what is pre forclosure??

Asked by Maria, Camarillo, CA Thu Jun 12, 2008

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Emily S. Kne…, , Rossmoor, CA
Thu Jun 12, 2008
Pre-Foreclosure means that the owner is behind in their mortgage payments, maybe they've already received a Notice of Default (which usually means they're at least 3-4mos behind)

The home is heading Towards a total foreclosure, but isn't quite there yet. The owner CAN (with the help of a Realtor) do a SHORT SALE, in which the Realtor negotiates with the bank to have them Accept LESS than what was originally owed.

The only thing SHORT about this sale is the amount the bank is making back on their original investment. To buy a Short Sale & close escrow can take as much as 90 days. If you're considering buying a Pre-Foreclosure property it is IMPERATIVE that you are working with an agent who is EXPERIENCED in doing Short Sales. It's a very difficult process & most agents DO NOT WANT to handle these sales because it requires Much more work & they get paid less!
2 votes
Joyce Zangme…, Agent, Thousand Oaks, CA
Wed Jul 2, 2008

In today's real estate market the term "pre-foreclosure" is loosely used when talking about a short sale.

The homeowner is asking their current lender to discount the existing loan to facilitate the sale and avoid the foreclosure. The discounted loan amount request (or short sale) is accomplished pre-foreclosure.

Otherwise the back payments must be made up or the house goes into foreclosure and back to the lender.

If you are interested in purchasing a home through a short sale, we can help you throughout Ventura County.

"Doing Real Estate Right"
Web Reference:  http://www.GregandJoyce.com
0 votes
Barry Shapiro, Agent, Camarillo, CA
Thu Jun 12, 2008
Hi Maria,
I specialize in the Camarillo market and short sales (also known as pre-foreclosures). I have posted an entire page of valuable information on Short Sales and Foreclosures on my website:


Additionally, I post a link, updated daily, which indicates which Camarillo homes are currently in pre-foreclosure. Actually, if you can be patient, a Short Sale can enable you a substantial discount off of today's appraised value --- that is, 10-20%. I am on vacation this week in Orlando, but will be happy to discuss this subject further with you next week. There are a number of important steps to take prior to writing an offer on a short sale, which I can go over with you at that time. Happy Father's Day!
0 votes
Ted Mackel, Agent, Simi Valley, CA
Thu Jun 12, 2008

I posted a Video Blog answer on my Youtube channel


Web Reference:  http://www.homebuysblog.com
0 votes
Shel-lee Dav…, Agent, Rolling Hills Estates, CA
Thu Jun 12, 2008

The Pre-foreclosure Period starts with the filing of the Notice of Default (NOD) by one or more lender on property. NODs are filed due to non-payment of the debt, usually for 60 or 90 days, so there are some that argue that the Pre-foreclosure period actually starts at the time that the homeowner stops paying their mortgage. From the filing of the NOD until the time the property becomes a Foreclosure or goes to Trustee Sale (ie. sold on the courthouse steps to the highest bidder, which quite often is the lender who initiated the foreclosure proceeding) is no less than 111 days in California. During this time, the home owner has several options:
1. Pay the arrearages and reinstate the loan. (This solution was used alot when property values were going up. The owner would either refinance the foreclosing loan or take out a second against the property and pay the foreclosing loan current.)
2. Sell the property.
3. Wait for the lender to foreclose and then have to move out.

Many realtors seem to equate Pre-Foreclosure with Short Sales. This is not always the case. Sometimes there is some, or even alot of equity in the property, and the homeowner is paralyzed into inaction. (I have worked the pre-foreclosure market since 3/2004 and some examples of people I have helped are a retired gentleman with $700k in equity that was going to trustee sale in 7 days, a couple on disability with $220K in equity going to trustee sale in 22 days, and a single woman waiting for worker's comp settlement with $140K in equity and just 20 days into the NOD process.) A good real estate professional with a qualified buyer may be able to move these homeowners to action and get you a good deal on the property. More often than not, in today's declining market, Pre-foreclosures are short sales, and that adds another level of complexity to the transaction.

Some other items of which a buyer of a pre-foreclosure should be aware. There may be underlying notes and deeds of trust that are also in default and need to be cured and paid off. There might be tax liens, mechanic's liens or judgment liens against the property. The homeowner may not have paid their homeowner's insurance so the property is uninsured during your negotiating period.

Make sure if you want to get involved in this area of real estate that you work with a REALTOR who has lots of experience. If you would like help in developing questions to ask a realtor to confirm their qualifications, please feel free to contact me.

Best wishes to you in your journey towards home ownership and Dare to Dream.

Shel-lee Davis
Real Estate Consultant
RE/MAX Palos Verdes Realty
0 votes
Bonnie Sterl…, Agent, Simi Valley, CA
Thu Jun 12, 2008
Hi Maria, Preforeclosures usually refer to a short sale transaction, like Emily mentions below. The transaction is more work for the Realtor and it can be very helpful to use an experienced agent. Sometimes it takes 90 days, anytime you involve a bank in the process, even in a foreclosed/REO purchase, banks usually cause a delay...even though they want the buyer to hurry up. I wouldnt let this process discourage you. People do save money but it can be frustrating because less than 50% of short pays are approved by the banks and even less than that are approved at the offer price or even the ASKING price that you see listed. For more information, contact me off line. As the local RealtyTrac Representative (the nations largest online foreclosure web site at http://www.RealtyTrac..com) for Simi, Moorpark and TO, I have a lot of information that I can share with you. And if you need local assistance in Camarillo, I'm local in Simi.
0 votes
Jim Johnson, , 78233
Thu Jun 12, 2008
It's a nonesuch. The term is used when talking about a situation wherein a home owner is facing immanent foreclosure, or euphemistically to refer to the short sale process.
0 votes
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