Foreclosure University

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Redemption Period

How long after foreclosure do I have until I have to be out of my house?

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Question: How long after foreclosure do I have until I have to be out of my house?

Answer: -Well it depends on your states laws as to how much time you have until you have to vacate your home. If you live in a trust deed state where the redemption period is before the auction, then you’ll have a few weeks to a month to leave your home. If you live in a state where foreclosure is filed judicially, typically the redemption period is after the auction so again depending on your states laws and redemption period after foreclosure, it could be a few months up to six months.

The best way to find out how long after foreclosure until you have to be out of your home is to call up a title company and ask them or you can visit your State Laws page and see when your redemption period is.

Usually you’ll receive a notice from the bank or the individual who purchased the home at auction. There is a small chance that if an investor picked it up, they may allow you to stay there and rent. I say small chance because they are going to question whether or not you have the means to pay them rent when you weren’t able to pay the bank mortgage. You will have to convince them that you are in a good enough situation where you can pay them a monthly rent or they will evict you.

Either way, you’ll know when you need to be out because you’ll see notices on your door or delivered in person. Until that point, you will want to make arrangements with finding another place to live because chances are high the property will go back to the bank and they will ask you to leave. So don’t sit around and wait for it to happen, I’d start looking now for another place and be ready.

I am in California. I missed my first payment Sept 1. I got a letter telling me to bring things current by Dec 16th. What happens now?

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Question: I am in California. I missed my first payment Sept 1. I got a letter telling me to bring things current by Dec 16th. What happens now? I am not sure when the period of redemption begins? Was I already in it? Or does it begin Dec 16 and go three months? People tell me different things and I am a single mom of four kids and need to plan. Thank-you. Nomi

Answer: -Nomi, the California redemption period is approximately 3 months and begins after you receive the notice of default. Typically you won’t receive a notice of default until you are at least 3 months behind on your mortgage, especially now, banks are slower issuing the notices of default because they don’t need any more inventory. So you’re about 6 to 8 months out from foreclosure, if it goes that far, so you do have several options as a homeowner. Unfortunately Obama’s HAMP program hasn’t turned out the way we had all hoped, however there are alternatives. Assuming you want to stay in your home, one option is a loan modification. This is something you can do yourself or you can hire an attorney to do it for you…just be careful in choosing the right attorney that really does care about your situation and will guarantee their work. Another option is to sell your home, if it has equity, and move into something smaller or less expensive until things pick up again. If your home does not have equity and a loan modification doesn’t work, you could try to do a short sale where a buyer offers the bank less than what is owed on the property. Whatever you do, don’t give up.

After the bank forecloses and sells my house, can i get it back?

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Question: After the bank forecloses and sells my house, can i get it back?

Answer: -It depends on your states foreclosure procedures. Some states have a redemption period before the auction. Other states have their redemption period after the auction. If you live in a state where the redemption period is after the auction, then yes, you can get your home back.

I WAS A WINNING BIDDER AT A TRUSTEE SALE, BUT IT WAS A SECOND LIEN. WHAT SHOULD I DO NEXT?

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Question: I WAS A WINNING BIDDER AT A TRUSTEE SALE, BUT IT WAS A SECOND LIEN. WHAT SHOULD I DO NEXT?

Answer: – Pray there is not a first mortgage or any back taxes you have to pay…Ha Ha. Hopefully you did your research prior to the foreclosure auction and found the property to be worth a great deal more than what the 1st was owed and what you paid for the 2nd. If not, you may want to think hard about an exit strategy. But assuming you did all your due diligence, as the winning bidder your state and county will determine when you need to come up with money to pay for the property. It ranges from state to state anywhere from 24 hours after the foreclosure auction to 30 days. If you can’t get the money within that time, you lose any money you may have had to put down. Then you may still have to wait to do anything to it if there is a redemption period in your state.

MICHIGAN PROPERTY…IF I AM IN REDEMPTION, HAVE FOUND A BUYER FOR THE HOME AND MY LENDER IS WILLING TO TAKE A SHORTSALE. DO I STILL HAVE TO PAY OFF THE SECOND LIEN ON THE HOUSE OR WAS IT WIPED OUT AT SENIOR LIENS SHERIFF’S SALE?

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Question: MICHIGAN PROPERTY…IF I AM IN REDEMPTION, HAVE FOUND A BUYER FOR THE HOME AND MY LENDER IS WILLING TO TAKE A SHORT SALE. DO I STILL HAVE TO PAY OFF THE SECOND LIEN ON THE HOUSE OR WAS IT WIPED OUT AT SENIOR LIENS SHERIFF’S SALE?

Answer: – It’s hard to say because I don’t know what happened at the auction. Typically in order to do a short sale, you need the 2nd to “release their lien” or “satisfy” it in order to get the acceptance.

Redemption Period if I Purchase a Foreclosed Property

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I recently read that if I purchase a foreclosed property from an auction in my state, I would have to wait for the 12 month redemption period, or try to shorten the wait before doing anything with the property. Does this period also count when purchasing a property through a lending company such as a bank?

 

Answer:

Depending on your state, the redemption period is either before the auction or after the auction so to speak. You need to find out which is the case for your state…

Generally speaking, if you use trust deeds as you instrument of security, then the redemption period is before the auction. So when it foreclosures, it becomes the banks and they turn around and list it with their listing agent of record.

If your state is a mortgage state, the redemption period is after the auction. The redemption period varies within states as well. Could be 3 months, could be 6 months or even more after the auction.

If you purchase through a bank, they have already been through the redemption period process (whatever that might be) so that way they can issue you a clean title. Whatever you do, DO NOT do anything to the property before this period is over.