Newbie at the Courthouse

Newbie at the Courthouse

Santa Cruz, CA · Member since 2014 · 9 posts · 3 votes

Hey all, 

I find myself looking into a foreclosure auction at the courthouse. I know it sounds very dangerous for a newbie to start with a foreclosure. So I have been reading every topic about foreclosures and trying to be prepared as much as I can so that risk involved will be minimum. 

So far, I talked to my real estate agent about it and she started with pulling a preliminary report on title. we will proceed with a full report via title company too. 

What really bothers me is that numbers... As I read from different posts, some people unfortunately bid to a second mortgage without noticing it and ended up walking away with capital loss but nothing. 

One of the post was explaining this situation with an example that if the property value is at 200K and if the auction bid ended with a lot less, say 40K, than there is a big chance that this 40K was a second mortgage/lien... 

Well, my situation is similar and somewhat raises flags. This is a property worth about 170K according to other properties all around, but the bid process start at only 16K. And this really bothers me. 

My agent and I did research, so far there is only some HOA fees and mortgage payments/fee are late and needs to be paid which totals around 22K.

I also should mention about the first mortgage. It was 69K in year of 1986 and scheduled to be end in 2026. (From this, if mortgage owner pay regularly from the beginning, then remaining 22K makes sense)

Another thing is that owner processed a line of credit (100K) against the property in 2007. Now I have absolutely no information if there is a remaining balance for this line of credit. I hope it would become clear after full title search. 

Having said these, I know that I will be buying a title insurance before the auction day... 

My question are :

1- How will I make sure that I am not bidding a second mortgage or some sort (such as IRS lien),  

2 - Will full title search reveal everything? 

3- How does title insurance make my investment immune to any liens that are not recorded?

4- What would be the worst case scenario if I do due diligence, do a full title search and also buy a title insurance?

5-Especially, how does this overall deal sound to foreclosure experienced investors?

Thanks so much for any input.

Cheers

Tom

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Most Popular Reply

Investor · Boca Raton, FL · Member since 2012 · 1k+ posts · 1k+ votes
12y

It could be the 1st mortgage is the one foreclosing on this property, however since you mentioned there's a LOC registered as well, you need to determine WHO is foreclosing. If the LOC party is foreclosing, then the 1st mortgage will remain since they are 2nd in line, but if the 1st mortgage party is foreclosing, then the LOC lien SHOULD be wiped at auction. However, you need to ensure that the 1st mortgage foreclosing party names any other lien holders in the action, including the LOC party, or the other liens may not be wiped out at the auction. Some liens will survive regardless, depending on the State, such as HOA & taxes.

There's a good thread to read regarding LOC and junior liens here:

http://www.biggerpockets.com/forums/51/topics/1414...

And as @Wayne Brooks mentioned, you can't get Title insurance prior to auction, and best to consult a local RE attorney who is well versed in foreclosure auctions. 

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    12y

    A title search is your first step.  It will reveal this line of credit, but no way to know the actual balance.  The most important  thing to know, after the title search, is Who is foreclosing, and what position is their lien.  Consult with a local RE attorney, after you have the title search, and are clear on who is foreclosing.  And, you Won't be getting title insurance prior to the auction.

  • Investor · Boca Raton, FL · Member since 2012 · 1k+ posts · 1k+ votes
    12y

    It could be the 1st mortgage is the one foreclosing on this property, however since you mentioned there's a LOC registered as well, you need to determine WHO is foreclosing. If the LOC party is foreclosing, then the 1st mortgage will remain since they are 2nd in line, but if the 1st mortgage party is foreclosing, then the LOC lien SHOULD be wiped at auction. However, you need to ensure that the 1st mortgage foreclosing party names any other lien holders in the action, including the LOC party, or the other liens may not be wiped out at the auction. Some liens will survive regardless, depending on the State, such as HOA & taxes.

    There's a good thread to read regarding LOC and junior liens here:

    http://www.biggerpockets.com/forums/51/topics/1414...

    And as @Wayne Brooks mentioned, you can't get Title insurance prior to auction, and best to consult a local RE attorney who is well versed in foreclosure auctions. 

  • Santa Cruz, CA · Member since 2014 · 9 posts · 3 votes
    12y

    Thanks very much both of you! 

    I think it is becoming clear that the first mortgage is the one foreclosing. 

    I find out that tenants are staying in the house, and since they were not able to make payments, the owner is foreclosing the house. Tough I do not know why he is foreclosing the house instead of evicting them, no clue... 

  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 31k+ posts · 20k+ votes
    12y

    @Tom A. welcome to the site.

  • Wholesaler · Salt Lake City, UT · Member since 2009 · 1k+ posts · 401 votes
    12y

    The only way this makes any sense is that the owner had a land contract with the "tenant". In California you have to foreclose on a land contract. So if the owner wants them out he just can't evict, they are not normal tenants. Maybe there is a deal here, or the foreclosure sale will bring in market value and no deal.  Maybe just call the owner and get the facts and see if it is a land contract. If he was selling on a land contract I would assume he doesn't really want the property, he just sold during a time when this was one way to sell.

  • Santa Cruz, CA · Member since 2014 · 9 posts · 3 votes
    12y

    Thank you Brian.

  • Hollywood, FL · Member since 2012 · 10 posts · 0 votes
    11y

    how do you find out WHO is foreclosing.  I have never seen an answer in any of these posts about county auctions.  

  • Investor · Boca Raton, FL · Member since 2012 · 1k+ posts · 1k+ votes
    11y

    @Whit Bowersox in Broward County, sign up here:  https://www.broward.realforeclose.com/

    You'll find all the Final Judgments for each property coming up at auction.  

  • Hollywood, FL · Member since 2012 · 10 posts · 0 votes
    11y

    Thanks Chad.  This has been something I have been fascinated in learning more about.  Ill take a look at the website.

  • Investor · Boca Raton, FL · Member since 2012 · 1k+ posts · 1k+ votes
    11y

    @Whit Bowersox has so graciously compiled.  Very good info and education.  

    http://www.biggerpockets.com/forums/41/topics/6897...

  • Knoxville, TN · Member since 2014 · 116 posts · 57 votes
    11y
    If you want to know who is foreclosing you have to check the notice of sale. This is posted in your local paper. You want to look at the instrument number on the notice of sale and compare that to the deed of trust filed.
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