage company additional money to go after you.  Please HELP ME.  LINKS OR ANYTHING WILL WORK<br />
tell me if I am right then:</p>
<p>NON JUDICIAL-WILL TAKE THE HOUSE AND THAT IS IT?</p>
<p>JUDICIAL-THEY WILL ISSUE FORECLOSURE AND SUE.  I will have to repay the difference?</p>
<p>What is the Norm. for <strong>California</strong>?</p>
<p>Also, do they conside the difference between selling and what I owe, Taxable Income?</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">The answer to your question about a deficiency judgment is no. Look at your loan docs you signed. They will outline the collateral the lender will attempt to go after in the event of your failure to make you monthly mortgage payments.</p>
<p>They also will not garnish your  wages for any difference that  might arise from what you  have outlined in your question.</p>
<p>California is a judicial foreclosure state. Your lender will decide when they will issue a "Notice of Foreclosure."</p>
<p>From that date you have 90 days to cure the foreclosure through making up the back payments with your current lender or securing another mortgage with another mortgage company.</p>
<p>After the 90 days have elapsed or when your lender make the decision you will be issued a "Notice of Sale." This notice will give you 20 days in which to get another mortgage with another lender. Normally the lender will not entertain the idea of refinancing the mortgage.</p>
<p>You might contact your lender to see if they can offer you other solutions as oppose to foreclosure. Contact the Loss Mitigation Department.</p>
<p>Why do you want to stop making payments if you can afford the monthly mortgage payments. It is better than paying rent, because you will be betting the eventually in the next 3-5 years you will  start accumulating equity once again. Paying rent you are simply stagnant .</p>
<p>I hope this has been of some use to you, good luck.</p>
<p>"FIGHT ON"</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/plugins/digitrafficmultiplier/headshots/Sharon.png" width="80" height="80" /></p>
<p class="name">Sharon asks…</p>
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<h2>Another Property management company took over my lease, can they charge a late fee?</h2>
<p>A few months ago we got a letter from the Superior Court of <strong>California</strong> stating that the house we are renting is in foreclosure because the property management company we were paying our rent to filed bankruptcy.  We had another property management company come in and take over the rent collections for the <strong>bank</strong> as ordered by the court.  We did not sign any landlord/tenant agreement with them.  They have already tried to charge us a late fee (even though our rent was not late) but can they legally even charge us without any written agreement?  And what happens with our deposit?</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">They do not need a new agreement, the one you signed with the original company still stands.</p>
<p>Nothing happens to your deposit, not on your end anyway.   In CA they have to refund your deposit, minus any damage or bills within 21 days of you moving out.    Your lease stands though, you have no right to break it.  THe new company will be the ones refunding your deposit, if you are otherwise entitled to it.</p>
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		<pubDate>Tue, 31 Jan 2012 04:05:04 +0000</pubDate>
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		<description><![CDATA[John asks… Do the banks have foreclosure lists, without having to buy them? ? answers: No. Banks employ Realtors to market their properties. If you want a list of foreclosure auctions, do a search here, there are a ton of links you can spend time browsing through. Michael asks… Bank-owned home? Foreclosure? I found a [...]<p><a href="http://www.bank-foreclosed-homes-forsale.com/faq-foreclosed-homes-252/">Faq Foreclosed Homes</a> is a post from: <a href="http://www.bank-foreclosed-homes-forsale.com">Bank Foreclosed Homes For Sale</a></p>
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			<content:encoded><![CDATA[<p></p><div class="dtm-faq">
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<p class="name">John asks…</p>
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<h2>Do the banks have foreclosure lists, without having to buy them? ?</h2>
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<h3> answers:</h3>
<p class="dtm-content">No.</p>
<p>Banks employ Realtors to market their properties.</p>
<p>If you want a list of foreclosure auctions, do a search here, there are a ton of links you can spend time browsing through.</p>
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<p class="name">Michael asks…</p>
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<h2>Bank-owned home? Foreclosure?</h2>
