Here are a few bits of information on California's foreclosure laws.
Quick Facts
- Judicial Foreclosure Available: Yes
- Non-Judicial Foreclosure Available: Yes
- Primary Security Instruments: Deed of Trust, Mortgage
- Timeline: Typically 120 days
- Right of Redemption: Varies
- Deficiency Judgments Allowed: Varies
In California, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.
Judicial Foreclosure
The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.
Using this type of foreclosure process, lenders may seek a deficiency judgment and under certain circumstances, the borrower may have up to one (1) year to redeem the property.
Non-Judicial Foreclosure
The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines".
Power of Sale Foreclosure Guidelines
If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:
A notice of sale must be: 1) recorded in the county where the property is located at least fourteen (14) days prior to the sale; 2) mailed by certified, return receipt requested, to the borrower at least twenty (20) days before the sale; 3) posted on the property itself at least twenty (20) days before the sale; and 4) posted in one (1) public place in the county where the property is to be sold.
The notice of sale must contain the time and location of the foreclosure sale, as well as the property address, the trustee's name, address and phone number and a statement that the property will be sold at auction.
The borrower has up until five days before the foreclosure sale to cure the default and stop the process.
The sale may be held on any business day between the hours of 9:00 am and 5:00 pm and must take place at the location specified in the notice of sale. The trustee may require proof of the bidders ability to pay their full bid amount. Anyone may bid at the sale, which must be made at public auction to the highest bidder. If necessary, the sale may be postponed by announcement at the time and location of the original foreclosure sale.
Lenders may not seek a deficiency judgment after a non-judicial foreclosure sale and the borrower has no rights of redemption. It's up to each individual lender as to how they proceed.
If you find you are in pre-foreclosure and would like to know all your options, you can call me and receive a no cost/no obligation to you consultation. No need to feel embarrassed or ashamed, do something now so you can start fresh and let me remove this burden from you.
Tuesday, October 26, 2010
Tuesday, October 19, 2010
5 Reasons You Should Sell Your House TODAY!
I love reading Keeping Current Matters and wanted to share this with all of you. Call me if you are thinking of selling, short sale or traditional.
5 Reasons You Should Sell Your House TODAY!
5 Reasons You Should Sell Your House TODAY!by The KCM Crew on October 19, 2010 ·
Selling your house in today’s market can be extremely difficult. It is for that reason that every seller should take advantage of each and every opportunity that appears. Each fall, such an opportunity presents itself. This fall, that opportunity may be just too good to pass up.
Below are five reasons you should consider when pricing your house to sell in the next 90 days. Meet with your real estate agent and mortgage professional today and see whether it is the right move for you and your family.
1. Entering this time of year, the buyers are more serious.
We all realize that buyers are not quick to pull the trigger on the purchase of a home today. There is no sense of urgency with the supply of eligible properties at all time highs. However, at this time of year, the ‘lookers’ are at the stores doing their holiday shopping. The home buyers left in the market are serious and are more apt to make a purchasing decision. Less showings – but to more motivated purchasers.
2. If you are moving up, you can save thousands.
The Chicago Tribune stated in an article last week that sellers who want to ‘trade up’ should act now:
It could be a bigger house, different neighborhood or a better school district, but it comes with a higher price tag. Do the math; this might be the right time.
A home that was once worth $300,000 may now be worth $240,000 in a market where prices have fallen 20 percent. Wow, you think, the seller is taking a bath. But that seller may also be a prospective buyer who wants a house that once was valued at $400,000. With an equivalent market drop and a realistic listing price, that house may now sell for $320,000. So, in effect, the person is losing $60,000 on the sale of one home but coming out ahead $20,000 on the purchase of another.
Keep in mind the spread may be even greater. There’s a smaller pool of potential buyers for more expensive homes, so sellers may be more willing to cut their price to get a deal done.
