UPGRADING to PropertyRadar - How & Why?
  • How Do I UPGRADE to PropertyRadar for FREE?

    (1) Have your credit card handy.*

    (2) Choose your PropertyRadar UPGRADE Package. View Now.

    Decide if you’d like the Foreclosure Package for the SAME LOW PRICE VALUE of $49/month or even less with discounts. Or, choose the Professional Package and for only $10 more get access to ALL properties in California.

    • Get a 10% discount with C.A.R. membership and an additional 20% discount for an Annual prepay.
    • Change your Package, any time.

    (3) UPGRADE by Logging In to PropertyRadar

    Use your ForeclosureRadar email and password and log in to PropertyRadar. Follow the easy steps and you’ll be done in less than two minutes! 

    * In compliance with PCI Security Standards, we are not permitted to transition your credit card information from ForeclosureRadar to PropertyRadar.

  • Will I be billed twice if I UPGRADE?

    No. When you UPGRADE to PropertyRadar, your ForeclosureRadar automated billing will STOP and your PropertyRadar automated billing will begin using the same recurring bill date. Your billing cycle transitions with you. Whether you are a monthly or an annual subscriber, the balance of your paid subscription will also transition and PropertyRadar will resume billing on your next scheduled billing date.

    You will receive an automated email confirming your cancellation of ForeclosureRadar, and another email welcoming you to PropertyRadar!

    You will not be billed twice, unless you ADD PropertyRadar and KEEP ForeclosureRadar. Then, you have subscribed to two different products. 

    Please note: You will see ForeclosureRadar on your credit card statement, whether you are a ForeclosureRadar or PropertyRadar subscriber. If you have subscribed to both products, you will see two charges from ForeclosureRadar on your statement. 

  • How Much Does PropertyRadar Cost? Will I Pay More?

    You can UPGRADE and pay the same, more or even less than ForeclosureRadar. It depends upon the UPGRADE Package that you choose.

    Visit PropertyRadar Pricing and see how you can get the SAME LOW PRICED VALUE of $49/month for access to Foreclosures in California, or pay even less at $34.30 with discounts.

    We highly recommend expanding your business and capitalizing on current market conditions by upgrading to the full monty. Choose the Professional package which you can get for as low as $41.30/month with discounts. Visit PropertyRadar Pricing.

    Please note: You will see ForeclosureRadar on your credit card statement, whether you are a ForeclosureRadar or PropertyRadar subscriber. If you have subscribed to both products, you will see two charges from ForeclosureRadar on your statement. 

  • Why should I UPGRADE? What’s the Difference?

    We have added amazing NEW features and ACCESS to ALL properties in California to help you grow your business.

    No one else even comes close to PropertyRadar. Beat your competition for pennies. 


    1. Get access to ALL 12 million properties in California, not just those in foreclosure.
    2. Almost 40 new search criteria – increase your ability to focus on the best opportunities.
    3. Better Foreclosure Search – new foreclosure stages, filter buttons, search criteria, and analytics.
    4. See which foreclosures the banks still own vs. only those which the bank took back in the last 120 days.
    5. Works on Tablets – iPad, Android, Surface.
    6. Better map search – polygons, mutli-polygons, and more.
    7. Quickly find Comparables – not just on recent sales, but also comps on listings, foreclosures, rentals and even neighbors.
    8. Review all the sales in your area, even those never shown on the MLS.
    9. See exactly how short sales, REO’s, cash sales and flips are impacting your market.
    10. Explore real estate in brand new ways that will increase the return on your investments, or make you shine with your clients.
    11. Get 59 attributes (columns) in PropertyRadar exporting versus 53 attributes in ForeclosureRadar exporting.




    Get the incredibly complete Professional Package* for $59, only $10 more/ mo. than ForeclosureRadar at $49.95/mo.

    • Get just the Foreclosure Package (excludes Property Features) for the same low-priced value of $49/mo., or even less at $34.30/mo. with discounts. 
    • Get just the Property Package (excludes Foreclosure Features) for $39/mo., or as low as $27.30/mo. with discounts


    View PropertyRadar Pricing Packages

    UPGRADE by Logging in . Follow the easy steps. Takes just 2 minutes!


  • What are the Differences in Daily Auction Schedule?

    • We renamed Daily Auction Schedule to Trustee Sale Schedule to more accurately reflect the process, and to differentiate trustee sale auctions from other types of real estate auctions.
    • We’ve added search criteria for Sale Location, Sale Time and Sale Status to help you get results faster on mobile devices and for only the particular auction you are interested in.  
    • The Filter Bar now allows you to quickly filter between seeing every property scheduled for sale that day, or just those that are active, postponed, or sold.