<p>I found a home online that is '<strong>bank</strong>-owned'.  What does this mean?  The website doesn't <strong>list</strong> the <strong>bank</strong>, but I have the address of the home.  Who would I need to contact about it?</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">You would contact the listing agent or auction company (depending on how they are selling it) and/or you would contact your buyer agent if you have one.  I strongly recommend using one. I am an agent and the last several foreclosure units where I represented a buyer, the listing agent (who represented the bank) made some major material error. These appeared to be a product of just having too many foreclosure listings. For example, one associate in a "foreclosure factory" accidentally mailed the earnest deposit ($30,000) to the wrong escrow firm. It almost derailed the deal.  My buyer was not amused.  </p>
<p>The only real difference in the transaction is that the bank draws up a ridiculously tilted contract rider absolving them from any defect and making the buyer's deposit binding. Also, they tend to refuse to make any repairs. They get more negotiable if you are offering all cash because no loan is in play. Also, they like quick closing periods.</p>
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<p class="name">Mandy asks…</p>
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<h2>I own a home that is going into foreclosure. I recently purchased another home. Can the bank come after it?</h2>
<p>I live in Minnesota. I own a home that is going into foreclosure. I recently purchased a new home with a friend. We are both co-owners of the second home. Can the banks/debt collectors come after my second home? I am listed on the deed and mortgage for both houses.<br />
I purchased the 2nd home before the first one ended up in foreclosure. The other party involved in the purchase of the first home decided to let it go.</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">You can get these questions answered from a real estate attorney for a low monthly membership with Pre-Paid Legal Services.  Check it out at www.prepaidlegal/hub/jpflanz, you will be glad you did.  Unlimited access to an attorney for legal questions.</p>
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<p class="name">David asks…</p>
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<h2>Where can I receive the N.O.D. list?</h2>
<p>I'm looking for the NOD(Notice of Default) <strong>list</strong>. Im looking for local <strong>foreclosures</strong>, pre-foreclosues, <strong>Bank</strong> owned properties, etc. I was told to look at the county courthouse, via Data Processing Dept, but when I call, they don't know what I'm talking about.. I live in Los Angeles, CA (Koreatown). Can someone lead me in the right direction.<br />
P.S. I was also told that it is public information. Was I lied to?</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">Read the legal notice section in your local classified section.</p>
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<p class="name">Lisa asks…</p>
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<h2>Why are some foreclosures listed at such low values when they clearly couldn't possibly be that price?</h2>
<p>I have been doing research on buying a foreclosure and I understand about preforeclosure, auctions and <strong>bank</strong> owned REO properties, but what I cannot understand is when I go to a website such as Realtytrac.com and do a random search in my area and find most 3 or 4 bedroom homes in the 250,000 to 350,000 range, but then there are a few listed at around the 3200 or 8600 or 26000ish range.  I know that there is no possible way that these homes cost this much, so why are the amounts being listed as such?</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">Realtytrac does not sell houses. They sell lists.  The lists are of homes that have received (or might soon) a letter of foreclosure.  That could be from a lender, taxes or home owners association.</p>
<p>If an owner is behind on their HOA dues, the HOA could file a letter of foreclosure for the $800 owed.  That means that at the courthouse steps, you could start bidding on the house for the $800 - for the rights the HOA has to the property - and inherit any other liens (like the upside down mortgage)</p>
<p>To buy a house for $3,200 you have to go to Detroit.  In Detroit, values will continue to drop for the next ten years, so expect to hold it, paying the property taxes and evicting the drug dealers for a while. Then, in 2022 you can sell it for about $15,000.</p>
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		<pubDate>Mon, 30 Jan 2012 04:05:04 +0000</pubDate>
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		<description><![CDATA[Sandra asks… I just put a contract on a short sale house, the house cost $265k back in 2006, the selling price on the MLS.. is $105,900, I offered $110k to include closing costs. The seller's bank is Banco Popular of North America. Has someone know how the do with short sale buyers offers and [...]<p><a href="http://www.bank-foreclosed-homes-forsale.com/faq-foreclosed-homes-251/">Faq Foreclosed Homes</a> is a post from: <a href="http://www.bank-foreclosed-homes-forsale.com">Bank Foreclosed Homes For Sale</a></p>