3. Interest rates just fell again – to 4.19%.
Professor Karl E. Case, the founder of the Case Shiller Pricing Index in an article in the New York Times last month actually did the math for us:
Four years ago, the monthly payment on a $300,000 house with 20 percent down and a mortgage rate of about 6.6 percent was $1,533. Today that $300,000 house would sell for $213,000 and a 30-year fixed-rate mortgage with 20 percent down would carry a rate of about 4.2 percent and a monthly payment of $833 … housing has perhaps never been a better bargain.
4. You beat the rush of inventory that is coming next year.
Every year there is an increase of inventory which comes to market from January through April as homeowners put their houses up for sale in preparation for the spring market. As an example, here is the number of listings available for sale in each of those months in 2010.
January – 3,277,000
February – 3,531,000
March – 3,626,000
April – 4,029,000
You won’t have to worry about this increasing competition if you sell now.
5. You have less ‘discounted’ inventory with which to compete.
This year, sellers of non-distressed properties have been given an early holiday present. With banks declaring a suspension on the sale of many distressed properties (foreclosures), there has been a large supply of discounted properties removed from competition. No one knows how long this self imposed moratorium will last. However, while it does, every homeowner has a better chance of selling their property.
Bottom Line
If you are looking to sell in the near future, there may not be a more opportune time than this fall. Serious buyers, great move-up deals and less competition from foreclosures creates the perfect selling situation. Don’t miss it!
5 Reasons You Should Sell Your House TODAY!
5 Reasons You Should Sell Your House TODAY!by The KCM Crew on October 19, 2010 ·
Selling your house in today’s market can be extremely difficult. It is for that reason that every seller should take advantage of each and every opportunity that appears. Each fall, such an opportunity presents itself. This fall, that opportunity may be just too good to pass up.
Below are five reasons you should consider when pricing your house to sell in the next 90 days. Meet with your real estate agent and mortgage professional today and see whether it is the right move for you and your family.
1. Entering this time of year, the buyers are more serious.
We all realize that buyers are not quick to pull the trigger on the purchase of a home today. There is no sense of urgency with the supply of eligible properties at all time highs. However, at this time of year, the ‘lookers’ are at the stores doing their holiday shopping. The home buyers left in the market are serious and are more apt to make a purchasing decision. Less showings – but to more motivated purchasers.
2. If you are moving up, you can save thousands.
The Chicago Tribune stated in an article last week that sellers who want to ‘trade up’ should act now:
It could be a bigger house, different neighborhood or a better school district, but it comes with a higher price tag. Do the math; this might be the right time.
A home that was once worth $300,000 may now be worth $240,000 in a market where prices have fallen 20 percent. Wow, you think, the seller is taking a bath. But that seller may also be a prospective buyer who wants a house that once was valued at $400,000. With an equivalent market drop and a realistic listing price, that house may now sell for $320,000. So, in effect, the person is losing $60,000 on the sale of one home but coming out ahead $20,000 on the purchase of another.
Keep in mind the spread may be even greater. There’s a smaller pool of potential buyers for more expensive homes, so sellers may be more willing to cut their price to get a deal done.
3. Interest rates just fell again – to 4.19%.
Professor Karl E. Case, the founder of the Case Shiller Pricing Index in an article in the New York Times last month actually did the math for us:
Four years ago, the monthly payment on a $300,000 house with 20 percent down and a mortgage rate of about 6.6 percent was $1,533. Today that $300,000 house would sell for $213,000 and a 30-year fixed-rate mortgage with 20 percent down would carry a rate of about 4.2 percent and a monthly payment of $833 … housing has perhaps never been a better bargain.
4. You beat the rush of inventory that is coming next year.
Every year there is an increase of inventory which comes to market from January through April as homeowners put their houses up for sale in preparation for the spring market. As an example, here is the number of listings available for sale in each of those months in 2010.
January – 3,277,000
February – 3,531,000
March – 3,626,000
April – 4,029,000
You won’t have to worry about this increasing competition if you sell now.
5. You have less ‘discounted’ inventory with which to compete.
This year, sellers of non-distressed properties have been given an early holiday present. With banks declaring a suspension on the sale of many distressed properties (foreclosures), there has been a large supply of discounted properties removed from competition. No one knows how long this self imposed moratorium will last. However, while it does, every homeowner has a better chance of selling their property.
