Foreclosure Auctions

The short sale process (see prior entry) is meant to stave off a foreclosure by the lender in first position (generally the "first mortgage"). With that said, if the short sale process fails, at some point and time that lender will go forward with the foreclosure. In order to clear title and eliminate any liens of lower priority (second mortgages, equity lines, etc.), the lender must cause an auction to be held - commonly known as a "foreclosure auction."

In my opinion, the foreclosure auction is a riskier proposition than the short sale process, or buying a property which is bank owned. In many cases, bidders not allowed entrance to the propety. The interior could be in any condition, but odds are the property has been destroyed. Owners who lose their properties at auction are not happy and quite often destroy the home and/or remove everything from faucets to flooring. In addition, the information provided by the auctioneer is not guaranteed and cannot be relied upon to be accurate. The onus is on the bidder to do his/her due diligence to verify the title, easements, right of ways and what liens will stay with the property (generally government liens and, in some states, back condo fees). This lack of knowledge, combined with the kinetic pace at which these auctions are conducted, often causes the unsophisticated bidder to grossly overpay for properties.

Notwithstanding the above, if a bidder does his/her due diligence, foreclosure auctions present an opportunity to create instant equity. My advice is to go to the auction with a maximum bid in mind, so as not to get caught up in the frenzy that the auction process creates. Real estate professionals are useful in detemining property value and a reasonable maximum bid price. They can also point you in the right direction as to researching the title and potential liens that run with the property.

As an aside, keep in mind that the lender will normally set a minimum price and send an agent to bid on the property until that minimum price is met. If no buyer outbids the lender, the lender will then take title and eventually sell the property as bank owned.

Please feel free to contact me with any questions or comments via cell at 978-423-9309, or e-mail at john@jw-realestate.com.