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			<content:encoded><![CDATA[<p></p><div class="dtm-faq">
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/plugins/digitrafficmultiplier/headshots/Sandra.png" width="80" height="80" /></p>
<p class="name">Sandra asks…</p>
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<h2>I just put a contract on a short sale house, the house cost $265k back in 2006, the selling price on the MLS..</h2>
<p>is $105,900, I offered $110k to include closing costs. The seller's <strong>bank</strong> is Banco Popular of North America.  Has someone know how the do with short sale buyers offers and if they are an easy going <strong>bank</strong>? Where I live <strong>in</strong> <strong>Florida</strong> all the houses are upside down <strong>in</strong> value, so a lot of short sales and <strong>foreclosures</strong>.  I'm hoping this <strong>bank</strong> accpets my offer.</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">Some banks don't allow seller concessions.  If you can get your own bank to roll in the closing costs into the loan, it may help.  Banks like your offer to be as clean as possible, meaning not too much contingencies.</p>
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<div class="asker">
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<p class="name">Lizzie asks…</p>
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<div class="dtm-content">
<h2>Buying a condo from a seller that just bought it in an auction, what's the risk?</h2>
<p>I am planning to buy a condo <strong>in</strong> <strong>Florida</strong> and it was listed as a foreclosure, but I just found out the seller just bought it <strong>in</strong> an auction 30 days ago.  I am planning to get a mortgage, so I know the <strong>bank</strong> has to protect its interests, but what are the risks of getting a "special warranty deed" and closing with the sellers title company?  Thank you</p>
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<div class="answer">
<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">Call a local title company and ask about what a special warranty deed means in your area.   It is my understanding that the special warranty deed is a very strong way to convey title, but just give them a call to check.</p>
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<p class="name">Donald asks…</p>
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<div class="dtm-content">
<h2>IAM RENTING AND THE HOUSE IS GOING ON FORECLOSURE.WHAT TYPE OF RIGHTS DO I HAVE AS A TENANT?</h2>
<p>ABOUT 3 MONTHS AGO I RENTED A HOUSE <strong>IN</strong> <strong>FLORIDA</strong>,JUST FOUND OUT THAT THE HOUSE IS GOING ON FORECLOSURE.THEY(<strong>BANK</strong>) HAVE A LAWSUIT AGANIST THE OWNERS.WHAT SHOULD I DO? THERES PEOPLE THAT TELLS ME "DONT PAY HER PUT THE MONEY ON A "ESCROW ACCOUNT"CAN I DO THAT?I HAVE A SPECIAL KID AND I CANT AFFORD MOVE AGAIN RIGHT NOW PLUS I DONT KNOW IF SHES GONNA GIVE ME MY DEPOSIT.ALSO I HEARD ABOUT "CASH FOR KEYS".THAT SOMETHING YOU ASK THE <strong>BANK</strong> THAT TAKES POSSESION OF THE HOUSE TO MAKE A DEAL WITH YOU AND HELP YOU OUT TO MOVE GIVING YOU SOME MONEY.HOW CAN I CONTACT THE <strong>BANK</strong> IF I DONT HAVE THE PHONE NUMBER ONLY THE NAME OF THE <strong>BANK</strong>.HOW I SEARCH FOR IT?WHEN I RECEIVE THOSE PAPERS AT MY HOUSE THAT MEANS SHES DEFINETELY GOING ON FORECLOSURE OR THE PROCESS IS JUST STARTING?PLEASE HELP!</p>
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<p class="headshot"><img src="http://www.bank-foreclosed-homes-forsale.com/wp-content/uploads/2011/05/Chuck75-cropped.jpg" /></p>
<h3> answers:</h3>
<p class="dtm-content">As has been said several times, you are still required to pay your rent to avoid being sued.  Chances are, unless you can buy the house, you are going to have to move in the near future.  You could get cash for keys from the bank, IF the bank is the new owner.  I'm not familiar with the foreclosure process in FL, but the bank doesn't necessarily repossess the house; in some states it goes up for public auction and anyone could become the new owner.</p>
<p>You will likely have to move, but you may be able to sue the landlord for not delivering the rental for the entire lease term.  See the article in my "Source(s)" for more info on that.</p>
<p>Good luck.</p>
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<p class="name">Sharon asks…</p>
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<div class="dtm-content">
<h2>is setting up an llc important to protect assets from a judgement?</h2>