Bottom Line
If you are looking to sell in the near future, there may not be a more opportune time than this fall. Serious buyers, great move-up deals and less competition from foreclosures creates the perfect selling situation. Don’t miss it!
Tuesday, August 17, 2010
Monday, August 16, 2010
Know Your Options To Avoid Foreclosure...You Are Not Alone.
At Century 21 Award we understand how the economy has impacted some of our neighbors in relation to their homes. If you are experiencing difficulty in making your monthly mortgage payment or foresee in the near future a problem, I might be able to help. Despite what you might be hearing from the media, friends or co-workers, there are alternatives to losing your home.
I'm a Certified Short Sale & Foreclosure Resource professional from Century 21 Award, and have been helping owners and prospective homeowners in our communities. I began helping families facing foreclosure, become aware of all the options available for retaining their home or receiving fair market value, and purchasing 2 years later.
New Government Programs - Alternative Options
HAP Home Affordable Program (military only)
HARP Home Affordable Refinance Plan
HAMP Home Affordable Modification Program
HAFA Home Affordable Foreclosure Alternative
Don’t lose your home and/or the equity you’ve worked so hard to build up just because you’re too embarrassed to get advice. We have helped people in your situation, and we can help you too. Please give me a call at 619-417-5645 Let me remove this burden from you.
I'm offering a free and private consultation to review your options. I'll provide you with the information you need, so you can make the best possible decision for you and your family. It’s nothing to be ashamed of millions of homeowners are facing the exact same situation.
NO OBLIGATION - FREE CONSULTATION.
I'm a Certified Short Sale & Foreclosure Resource professional from Century 21 Award, and have been helping owners and prospective homeowners in our communities. I began helping families facing foreclosure, become aware of all the options available for retaining their home or receiving fair market value, and purchasing 2 years later.
New Government Programs - Alternative Options
HAP Home Affordable Program (military only)
HARP Home Affordable Refinance Plan
HAMP Home Affordable Modification Program
HAFA Home Affordable Foreclosure Alternative
Don’t lose your home and/or the equity you’ve worked so hard to build up just because you’re too embarrassed to get advice. We have helped people in your situation, and we can help you too. Please give me a call at 619-417-5645 Let me remove this burden from you.
I'm offering a free and private consultation to review your options. I'll provide you with the information you need, so you can make the best possible decision for you and your family. It’s nothing to be ashamed of millions of homeowners are facing the exact same situation.
NO OBLIGATION - FREE CONSULTATION.
Sunday, May 30, 2010
Smooth sailing...or is there another swell looming ahead??
The housing market is facing more and more homeowners who are 90+ days delinquent but have yet to lose their homes, this is threatening a new wave of foreclosures that could hit just as the real estate market has begun to stabilize.
Approximately 7 million properties could be heading for foreclosure. Some economists think it could take almost three years before all these homes have been put on the market and purchased by new owners. The number of pending foreclosures could grow much bigger over the coming year as more distressed borrowers become delinquent and then if they can't get a loan modification, go through the foreclosure process, which can take up to a year to complete. When these foreclosed properties add to the supply of homes for sale, they could add to a decline in housing prices, which have increased slightly through April. That rise was partly because of the tightened flow of foreclosed homes into the market and the $8000 First Time Buyer Tax Credit. Perfect example of supply and demand, a lot of buyers and not enough inventory.
The rate of seized properties, for example, peaked in the middle of 2008 and fell steadily last year, but the banks expect foreclosures to increase this year, nearly doubling to 45,000 by the fourth quarter.
So the positive housing data may not be signaling a true bottom, as many servicers are holding back on foreclosures and the distressed houses are not yet being offered for sale. It could take almost 3 years to clear the backlog.
While banks foreclosed on fewer homes in February than a month earlier, borrowers continued to fall behind on their payments, adding to the inventory of properties headed toward foreclosure that have yet to be put on the market.
The shadow inventory reflects the increasing lag between defaults and foreclosures. Many lenders are struggling to keep up with the overwhelming number of borrowers who aren't making their payments, they're hesitant to rush in and foreclose, which would mean adding more homes onto the market, bringing prices into decline once again.
