A Structured Process For Your Foreclosure

Published: 20th June 2009
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There will be a structured foreclosure process, the time that a foreclosure is registered, in every state. In a judicial state, the time starts when the lawsuit, is filed.

In a non-judicial state, the timing starts when the notice of default or notice of trustee sales is filed. This is the pre-foreclosure stage. You will make the most money in this stage, which we will talk about this later in this text.

Step 1
Ordering a Trustee Sale Guarantee (TSG): This is another name for a Title Report.

Step 2
Sending notice to every person or entity that has a beneficial interest in the property: This would include everyone who has a lien on the property, including mechanic's liens, a second mortgage, or the IRS.

Step 3
Substitution of trustee: In a non-judicial state, there is always a Substitution of Trustee. This stems from the three tiered approach, which consists of:
1.The Trustor, the one who borrowed the money
2.The Trustee who is a beneficiary
3.The Trustee, the one oversees the process

You may see a Substitution of Trustee posted at the County Recorder's Office. This trustee only handles foreclosures and will follow the process to the end.

Step 4
Post legal notices: In nearly every state, the laws require the county to post legal notices. These notices may appear in regular newspapers or other publications. Some of these other publications include a "legal newspaper", sometimes called a "county recorder", in order to follow the requirements of the law. In addition, most states require that the foreclosure notice be posted at the property.

Step 5
Maintain continual contact: Continual contact is maintained with the title company to make sure no other liens are attached to the property. One thing that can stop the whole process is bankruptcy. Bankruptcy is a federal filing lawsuit that supersedes the state statute.

Step 6
Prepare a credit bid: The beneficiary or mortgagee prepares a credit bid, which is the starting bid/amount at the auction, depending on the state and the state statutes. In most states, the credit bid will include the principle balance plus all of the arrearages, including:
1.Bank interest
2.Penalties
3.Legal fees
Other arrearages can include second mortgages and homeowner's association fees. In a judicial state, the lawyer for the mortgage company/bank will prepare the credit bid. In a non-judicial, the Trustee will
prepare the bid.

Step 7
Make payment and reinstate the loan: The owner can perform this task.

Step 8
Suspend or cancel the sale at any time: The beneficiary or mortgagee can do this, if suitable arrangements have been worked out with the owner beforehand.

Foreclosure can happen to anybody anytime without any fault of their own. If you are in this position of foreclosure then make sure you take initiative at an early stage. Taking immediate action and following the above mentioned 8 steps can make a huge difference as to whether foreclosure becomes a reality in your life or whether you can manage to prevent it forever.

Don Burnham is an entrepreneur, author, real estate investor, teacher and speaker. He is CEO of the International Association of Seminar Professionals (IASP) and CEO and co-founder of the Wealth Restoration Institute, LLC, at http://www.weknowthewayback.com


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