<p>I have a foreclosure coming up soon <strong>in</strong> new jersey and i was wondering if setting up an limited liability company would be a smart move to protect cash monies. i live <strong>in</strong> <strong>florida</strong> so they cant touch my house here and as head of household they cant garnish my wages. i would like to put all my money into a <strong>bank</strong> account under my LLC.does anybody have knowledge of this kind of asset protection.</p>
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<h3> answers:</h3>
<p class="dtm-content">If the LLC is set-up for a legitimate business that yes it is a good idea.  If you are setting it up as a way of hiding money with no legitimate reason for the LLC other that to stash assets, then your LLC is pretty worthless.  You must prove that those assets are for business purposes.</p>
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<p class="name">James asks…</p>
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<h2>Should Obama be worried that foreclosures during April are UP 32% from last year?</h2>
<p>Seems like this whole house of cards is coming down soon enough.</p>
<p>http://finance.yahoo.com/news/RealtyTrac-April-<strong>foreclosures</strong>-apf-15225719.html</p>
<p>The number of U.S. households faced with losing their homes to foreclosure jumped 32 percent <strong>in</strong> April compared with the same month last year, with Nevada, <strong>Florida</strong> and California showing the highest rates, according to data released Wednesday. Ohio was <strong>in</strong> the top 10............"We've never seen two consecutive months like this," said Rick Sharga, RealtyTrac's senior vice president for marketing. "It's the volume that's surprising."</p>
<p>While total foreclosure activity was up, the number of repossessions by banks was down on a monthly and annual basis to their lowest level since March of last year, RealtyTrac said.</p>
<p>But that's far from positive news. Because much of the foreclosure activity <strong>in</strong> April was <strong>in</strong> the default and auction stages -- the first parts of the foreclosure process -- it's likely that repossessions will increase <strong>in</strong> coming months, RealtyTrac said.<br />
alarmist...........I didn't forget.<br />
alarmist........also, are you implying these numbers are somehow positive??</p>
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<h3> answers:</h3>
<p class="dtm-content">Why would he care? Rezko got him a sweet deal on his  house in Chicago, and he's rent free in D.C. You don't possibly think he would worry about us do you, his own brother lives in a shack and his Aunt is living illegally off the system.</p>
<p>@Alarmist .... May's housing is down from April and so is spending.  FYI</p>
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		<pubDate>Sun, 29 Jan 2012 03:05:04 +0000</pubDate>
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		<description><![CDATA[Daniel asks… The bank does not want to negotiate a SHORT SALE! What should I do??? HELP!? My mom bought her town house approximately 7 years ago for 435,000 plus some 30,000 in improvements. With the depleting real estate industry in California the fair market value of the house is 189,000. She went to see [...]<p><a href="http://www.bank-foreclosed-homes-forsale.com/faq-foreclosed-homes-250/">Faq Foreclosed Homes</a> is a post from: <a href="http://www.bank-foreclosed-homes-forsale.com">Bank Foreclosed Homes For Sale</a></p>
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			<content:encoded><![CDATA[<p></p><div class="dtm-faq">
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<p class="name">Daniel asks…</p>
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<h2>The bank does not want to negotiate a SHORT SALE! What should I do??? HELP!?</h2>
<p>My mom bought her town house approximately 7 years ago for 435,000 plus some 30,000 in improvements.  With the depleting real estate industry in <strong>California</strong> the fair market value of the house is 189,000.  She went to see her realtor to do a short sale, since the loan modification didn’t worked out (it only reduce the monthly payment for around $200).  Everything was alright until the Credit Union calls the realtor and told her that they were not going to do any kind of negotiation.  They also told the realtor that they do not have any <strong>foreclosures</strong> because they are very selective with their clients.   The realtor told my mom that is the first time a <strong>bank</strong> calls her saying no to any king of negotiation.  The realtor had sold over 10 houses in same neighborhood on Short Sales and all banks she’s been dealing, they have been open to negotiations.  In addition, my mom is 60 right now and in the past year she’s been having some serious health problems (heart, cholesterol, etc.).  And a lot of them are related with the stress of the mortgage payments.  She has two jobs to support her self, which is not recommended due to her age and heath conditions.</p>