  • I have a Team Account and want PropertyRadar

    We are not quite ready yet with Team Accounts in PropertyRadar, and are working hard on it.

    For ForeclosureRadar Team Accounts of two people or more, please contact support and we will provide one, single person complimentary subscription to PropertyRadar until Team Accounts are live. We’ll be sure and notify you then!

  • What are the Differences in Foreclosure Search?

    What are the differences in Foreclosure Search?

    In ForeclosureRadar there are a total of five Foreclosure Stages, with anything that we didn’t consider to be actively in one of those stages set to “Historical”.

    In PropertyRadar, we break out historical records, giving you a total of thirteen different foreclosure Stages to search on.

     Foreclosure Search using ForeclosureRadarGet 13 search options in PropertyRadar vs. 5 in ForeclosureRadar


    Besides breaking out and expanding Historical stages we also:

    • Track which Preforeclosures have been sold and move them out of the active preforeclosure list.
    • Track which Bank Owned and 3rd Party properties have been resold, which also means you can search for properties they still hold, whether its been one day or two years. In ForeclosureRadar we simply set Bank Owned or 3rd Party to historical after 120 days.
    • Lengthened the time it takes for a Preforeclosure to move from active to outdated from 120 to 180 days to more accurately reflect the slower foreclosure process we see today. 
    • Improved our tracking of Cancellations, separating those, which the owner still owns (likely a loan mod) from those which resold (likely a short sale).
  • Is There A Quick List of the Differences?

    Foreclosure Search & Daily Auction Schedule

    Includes everything you had in ForeclosureRadar only BETTER and SO MUCH MORE. 

    Expansion of Features – SO MUCH MORE

    In addition to Foreclosure Search and Trustee Sale Schedule, we have added incredibly productive NEW features to grow your business including Explore (Heat Maps), Property Search, Interactive Property Profiles, Transfer Search, Comparables and Listings. Learn More.

    Expansion of ACCESS to PROPERTIES

    In PropertyRadar,  get access to ALL properties in California, not just those in foreclosure.

    Search over 100+ Criteria

    There are now over 100+ different types of search criteria vs. 60 in ForeclosureRadar.

    NEW Measuring Tool – Draw Exact Boundaries

    You can measure the distance between properties, create a polygon or multi-polygon for the market you are searching.

    NEW Layer Tool – Add & Overlay Data on Maps

    Add additional information on the map view such equity, turnover, year built, primary vs. non-primary residence, city, county lines, and zip codes.

    NEW –Interactive Property Profiles

    Find properties and save in your account so you have a dynamic, living, breathing property profile that takes data that you add (notes, images, documents, comparables and more) while we constantly update with public records data. 

    NEW  – Better, Easier Interface & Works on Your Favorite Devices

    PropertyRadar is coded in HTML 5, not Flash (used for ForeclosureRadar). HTML5 is superior because you can use PropertyRadar on all of your favorite devices. Flash, as you may have heard, is no longer supported by the Development Community, worldwide. Our mission is to develop for the future, using forward-thinking and modernized development strategies. 

    You can now directly login to www.PropertyRadar.com from your Tablet, providing you with a mobile-friendly experience.

    Mobile Web Site

    • ForeclosureRadar works ONLY on Flash-enabled Smartphones (will not work on an iPhone).
    • PropertyRadar works on ALL tablets because it was not built in Flash. 


    • ForeclosureRadar has an iPhone APP. We do not have an Android APP.  
    • BRAND NEW PropertyRadar iPhone APP. Download here

    Printing, Exporting, Mailing  – SAME

    You are still able to print, export, mail, email and route your data, it is just in a new place and it takes two seconds to see where.

    Tool Tips – Learn As You Go

    There are tool tips in PropertyRadar for each search criteria. When you hover your mouse over the name of the specific criteria, the tool tip will appear and give you a brief description of what that criteria means. 

    COMING SOON to PropertyRadar

    Daily Alerts, Immediate Alerts, Team Accounts and Financial Analysis.

  • What will happen to my Saved Data in ForeclosureRadar?

    Once you UPGRADE, all of your saved searches, notes, images and tags are immediately transferred and available for you in PropertyRadar!

  • Is ForeclosureRadar going away? Do I have to UPGRADE?

    No and No. You can still use ForeclosureRadar as a paying subscriber. We welcome new subscribers focused on Arizona, Nevada, Oregon and Washington foreclosures.

