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As the Orange County Real Estate Market continues to change there are new terms and words which the consumer may not know. Below are some definitions of a few of the terms which have entered the Orange County Real Estate in the past few years.

 

 

What is a Short Sale?

A short sale is when a lender accepts less as a mortgage payoff than is owed them typically to avoid a possible foreclosure auction. Why would a lender take less than is owed them?  First of all, banks do not like excess inventory and bad loans on their books; therefore, if they see an opportunity where they can sell the property without a huge loss, they will do it. Secondly, lenders know they could lose a lot more money if the property goes to foreclosure at public auction. There are so many fees involved if the property goes to auction, that they would be better off taking the discount beforehand and be finished with the headache of it all.
A short sale is beneficial to a home owner because it allows them to avoid the negative implications of a foreclosure.  It also allows the home owner to control their own destiny, rather than having the lender evict them from their own home.
 

What is the time frames for a Foreclosure?

The first step in the foreclosure process is the Filing of a Notice of Default.  This is a recorded document with the County and is public record.  This typically occurs after the home owner has missed 3 or 4 months of mortgage payments.  From this point there is a 90 day period until a Notice of Trustee Sale is Recorded.  The trustee sale is the actual auction of the home at the courthouse steps (not always at the Courthouse).  Once the Notice of Trustee sale is recorded there is a 20 publication period, A copy of the notice is published in a newspaper of general circulation once a week for three consecutive weeks. The notice is also posted on the property and recorded at the County Recorders office.

Notice of Default                      90 Days
Notice of Trustee Sale               20 Days
Foreclosure Sale                       110 Day from the Notice of Default

The California Civil Code requires that all lenders follow these dates exactly as it is dictated by the State. If no action is taken, the property which has a Notice of Default will be sold at Public acution in 110 days.

 



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The information being provided is for the consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumer may be interested in purchasing. Any information relating to real estate for sale referenced on this web site comes from the Internet Data Exchange (IDX) program of the SoCalMLS. This web site may reference real estate listing(s) held by a brokerage firm other than the broker and/or agent who owns this web site. The accuracy of all information, regardless of source, including but not limited to square footages and lot sizes, is deemed reliable but not guaranteed and should be personally verified through personal inspection by and/or with the appropriate professionals.

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