<p>What my mom should do?? Please help! If you have some websites with laws or laws interpretation related with this will be helpful!! Thanks</p>
<p>Note:  She bought the townhouse as an investment.  Seven years ago things were great in the area she’s living, so the plans were buy it, live it for a few years a sell it.  With the supposedly gain, she was going to build her retire home in her home country and live from the pension she’s receiving.<br />
The 2007 Mortgage Forgiveness Debt Relief Act (Public Law 110-142, HR 3648), amended the tax laws to allow borrowers negotiating the loan on their primary residence to avoid having to declare this debt as income (limited to debts of $2 million or less.).</p>
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<h3> answers:</h3>
<p class="dtm-content">Was your mom trying to do the short sale for less than was owed on the house if so that is why they said no she would of still been liable for the remainder of the loan and in some states the lender can not or will not foreclose on a home that is owing more than it is worth.Sometimes they just sit and wait till the value goes back up and then they take action </p>
<p>If your mom is current try and refinance or find some one who will buy the house for what is owed if that is what she did before and they said no than either let the house go and be stuck having to pay taxes on the amount foreclosed on keep paying the high amount and just deal with it or file bankruptcy and let the trusty work out a new payment or you can try to hire a negotiator to try to make a deal with her lender those are the only things I know to do</p>
<p>edit: Also when you do a mod they take your finances so they think that your mom can afford her new payment if her finances have changed since she did the mod then she needs to call the lender and have them do a new financial assessment and see if they have and other things that she qualifies for but most lenders will only allow one mod  per loan but some will let you do it more than once</p>
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<p class="name">Michael asks…</p>
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<h2>Short sale or Foreclosure and Assets? California?</h2>
<p>So we bought our house 2.5 years ago we paid 417.000 for it it is now valued at 220.000 my wife lost her job and now is going to school.<br />
 We can no longer afford to make our house payments. So we tried to get a modification we were denied. So we are looking at short sale or foreclosure we are 4-5 payments behind.<br />
 We own 2001 dodge truck 2003 honda mini van and two harley's 1999<br />
and a 1996 and a 1988 ski boat. can the <strong>bank</strong> take any of our vehicles.<br />
 And what do you recommend us to do? This is our primary residence with no additional loans on the property..</p>
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<h3> answers:</h3>
<p class="dtm-content">I doubt you will get the short sale, just as with the modification, you are in your situation by choice.</p>
<p>Your wife could work.</p>
<p>You could sell some of your assets.</p>
<p>Since you think you need 5 vehicle's and your wife likes not working foreclosure would be your only option.</p>
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<p class="name">Richard asks…</p>
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<h2>how long will it take for bank to take house?</h2>
<p>i have a cousin that has a house in <strong>California</strong> that she bought with now deceased boyfriend. he past away in 2007 and she kept up the payments for about a year which were 2400, then in late 2008, she stopped paying the payments. the <strong>bank</strong> which is <strong>bank</strong> of america, has not taken the house and has not even sent any notices of past due or what not. she has had people renting out the house cuz she couldn't live in it, and they have been renting it out for about year and a half now. my cousin is now paranoid that the <strong>bank</strong> can just come one day and tell her renters get out which is true but is there some sort of notice or sign that this will get ready to happen. she knows some one that works in real estate and had them look up the status of the house and its not in foreclosure status but the interest that has accumulated is like 45,000. the house is not in her name so calling the <strong>bank</strong> cant solve anything because they wont release info to her, like i said, is there a sign or will they send notice saying anything about foreclosure or can the <strong>bank</strong> just pop up and be like get out....let me know. thanks</p>
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<h3> answers:</h3>
<p class="dtm-content">I've seen it take anywhere from 3 to 7 years for a bank to forclose on a house. But it's kinda Illegal for her to be renting a house out that isn't hers, even if it is her boyfriends. If the bank shows up one day to value the house then shit will hit the fan.</p>
