utah foreclosure data
TRANSCRIPT
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The Secret The Secret
The Real Money in Real Estate is Made The Real Money in Real Estate is Made!! ON THE FRONT END!ON THE FRONT END!
Buy it Right, below the Actual Current Retail MarketBuy it Right, below the Actual Current Retail Market Value. Then Decide if you want to sell it for a profit, Value. Then Decide if you want to sell it for a profit,
hold it as an investment to rent, or make it your ownhold it as an investment to rent, or make it your own
home.home.
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ForeclosuresForeclosures
DisclaimerDisclaimer The information contained within is provided as a The information contained within is provided as ageneral overview of foreclosures and is not guaranteedgeneral overview of foreclosures and is not guaranteed
for accuracy. Any investor should do their own duefor accuracy. Any investor should do their own due
diligence. An accountant or attorney should bediligence. An accountant or attorney should be
contacted before making any investment decisions.contacted before making any investment decisions.
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What is a Foreclosure? What is a Foreclosure?Foreclosure is the process for enforcing lender rights once theForeclosure is the process for enforcing lender rights once the
obligation secured by a deed of trust is inobligation secured by a deed of trust is in default.default.��
Who is involved? Who is involved?Simplistically, four people:Simplistically, four people: Trustor Trustor ² ² BorrowerBorrower
BeneficiaryBeneficiary ² ² LenderLender
Trustee Trustee ² ² Attorney, Escrow Agent to ensure the agreement Attorney, Escrow Agent to ensure the agreement
between the Trustor & Beneficiary is correctlybetween the Trustor & Beneficiary is correctly
carried outcarried out
Buyer of Foreclosed PropertiesBuyer of Foreclosed Properties
ForeclosuresForeclosures
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The note, deed of trust and information on the default areforwarded to the trustee.
The notice of default and other necessary documents are prepared.
The notice of default is then recorded and the foreclosure time linebegins.
What is the Process? What is the Process?
ForeclosuresForeclosures
1. Initial Steps1. Initial Steps
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A Trustee Sale Guaranty (TSG) is ordered from a title company.
The required 10 day and one month legal mailings are sent to the
borrower and the junior lien holders.
If the loan has not been reinstated or paid off within the three month
default period, the lender then authorizes the next step in the foreclosure proceedings.
ForeclosuresForeclosures
2. Default Period2. Default Period
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The trustee will prepare, record and arrange to post the notice of trustees
sale.
The notice of trustee·s sale must be published once a week for three
consecutive weeks in a newspaper of general circulation near the
property location.
The borrower or junior lien holder may reinstate the loan at any time upto five business days before the sale date.
If the loan has not been reinstated prior to five business days before the
sale, the beneficiary may demand that the entire unpaid obligation be
paid in full during that five day period.
3. Publication Period3. Publication Period
ForeclosuresForeclosures
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There are many reasons why a trustee·s sale may be postponed. As
an example, a bankruptcy or other legal proceedings may preventthe trustee from conducting the sale on the scheduled date.
The beneficiary is entitled to three separate postponements for their
own reasons. The beneficiary and the property owner can agree on
as many postponements as they wish. If there is a bankruptcy or
legal proceeding, the sale can be postponed as many times an
necessary to obtain a court order to allow the sale to take place.
If a sale is postponed for any reason, an announcement must be
made at the sale location as to the reason for the postponement as
well as the next sale date.
ForeclosuresForeclosures
4. Postponement4. Postponement
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5. The Trustee·s Sale5. The Trustee·s Sale The date of the trustees sale is established at the time of the Notice of Trustees Sale is The date of the trustees sale is established at the time of the Notice of Trustees Sale is
prepared. prepared.
The trustee·s sale is a public auction sale and is open to all qualified bidders. Bids are The trustee·s sale is a public auction sale and is open to all qualified bidders. Bids aremade orally and everyone who wants to bid must first qualify with the auctioneer bymade orally and everyone who wants to bid must first qualify with the auctioneer by
showing the amount and type of money intended to be used in the event of a successfulshowing the amount and type of money intended to be used in the event of a successful
bid.bid.