    For California, all future development will be focused on PropertyRadar. The problem is, ForeclosureRadar was built using technology that does not make sense to continue using for all of the NEW features that we are adding, and have big plans for. Your feedback on PropertyRadar is critical, we are constantly listening and looking for your input and ideas. 

    PropertyRadar also incorporates a lot of new technology and features that ForeclosureRadar does not have. Plus, a tremendous amount of thought was put into making PropertyRadar more user friendly (for example it is easier to search for a specific property in PropertyRadar than in ForeclosureRadar).


    We are 100% confident that PropertyRadar is so superior to ForeclosureRadar that you will be happier, and will never look back.

    If you just want someone to give you a private, hand-holding walk through to UPGRADE. Please Contact our Support Team

    It’s easy and it’s FREE!

  • Why did you change your Brand Name?

    Our Vision is to build towards a future that provides everyone with easy, accurate and equal access to property data, so that hard working professionals are rewarded with the success that they deserve.  

    We spent years developing the expertise and algorithms to correct common errors in property records and to improve the data quality to make it more accurate and usable. We are committed to our Vision.

    We began with ForeclosureRadar in 2006 – a hugely successful first step towards today, and we thank all of our loyal customers who are building their future on us.

    Our brand name change to PropertyRadar encompasses our larger vision.

  • ForeclosureRadar Customers Get 30 FREE Logins to PropertyRadar & FREE Access to the iPhone App

    Starting Oct. 8, 2013, paying ForeclosureRadar customers with active subscriptions also get 30 FREE logins to PropertyRadar, credited to their account. Additionally, you get FREE access to the new PropertyRadar iPhone App, as long as you have FREE logins remaining.  

    How it Works

    Every time you login to PropertyRadar, you will get a message about upgrading your account to PropertyRadar and one “login” will be debited from your 30 credits. We will show you how many FREE logins you have left.  

    Your 30 FREE logins provide access to PropertyRadar’s Professional Package, plus 20,000 exports*  and the new iPhone App

    Remember, you can pay the SAME low priced value of $49/mo for PropertyRadar’s Foreclosure Package and avoid any disruption in access to PropertyRadar or the iPhone App by simply upgrading your account by logging in to PropertyRadar.

    Have your credit card handy, as we’ll need to ask for that again. You will not be billed twice, if you upgrade FROM ForeclosureRadar TO PropertyRadar. You will only be billed twice if you ADD a new PropertyRadar package, and KEEP your ForeclosureRadar subscription in case you also do business in Nevada, Arizona, Washington and Oregon.

    M. Torres, Sacramento, CA Investor - “I appreciated the rec from ForeclosureRadar to PropertyRadar…it was a GOOD move, thanks!” 



     * per calendar month.


  • I'm not ready to upgrade. Do I have to?

    You do not need to upgrade to PropertyRadar by any deadline. We believe that once you see it, you’ll believe it and will upgrade for the same low priced value as soon as you can!


    We also want to be sure you have time to check it out before upgrading. 


    Starting October 8, 2013, you have 30 FREE logins to PropertyRadar added to your account. With these logins, you can see all of the powerful new features and how you can increase business. 


    We’ll show you how many logins you have left, every time you access PropertyRadar. We’ll also show you how easy it is to transition your account.


    Login today!

  • Does ForeclosureRadar work on the Android platform?

    ForeclosureRadar requires the use of Adobe Flash which is not currently available on Android cell phones. A few of the recently introduced tablets do support Adobe Flash. The site can be accessed in its entirety by using the Motorola Xoom. You will most likely want to use a stylus to scroll and navigate the site due to the size of the screen. We cannot recommend the Blackberry because the smaller screen makes it difficult to use the site or the Galaxy because of the inability to consistently access the site.

    If you are using the iPhone or the iPad you can download the app by going to: http://itunes.apple.com/app/foreclosureradar/id379791441?mt=8

    We do not currently have plans to add additional platforms, however we will continue to monitor this for future consideration.

  • Why do some properties disappear from your system?

    Properties records will never disappear from our system. If you are tracking a property and can no longer find it using our standard search, it is likely because its status has changed and we no longer consider it an active foreclosure. You can still find these properties by checking the Include Historical Records checkbox, from the Foreclosure Details menu.

  • Why can't I print, email or export?

    Certain browsers require that pop-up blockers are turned off in order for our print, email and export functions to work — particularly Safari.

  • Which internet browsers do you support?

    ForeclosureRadar.com supports Firefox 3.0+ on Windows or Mac, Internet Explorer 7 or 8 on Windows, and Safari 4.0+ on Mac. Internet Explorer 6 is not recommended, and other browsers and operating systems may work but are neither tested nor supported.