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<p class="name">Mary asks…</p>
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<h2>Mortgage/Foreclosure/Bankruptcy question in California?</h2>
<p>My wife and I were dicharged a chapter 7 BK over 1 year ago.   We continued making payments on our home; but never reaffirmed the mortgage.   We are now behind in our payments and the home is worth considerably less than the loan.   How long will we be able to stay in the house before the <strong>bank</strong> takes the house and will we have ample notification from the <strong>bank</strong>?   We have no plans to keep the house at this point.<br />
I have heard anywhere from 6 months-year because of the backlog--I want to know how much time I have to pack--or can they just kick us out on a day's notice?   I know a foreclosure-they give 90 days notice---but this house is included in BK filing already.  Thanks!</p>
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<h3> answers:</h3>
<p class="dtm-content">Not sure about this but i heard something on tv yesterday about it being 6 month to a year before they can actually foreclose and move you out.</p>
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<p class="name">James asks…</p>
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<h2>Foreclosure?</h2>
<p>I have two homes that I am buying from the <strong>bank</strong>. I know that one Foreclosure is bad for your credit-But my question is, how bad is two <strong>foreclosures</strong> in <strong>California</strong>?</p>
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<h3> answers:</h3>
<p class="dtm-content">Your question is slightly confusing.  You purchasing a home as a Bank owned REO is different than going though a non-judicial foreclosure.  If you are puchasing two properties knowingly getting cash out, and intend on not paying immediately- that is fraudulent and they will seek deficiencies against you and any other Borrower or Gurantors- which will be devastating to your credit.</p>
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		<pubDate>Sat, 28 Jan 2012 03:05:04 +0000</pubDate>
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		<description><![CDATA[Mary asks… do banks give out free foreclosure lists? i am looking for foreclosure homes to look at and i cant seem to find any websites that give me the exact address of the homes so i can go check them out, so im wondering if i can get a list of the homes in [...]<p><a href="http://www.bank-foreclosed-homes-forsale.com/faq-foreclosed-homes-249/">Faq Foreclosed Homes</a> is a post from: <a href="http://www.bank-foreclosed-homes-forsale.com">Bank Foreclosed Homes For Sale</a></p>
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			<content:encoded><![CDATA[<p></p><div class="dtm-faq">
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<p class="name">Mary asks…</p>
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<h2>do banks give out free foreclosure lists?</h2>
<p>i am looking for foreclosure homes to look at<br />
and i cant seem to find any websites that give me the exact address of the homes so i can go check them out,<br />
so im wondering if i can get a <strong>list</strong> of the homes in the <strong>bank</strong>?<br />
i have a <strong>bank</strong> of america account by the way, dont know if that matters</p>
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<h3> answers:</h3>
<p class="dtm-content">All you need do is contact a real estate agent with whom you are comfortable.  Over 95% of foreclosed properties are listed with real estate brokerage for disposition.  A real estate agent can show you any or all of them.</p>
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<p class="name">Maria asks…</p>
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<h2>can you see a bank's "shadow inventory"?</h2>
<p>I've had my eye on this one house that was being built. No one has been working on it in months and it's clearly not finished. I looked through the <strong>foreclosures</strong> and it wasn't listed. Later I found that banks can have 'shadow inventories' where they keep what they aren't selling.<br />
I'm very interested in this house and I want to know if there is a way to see what <strong>bank</strong> it is listed under and, if so, how much it will cost.<br />
Is that possible?</p>
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<h3> answers:</h3>
<p class="dtm-content">You can call the builder and see who was doing his financing and make them a cash offer only. You cannot get a mortgage on a home with out a certificate of occupancy</p>
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<p class="name">Ken asks…</p>
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<h2>Are there public list of homes prior to foreclosure and people interested in short sale?</h2>
