Can a property be rescinded from foreclosure?

Wingnut57
Home Buyer
Bel Air, MD

The very morning an offer was to be proffered on a property listed through a realtor, the seller had signed it over for foreclosure before the listing agent had a chance to accept an offer on the property. Once that property has been signed over to a bank for foreclosure, is there a chance that the bank could rescind the foreclosure process after being notified by the listing agent that there would have been a valid offer on the property the same day it went to the bank for foreclosure? Have there been any cases like this that you are familiar with?

Answers (3)
Bill Wootan's T...
Agent
Waldorf, MD

I work with banks and mortgage companies to meet with homeowners that are near to the sale on the court house steps, and in several occasions even after the sale, until the attorney files the papers with the court, the mortgage company has offered the homeowner a modifications of their mortgage - particularily if the loan is owned by Freddie Mac or Fannie Mae! They really don't want the home - they want the homeowner to stay in the property, and even have offered it for a rental to the original homeowner. Its amazing what deals they are offering today!

Bill Wootan - Team Leader
Team One @ Century 21 H T Brown
Waldorf, Md.

Tue Sep 29 2009, 14:29
Tina Beasley
Broker
Baltimore, MD

If the listing agent moves quickly and contacts the bank, the owner's of the property do have rights in regard to being able to reclaim the property. However, this all depends on how much is currently owed on the property and when a bank placed a property in foreclosure, they have a lot of fees, interest, etc that is tacked onto the balance which could make your offer not enough for the bank to recover their interest in the property. If you do not have time to wait this out (it could take weeks), I suggest you move onto another property. There is certainly plenty of homes on the market in the Bel Air area now. Good luck to you!

Tue Sep 29 2009, 13:59
Ania Miller
Agent
21401
FIRST ANSWER

To start off, this is a long process that takes a lot of patience. If the property did not sell at the courts steps (auction) the property becomes bank owned and depending on the bank and maybe even location, by law the bank has to give the owner as certain amount of time (45 days or so) to redeem the property. During this time everything is in limbo till such time that the bank has it listed through an Agent.
You may have to "wait and see" or start looking at other properties.
I hope that this helps.
Ania
AniaMiller@kw.com

Tue Sep 29 2009, 13:36

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