  • I'd like to talk with someone, what is your phone number?

    We don’t offer a phone number to call for support in an effort to keep our subscription price as low as possible. That said, we work very hard to be responsive to every support request, and if you’d prefer to speak with someone by phone rather than receive an answer by email, we’d be happy to call you. Simply let us know on the support form, and include your phone number and the best times to reach you. We monitor and respond to support inquiries Monday to Friday, 9am to 5pm, pacific time.

  • I think I've found a bug in the product, can you fix it?

    We are doing our best to find and fix every possible bug, so that you can focus on your business. Unfortunately, with the wide variety of computers, operating systems and browsers, we might miss a few and would greatly appreciate any findings you may come across. Please use the support form, and include as much detail as possible. Please also include your operating system and browser information, so that we can replicate the problem.

  • Why can't I access the Search, Auction, or Analyze tools?

    Our site requires Adobe Flash Player™ 10.

    Thanks to popular Flash-based applications like YouTube, it should already be installed on your computer, and if not, it should install automatically. On the rare occasion you need to manually install it, please go to the Adobe website and download the Adobe Flash Player.

    If you are still experiencing difficulties, please visit the Adobe Troubleshooting Page for either Windows PC users, or for Mac users.

Real Estate Investor
  • The property went back to the bank. Can I contact the bank directly to purchase the property?

    Although it is technically POSSIBLE to purchase directly from the lender prior to them listing the property, it is RARE and very difficult. In most cases the lender assigns the property to an asset manager, who performs the occupancy check, assess the condition of the property, prepares it for sale, and orders a BPO/Appraisal to determine the fair market value. The bank then lists the property and takes offers. To successfully purchase a property from the lender prior to the sale, you must find a decision maker with the lender that has the authority to enter into a purchase agreement prior to listing the property.

  • The trustee has not returned the overbid and I desperately need that money. Is there any statute of limitations or laws that say they must return the overage by a certain date?

    We are not aware of a clearly defined time limit on the return of any overage. Contact them on a daily basis and escalate to a manager if you are not getting a response.

  • It has been several days since the sale and the trustee has not delivered the trustees deed. What can I do to speed things up?

    Contact the Trustee. This may mean calling them daily for a status check on the Trustees Deed. You may also want to remind them that California law requires that the deed be recorded within 14 days for the sale to be effective, as of 8am the date of sale.

  • The owner said that they are filing a lawsuit against the lender for illegally foreclosing on their property. What are my rights/options?

    It is going to depend on the specific situation. If they have a valid reason to fight the foreclosure, then you may want to work with them to get the sale rescinded and get your money back as quickly as possible. Otherwise, if they do actually file a lawsuit you will need to hire an attorney, though you may want to let the lenders attorney take the lead to minimize your expenses.

  • Do I have to refund the tenant's security deposit?

    You are not obligated to refund the security deposit and the tenants can pursue collection of the security deposit from the prior owner in small claims court. Oftentimes it is easier to offer a cash-for-keys incentive to negotiate a move out date (typically faster than waiting the 90 days) and provide them with some funds to move since it may take time for them to get their deposit back from the prior owner.

  • What if the tenant will not show me a lease/rental agreement?

    Under the Protecting Tenants in Foreclosure Act you are obligated to give a renter 90-days notice if they are renting on a month-to-month tenancy, or honor the terms of the lease provided it is a valid lease, with fair market rents, and signed prior to the Notice of Default. If the renter fails to pay under the terms of that lease, then you would have the right to evict them with 3 days notice for failure to pay.

  • Can I give the owner a 3-day notice right away?

    Provided the Trustees Deed is recorded within 14 days of the sale, the effective date of your ownership is on the date of the sale. Many investors make contact with the occupants right away, but wait until the Trustees Deed is recorded to serve a 3-day notice.

  • I am the winning bidder. How soon can I change the locks if the property is vacant?

    If the property is vacant you can change the locks right away and take possession of the property.

  • Why would the lender post an opening bid that is substantially higher than the value of the property?

    The lender can discount the opening bid or add the additional interest that has accrued on the loan to the published bid. It is impossible to know for sure which lenders will discount the opening bid. Oftentimes, the lender is the servicer of the loan for another investor and the opening bid is set by the actual investor. There could be additional interests involved, like the existence of a Mortgage Insurance policy. This may cause the lender to set the opening bid at the full amount owed on the loan.

  • What do I need to take with me to bid at a trustee sale?