<p>I am looking for people interested in short sales for homes and I need a <strong>list</strong> of people who need their homes sold fast.  Is there a public <strong>list</strong> that I can use to find people who really need help with this? Would the banks provide the information if I ask for addresses?<br />
Thanks</p>
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<h3> answers:</h3>
<p class="dtm-content">Yes, there is.   Any real estate agent can get you a list of short sale houses, they are listed that way in the MLS.    However, those are not going to be sold fast, short sales take a very long time because the bank has to get involved.</p>
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<p class="name">Jenny asks…</p>
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<h2>What are the advantages and disadvantages of buying a pre-foreclosure?</h2>
<p>I understand a preforclosure means the <strong>bank</strong> has not yet taken possession (the owner still owns the house). but will the seller be easier to work with or the <strong>bank</strong> when it does become an actual foreclosure? If I wait, can I count on the <strong>bank</strong> listing at a lower price than what it is now listed at?</p>
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<h3> answers:</h3>
<p class="dtm-content">When working on buying foreclosure properties at any point, you have to realize that you do not have time to fool around, because there is no shortage of people that want to buy a home for $100,000 under market value.  The really good deals last about five minutes. </p>
<p>On the other hand, you can buy a really bad deal in a hurry, too, so making snap decisions will cost you money. </p>
<p>You have to know how to check the land records yourself to find all the liens against the property, how to estimate current loan payoff amounts, and how to estimate the cost of structural matters.  And you have to be able to do all of that faster than the other people that want to do what you're doing.  </p>
<p>In my experience, banks don't negotiate much with buyers.  They will sometimes negotiate with sellers, but they aren't interested in getting into negotiations with someone that may or may not actually buy.</p>
<p>However, sellers can be hard to work with if they have no equity.  They don't like the idea of signing a contract that has them bringing money to the closing table, in the hopes that the payoff can be negotiated for less than the full amount. </p>
<p>Once the bank owns it, it's anyone's guess whether they are easier to work with, or will give a lower price.  Sometimes the block to a seller sale is the second mortgage, which is now gone, and you can get a better price.  Generally their contracts are so lopsided on the non-price terms that it is actually a chore to get them to the closing table. </p>
<p>It varies.  Buying foreclosure properties at any stage is not for the faint of heart.  If you're new to real estate, get a really good attorney, as the pitfalls are pretty deep.</p>
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<p class="name">Mark asks…</p>
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<h2>Short Sale offers, how much should I list my house for?</h2>
<p>My house has been for sale for a year now and I can no longer afford to make payments.  I want to try to do a short sale before I consider foreclosure, but the <strong>bank</strong> will give me no suggstions as to how much an acceptable lowball offer would be.  I owe 165,000 on the house and want to get out of there asap!!! I was thinking 139,999, what do you think would be the lowest the <strong>bank</strong> would take?</p>
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<h3> answers:</h3>
<p class="dtm-content">You would think the bank would want to give you some guidance.  But they are not really in a position to know the value of your property.</p>
<p>What I have seen is that the bank requires that a professional, licensed real estate agent list the property for sale.  The agent will have to do a Comparable Market Analysis (CMA) showing what comparable properties have sold for recently.  As you can imagine, in some cases there haven't been any sales - but a good agent should be able to work around this.</p>
<p>Anyway, in TX, I have seen some "Short Sale" real estate agents put  low asking prices on the properties.  They need to get offers in to present to the bank for an approval of an acceptable sales price.</p>
<p>Get a real estate agent experienced in Short Sales...there are more and more of us now.  Get your house listed for sale.  An experienced SS agent will probably tell you to write a letter to your lender outlining why you need a short sale - loss of job, illness, etc.  </p>
<p>Another thing your agent will probably tell you is that so far lenders have been notoriously slow, so figure this could take 3 months or so.</p>
<p>Good luck.</p>
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