The Notice of Trustee·s Sales designates the type of funds required, usually cash, The Notice of Trustee·s Sales designates the type of funds required, usually cash,
cashier's check, or bank check. The acceptance of the bid is not final until the totalcashier's check, or bank check. The acceptance of the bid is not final until the totalamount is paid to the auctioneer by the highest bidder.amount is paid to the auctioneer by the highest bidder.
The beneficiary does not need any money to make the opening bid. However, if the The beneficiary does not need any money to make the opening bid. However, if the
lender plans to bid over the opening bid he must have enough money to pay thelender plans to bid over the opening bid he must have enough money to pay the
difference between the amount of his balance due in his final bid. The sale is completedifference between the amount of his balance due in his final bid. The sale is complete
when the highest bid is received and the auctioneer accepts and declares the property when the highest bid is received and the auctioneer accepts and declares the property
sold.sold.
ForeclosuresForeclosures
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6. Post Sale6. Post Sale A Trustees Deed Upon Sale is prepared after the sale is completed. This deed transfers A Trustees Deed Upon Sale is prepared after the sale is completed. This deed transfers
title to the successful bidder or beneficiary. The deed must be signed by the trustee,title to the successful bidder or beneficiary. The deed must be signed by the trustee,
acknowledged by a notary public and recorded. After the deed has been recorded it isacknowledged by a notary public and recorded. After the deed has been recorded it is
forwarded to the party who purchased the property at the Trustees Sale auction.forwarded to the party who purchased the property at the Trustees Sale auction.
There is no right of redemption after a trustee·s sale. The successful bidder is entitled to There is no right of redemption after a trustee·s sale. The successful bidder is entitled to
immediate possession of the property.immediate possession of the property.
The only exception is the right of the federal government (IRS) to redeem the property, if The only exception is the right of the federal government (IRS) to redeem the property, if
a federal tax lien has been recorded against the property and is subsequent (junior to) toa federal tax lien has been recorded against the property and is subsequent (junior to) to
the deed of trust being foreclosed. In this case, the government must reimburse thethe deed of trust being foreclosed. In this case, the government must reimburse thesuccessful bidder, with a full payoff with of the amount the bidder paid at auction, plussuccessful bidder, with a full payoff with of the amount the bidder paid at auction, plus
interest calculated for the period of the bidders ownership. Note: a senior lien by theinterest calculated for the period of the bidders ownership. Note: a senior lien by the
federal government must be satisfied like any other senior lien and does not becomefederal government must be satisfied like any other senior lien and does not become
discharged by a trustee·s sale.discharged by a trustee·s sale.
The federal government (IRS) redemption rights elapse four months after the Trustees The federal government (IRS) redemption rights elapse four months after the TrusteesSale. The state has no right of redemption.Sale. The state has no right of redemption.
ForeclosuresForeclosures
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7. Foreclosure and Trustee·s Sale Timeline7. Foreclosure and Trustee·s Sale TimelineDay Number
Day 1
Within 10 business days
After 3 months
25 days before the sale date
20 days before the sale date
14 days before the sale date
7 days before the sale date
5 business days before the sale date
Sale date
Event
Record Notice of Default
Mail Notice of Default
Set Sale Date
Send notice of sale to IRS
Publish, post, mail Notice of Sale
Record Notice of Sale
Trustee cannot sell for 7 days after
expiration of court order
Right of borrower to reinstate ends
Sold at Trustee·s Sale
ForeclosuresForeclosures
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8. Remodel The Property8. Remodel The Property
ForeclosuresForeclosures
9. List The Property9. List The Property
10. Sell The Property10. Sell The Property
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The Foreclosure Problem! The Foreclosure Problem!
ForeclosuresForeclosures
Here·s The ProblemHere·s The Problem There are so many foreclosure opportunities, you will quickly become There are so many foreclosure opportunities, you will quickly become
overwhelmed with data, records, and property information. Dataoverwhelmed with data, records, and property information. Data
services merely provide ´rawµ data. You need to analyze all of thatservices merely provide ´rawµ data. You need to analyze all of that
information. Your eyes will quickly begin to gloss over from theinformation. Your eyes will quickly begin to gloss over from the
reams of data you will have to read, sort, categorize, and finally,reams of data you will have to read, sort, categorize, and finally,
analyze and evaluate.analyze and evaluate.