If you or anyone you know, would like to avoid foreclosure and know your options, please feel free to contact me.
Approximately 7 million properties could be heading for foreclosure. Some economists think it could take almost three years before all these homes have been put on the market and purchased by new owners. The number of pending foreclosures could grow much bigger over the coming year as more distressed borrowers become delinquent and then if they can't get a loan modification, go through the foreclosure process, which can take up to a year to complete. When these foreclosed properties add to the supply of homes for sale, they could add to a decline in housing prices, which have increased slightly through April. That rise was partly because of the tightened flow of foreclosed homes into the market and the $8000 First Time Buyer Tax Credit. Perfect example of supply and demand, a lot of buyers and not enough inventory.
The rate of seized properties, for example, peaked in the middle of 2008 and fell steadily last year, but the banks expect foreclosures to increase this year, nearly doubling to 45,000 by the fourth quarter.
So the positive housing data may not be signaling a true bottom, as many servicers are holding back on foreclosures and the distressed houses are not yet being offered for sale. It could take almost 3 years to clear the backlog.
While banks foreclosed on fewer homes in February than a month earlier, borrowers continued to fall behind on their payments, adding to the inventory of properties headed toward foreclosure that have yet to be put on the market.
The shadow inventory reflects the increasing lag between defaults and foreclosures. Many lenders are struggling to keep up with the overwhelming number of borrowers who aren't making their payments, they're hesitant to rush in and foreclose, which would mean adding more homes onto the market, bringing prices into decline once again.
If you or anyone you know, would like to avoid foreclosure and know your options, please feel free to contact me.
Thursday, May 13, 2010
Get Your "Crunk On" Starbucks Happy Hour
The days are warming up and the deals are getting better. We need something to help stretch out our dollars a little more these days!
Go to a participating Starbucks between 3 and 5 p.m., and enjoy a half-price Frappuccino® blended beverage.
Feel like getting a head start on happiness? You can create your own favorite Frappuccino® blended beverage right here. Share it with your friends and invite them to meet you. Starbucks is celebrating Happy Hour from now until May 16th.
One per customer, U.S. & Canada stores only. Void where prohibited. Cannot be combined with other offers or discounts.
Or try the Totally Target website. http://www.totallytarget.com/
The deals on here are some of the best. Target lets you use their coupons along with the manufacturer's. Some items are FREE! Especially the items you purchase that have a $5.00 Gift Card along with the purchase.
You can check out the Crazy Koupon Lady as well
So let's stretch those dollars thru the summer and have some fun!
Go to a participating Starbucks between 3 and 5 p.m., and enjoy a half-price Frappuccino® blended beverage.
Feel like getting a head start on happiness? You can create your own favorite Frappuccino® blended beverage right here. Share it with your friends and invite them to meet you. Starbucks is celebrating Happy Hour from now until May 16th.
One per customer, U.S. & Canada stores only. Void where prohibited. Cannot be combined with other offers or discounts.
Or try the Totally Target website. http://www.totallytarget.com/
The deals on here are some of the best. Target lets you use their coupons along with the manufacturer's. Some items are FREE! Especially the items you purchase that have a $5.00 Gift Card along with the purchase.
You can check out the Crazy Koupon Lady as well
So let's stretch those dollars thru the summer and have some fun!
Sunday, February 14, 2010
Great News...5% Conventional Loans Are Back!
That is great news. 5% conventional loans are back! Greenpath Funding is an affiliate of Wells Fargo Home Mortgage. I'm happy to announce we now have Greenpath Funding in our office at CENTURY 21 Award. I work in the Chula Vista - Eastlake office. That means you can arrange for your appointment with myself and John Sagredo, our Home Mortgage Consultant. John has such a great rapport with our clients, willing to go that extra mile. If he can help you improve your credit score he will!
In today's market, you have a better chance of getting your offer accepted with a conventional loan vs FHA. The required credit scores are a little higher, excellent for those with great credit but not enough savings for a 10-20% down payment. Something you might want to learn more about and see if you qualify. It increases your odds when the offer you've submitted is being reviewed.
