Foreclosures,short-sales and REO properties
Foreclosure
is the legal process by which a mortgagee, or other lien holder,
usually a lender, obtains a termination of a mortgagor's equitable right
of redemption, either by court order or by operation of law (after
following a specific statutory procedure).[clarification needed] Usually
a lender obtains a security interest from a borrower who mortgages or
pledges an asset like a house to secure the loan. If the borrower
defaults and the lender tries to repossess the property, courts of
equity can grant the borrower the equitable right of redemption if the
borrower repays the debt. While this equitable right exists, it is a
cloud on title and the lender cannot be sure that (s)he can successfully
repossess the property. Therefore, through the process of foreclosure,
the lender seeks to foreclose the equitable right of redemption and take
both legal and equitable title to the property in fee simple. Other
lien holders can also foreclose the owner's right of redemption for
other debts, such as for overdue taxes, unpaid contractors' bills or
overdue homeowners' association dues or assessments.
A Short Sale
is
a sale of real estate in which the proceeds from selling the property
will fall short of the balance of debts secured by liens against the
property and the property owner cannot afford to repay the liens full
amounts, whereby the lien holders agree to release their lien on the
real estate and accept less than the amount owed on the debt. Any unpaid
balance owed to the creditors is known as a deficiency. Short sale
agreements do not necessarily release borrowers from their obligations
to repay any deficiencies of the loans, unless specifically agreed to
between the parties.
Short
Sale is often used as an alternative to foreclosure because it
mitigates additional fees and costs to both the creditor and borrower. A
short sale will often result in a negative credit report against the
property owner, however it is less damaging than a foreclosure report.
Real estate owned or REO property
is a class of property owned by a lender typically a bank, government
agency, or government loan insurer, after an unsuccessful sale at a
foreclosure auction. A foreclosing beneficiary will typically set the
opening bid at a foreclosure auction for at least the outstanding loan
amount. If there are no bidders that are interested, then the
beneficiary will legally repossess the property. This is commonly the
case when the amount owed on the home is higher than the current market
value of this foreclosure property, such as with a high loan-to-value
mortgage following a real estate bubble. As soon as the beneficiary
repossesses the property it is listed on their books as REO and
categorized as an asset (non-performing asset).