The Natural barriers to foreclosure purchases are Knowledge The Natural barriers to foreclosure purchases are Knowledge ² ² Time Time
² ² MoneyMoney
The following is a breakdown of the activities involved in the The following is a breakdown of the activities involved in the
foreclosures processforeclosures process
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ForeclosuresForeclosures The following is a breakdown of the activities involved in the The following is a breakdown of the activities involved in the
foreclosures processforeclosures process
Activity Total Time %
Find & Research 65%
Evaluate ² Bid ² Buy 11%
Remodel 15%
Accounting 2%
Sale 7%
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ForeclosuresForeclosures There are many investors out there who have investment capital and There are many investors out there who have investment capital and
would love to buy a foreclosure property versus watching their nest would love to buy a foreclosure property versus watching their nest
egg dwindle away on Wall Street, or sit in a low interest bearingegg dwindle away on Wall Street, or sit in a low interest bearing
savings instrument.savings instrument.
Foreclosure sales are not done on credit. All sales require liquidForeclosure sales are not done on credit. All sales require liquid
capital to match the purchase price. Once you have successfullycapital to match the purchase price. Once you have successfully
identified a property, its risks, reward, and equity potential, you find itidentified a property, its risks, reward, and equity potential, you find it
to be a real deal, then,to buy it, you must step up and pay cash. Thisto be a real deal, then,to buy it, you must step up and pay cash. This
is where the money comes in, and is a large barrier to entry for most.is where the money comes in, and is a large barrier to entry for most.
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ForeclosuresForeclosures
Today Today
There are many reasons for loan defaults and foreclosures. Certainly There are many reasons for loan defaults and foreclosures. Certainly
the current economic slowdown has stretched some leveragedthe current economic slowdown has stretched some leveragedowners. But much of the activity has been caused by the currentowners. But much of the activity has been caused by the current
trend of no money down loans, programs such as Nehemiah andtrend of no money down loans, programs such as Nehemiah and
Neighborhood Gold, inflated appraisal values and the increased useNeighborhood Gold, inflated appraisal values and the increased use
of 2of 2ndnd mortgages. Deaths and divorces are also common culprits asmortgages. Deaths and divorces are also common culprits as
well as cash out re well as cash out re--fi·s.fi·s.
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ForeclosuresForeclosures The trick in buying foreclosures is to quickly identify and focus your The trick in buying foreclosures is to quickly identify and focus your
time and energy on the real deals with real equity in them.time and energy on the real deals with real equity in them.
Have you ever wondered how some peopleHave you ever wondered how some people
always seem to show up in the right places andalways seem to show up in the right places and
make the right deals?make the right deals?
Knowledge is Power.Knowledge is Power.
Remember, the real money in real estate is made on the front end.Remember, the real money in real estate is made on the front end.
Buy it right, below the actual current retail market value. ThenBuy it right, below the actual current retail market value. Then
decide if you want to sell it for a profit, hold it for an investment todecide if you want to sell it for a profit, hold it for an investment to
rent, or make it your own home!rent, or make it your own home!
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Our CompanyOur CompanyOur company has people who specialize in theOur company has people who specialize in the
ResearchResearch ² ² PurchasePurchase ² ² Remodel & Sale of foreclosedRemodel & Sale of foreclosed
properties. properties.
We will be the horsepower, searching and sifting We will be the horsepower, searching and sifting
through the endless mountains of foreclosure data,through the endless mountains of foreclosure data,
lists, records, market analysis, becoming your crystallists, records, market analysis, becoming your crystal
ball to quickly and easily identify properties whichball to quickly and easily identify properties whichcould yield potential equity. Properties that couldcould yield potential equity. Properties that could
make a nice profit. Properties Worth Buying.make a nice profit. Properties Worth Buying.
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Our CompanyOur CompanyNow you can buy or participate in the equity potentialNow you can buy or participate in the equity potential
of foreclosure properties. Participate at significantof foreclosure properties. Participate at significant
discounts below their normal market values, withoutdiscounts below their normal market values, without
the countless hours of leg work, research, remodelingthe countless hours of leg work, research, remodelingand sale efforts needed to track down and qualify theand sale efforts needed to track down and qualify the
hundreds of foreclosure opportunities available.hundreds of foreclosure opportunities available.
Welcome to Welcome to
Utah Foreclosure Data.comUtah Foreclosure Data.com