Please give me a call and let's get you into that new home before the $8,000 First Time Buyer
Credit or "Move-Up"Credit for $6,500 has expired.
Terry L Bursky
REALTOR
619.417.5645
In today's market, you have a better chance of getting your offer accepted with a conventional loan vs FHA. The required credit scores are a little higher, excellent for those with great credit but not enough savings for a 10-20% down payment. Something you might want to learn more about and see if you qualify. It increases your odds when the offer you've submitted is being reviewed.
Please give me a call and let's get you into that new home before the $8,000 First Time Buyer
Credit or "Move-Up"Credit for $6,500 has expired.
Terry L Bursky
REALTOR
619.417.5645
Friday, February 12, 2010
Thinking Of Selling Your Home?
If you are thinking of selling your home, now might be the right time. Traditional sellers... have a great opportunity to receive a "Move-Up" Tax Credit of $6500.
*Short Sales...You are not alone. Many home owners are facing the same stressful times as you might be facing, I can help you through this. Programs such as HAMP (Home Affordable Modification Plan)and HAFA (Home Affordable Foreclosure Alternatives Program) are making it easier to deal with the default and foreclosure rate. If you'd like to try and stay in your home or decide to short sale, I'll be with you every step of the way. In some cases you will be able to purchase another home in as little as 2 years.
*Short Sales...There are no fee's or commissions paid by you (the seller) if you list your home with CENTURY 21 Award
Please give me a call and let's start getting you the help you need and deserve.
Most sincerely,
Terry L Bursky
Realtor
(619) 417-5645
*Short Sales...You are not alone. Many home owners are facing the same stressful times as you might be facing, I can help you through this. Programs such as HAMP (Home Affordable Modification Plan)and HAFA (Home Affordable Foreclosure Alternatives Program) are making it easier to deal with the default and foreclosure rate. If you'd like to try and stay in your home or decide to short sale, I'll be with you every step of the way. In some cases you will be able to purchase another home in as little as 2 years.
*Short Sales...There are no fee's or commissions paid by you (the seller) if you list your home with CENTURY 21 Award
Please give me a call and let's start getting you the help you need and deserve.
Most sincerely,
Terry L Bursky
Realtor
(619) 417-5645
Sunday, January 31, 2010
Distressed Homeowners...help is here.
As REALTORS we're here to help people in their real estate needs. Whether it's finding a new home or keeping the one they currently have. As homeownwers, you do have options to choose from. I'm here to help you try and stay in your home or what ever works best for you.
Beware of Foreclosure Rescue Scams - Help Is Free!
•Beware of anyone who asks you to pay a fee in exchange for a counseling service or modification of a delinquent loan.
•Scam artists often target homeowners who are struggling to meet their mortgage commitment or anxious to sell their homes. Recognize and avoid common scams.
•Assistance from a HUD-approved housing counselor is FREE.
•Beware of people who pressure you to sign papers immediately, or who try to convince you that they can "save" your home if you sign or transfer over the deed to your house.
•Do not sign over the deed to your property to any organization or individual unless you are working directly with your mortgage company to forgive your debt.
•Never make a mortgage payment to anyone other than your mortgage company without their approval.
This is a time for many people facing hardship that need understanding and help for a way out. Keeping their dignity and saving as much of their credit as possible. Legal advice and a tax preparer are always advised before moving forward on a short sale. You should know your options as soon as possible, always have a Plan A,B and C.
www.MakingHomeAffordable.gov has a lot of information I think could be very valuable to homeowners who think they have nowhere to turn. If you find yourself facing a true hardship and need more assistance I'm here to help. You'll have a strong team behind you. CENTURY 21 sells a home every minute of the day.
Beware of Foreclosure Rescue Scams - Help Is Free!
•Beware of anyone who asks you to pay a fee in exchange for a counseling service or modification of a delinquent loan.
•Scam artists often target homeowners who are struggling to meet their mortgage commitment or anxious to sell their homes. Recognize and avoid common scams.
•Assistance from a HUD-approved housing counselor is FREE.
•Beware of people who pressure you to sign papers immediately, or who try to convince you that they can "save" your home if you sign or transfer over the deed to your house.
•Do not sign over the deed to your property to any organization or individual unless you are working directly with your mortgage company to forgive your debt.
•Never make a mortgage payment to anyone other than your mortgage company without their approval.
This is a time for many people facing hardship that need understanding and help for a way out. Keeping their dignity and saving as much of their credit as possible. Legal advice and a tax preparer are always advised before moving forward on a short sale. You should know your options as soon as possible, always have a Plan A,B and C.
www.MakingHomeAffordable.gov has a lot of information I think could be very valuable to homeowners who think they have nowhere to turn. If you find yourself facing a true hardship and need more assistance I'm here to help. You'll have a strong team behind you. CENTURY 21 sells a home every minute of the day.
SHADOW INVENTORY...This Market Is A Crap Shoot!
SHADOW INVENTORY...This Market Is A Crap Shoot!
That's all I hear...Shadow Inventory. The rate of distressed homeowners is still increasing. The amount of foreclosures is at an all time high in San Diego - 19,543. That is our Shadow Inventory, almost growing like a mold. Not black but RED. Homes that have been foreclosed on and yet not listed for sale. I see them all over the community. When I take buyers out for viewing properties they want to know if I know when that property is coming on the market. If I know anything about it. I can't tell them a heck of a lot if it's not listed yet. Used to be you could really spot them quickly...dead grass, tall weeds and tons of newspapers and "help" advertisements littering the driveways and doorsteps. Now, it's more controlled, the HOA's or the list agents are fined for leaving a yard go without maintenance. The neighborhoods are looking greener and the streets tidy...still the Shadow Inventory lurks like mold, waiting to be cleaned up.
Whose going to do the cleaning up? Politicians with their moratoriums and bail out programs? A high percentage of loan mods don't work and if they do not for very long. We as Realtors all wait to see the latest and greatest new programs to help, but it's not working.
I say open the trickle of foreclosed homes to a steady flow. We all know there are plenty of buyers wanting to purchase these homes. Why have homes with 30-60 offers on them when the house next door is waiting, empty and available? So it's all a crap shoot as to where this market will really go this year. Here in San Diego the best thing to do is loosen the comps, tighten the closing costs credit and put your best loan forward cause it doesn't seem to be getting any easier. Gone are the low balling days and getting 3+ % in closing costs credit. I know I'll find my buyers great properties to come home to at night. It's just going to take a little more time and patience on everyone's part.
That's all I hear...Shadow Inventory. The rate of distressed homeowners is still increasing. The amount of foreclosures is at an all time high in San Diego - 19,543. That is our Shadow Inventory, almost growing like a mold. Not black but RED. Homes that have been foreclosed on and yet not listed for sale. I see them all over the community. When I take buyers out for viewing properties they want to know if I know when that property is coming on the market. If I know anything about it. I can't tell them a heck of a lot if it's not listed yet. Used to be you could really spot them quickly...dead grass, tall weeds and tons of newspapers and "help" advertisements littering the driveways and doorsteps. Now, it's more controlled, the HOA's or the list agents are fined for leaving a yard go without maintenance. The neighborhoods are looking greener and the streets tidy...still the Shadow Inventory lurks like mold, waiting to be cleaned up.
Whose going to do the cleaning up? Politicians with their moratoriums and bail out programs? A high percentage of loan mods don't work and if they do not for very long. We as Realtors all wait to see the latest and greatest new programs to help, but it's not working.
I say open the trickle of foreclosed homes to a steady flow. We all know there are plenty of buyers wanting to purchase these homes. Why have homes with 30-60 offers on them when the house next door is waiting, empty and available? So it's all a crap shoot as to where this market will really go this year. Here in San Diego the best thing to do is loosen the comps, tighten the closing costs credit and put your best loan forward cause it doesn't seem to be getting any easier. Gone are the low balling days and getting 3+ % in closing costs credit. I know I'll find my buyers great properties to come home to at night. It's just going to take a little more time and patience on everyone's part.
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