    To bid you need to qualify, which in most states means you will be required to show the auctioneer identification, and cash or cashiers checks sufficient to cover the full amount you wish to bid (though Arizona requires only a deposit).
    Most investors take cashiers checks made out to themselves. If you are not the winning bidder, you can easily redeposit the funds, and if you are the winning bidder, you can endorse the check over to the trustee. However, trustees can require their own individual payment requirements. 

    Q-How can I get the opening bids even faster?

    The lender gets to make the first bid, which is called the opening bid. Some now also refer to it as the drop bid, because lenders now often substantially discount the opening bid from the amount owed. The laws regarding opening bids vary from state to state. In California the lender/trustee is under no legal obligation to announce the opening bid in advance of the sale. They typically release the opening bid the day before or the morning of the sale. Sometimes the opening bid is not announced until the sale starts. The research team at ForeclosureRadar works diligently to post opening bids as quickly as possible. We also provide the trustee name, phone number and TS number so that you can manually call the trustee for last minute information if you prefer.

  • What are the holidays for auction sales?

    Reminder: Auctions do not occur on Federal, State, or some County holidays. Some locations may close for a half-day on some other days, such as Good Friday; so remember to verify with your location.


    January 1 – New Year’s Day

    January 20 – Martin Luther King Jr. Day

    February 12 – Lincoln’s Birthday (CA)

    February 17 – President’s Day

    March 31 – Cesar Chavez Day (CA)

    April 18 – Good Friday – No sales between 12-3pm CA & AZ

    May 26 – Memorial Day

    July 4 – Independence Day

    September 1 – Labor Day

    September 9 – Admission Day (CA)

    October 13 – Columbus Day

    October 31 – Nevada Day – No sales NV

    November 11 – Veteran’s Day

    November 27 & 28 – Thanksgiving

    December 25 – Christmas Day



  • What counties do you offer service in?

    For a complete list of the states and counties we service see: Coverage Areas.

  • Does ForeclosureRadar offer Notice of Default lists?

    Yes. By utilizing our 60 various search criteria, we provide users the ability to print customized NOD lists tailored to meet their needs and add efficiency into their workday. Within seconds, you can eliminate hours of wasted time sifting through unwanted listings using other providers pre-formatted NOD lists.

  • What is the difference between an Opening Bid and the Published Bid?

    The Published Bid is the estimated opening bid published in the Notice of Trustee Sale, where as the Opening Bid is the actual amount at which the lender plans to, or did, start the bidding at auction.

  • Do you track Commercial Properties?

    Yes. We track all foreclosures and allow you to search and filter by property type.
    Examples of various property types include: Single Family, Condominium, Commercial, Industrial, Agricultural, Land and several others.

  • Do you offer seminars, coaching or mentoring?

    We are always willing to work with groups and individuals on how to best use our software. We do not charge for email support or our webinars, and we will consider requests for training groups in person. We do not offer any systems or programs on how to make money in foreclosures. We are working hard to find trainers and resources that we will be able to confidently refer you to, in the near future.

  • Do you offer discounts on subscription fees?

    Yes. You may sign-up for an extended commitment and enjoy savings of up to 25% off. If you are a member of C.A.R., you can receive an additional 10% discount by simply entering in your NRDS # at sign-up or prior to your next billing under your account settings.
    You can change to an extended plan or enter in your NRDS # by signing into your account, visiting your My Account page, and navigating to the Billing page. Once there, click the Change Service button, which will show you all of the currently available options.

  • Can I cancel at anytime?

    Yes. Your subscription is month-to-month and will automatically renew every month, unless canceled. Once you cancel, you will receive no further charges, and continue to have access to our software through the balance of your paid or trial period. If you have an annual, biannual or quartlery subscription and you wish to cancel prior to your renewal date, please contact our Support team immediately. 

  • I have a billing question.

    Please contact us. We want for you to be happy and satisfied with our services. We will do our best to promptly reply to any inquiries during business hours, pacific time.

    Please note: You will see ForeclosureRadar on your credit card statement, whether you are a ForeclosureRadar or PropertyRadar subscriber. If you have subscribed to both products, you will see two charges from ForeclosureRadar on your statement. 

  • How do I cancel?

    We’re sorry to see you go, but you can immediately cancel your service by logging in and going to your My Account page. Once there, simply click the cancel button and tell us why you have chosen to discontinue the service. If for any reason you can’t login, feel free to contact us. Our customer service team is happy to help.

  • Why is a credit card required for the free trial?

    A credit card is required to insure uninterrupted service should you choose not to cancel service before the trial period expires. Your credit card will not be billed during the trial period, however, we will check to see if the credit card is valid for the term selected. If you do not want to continue service beyond the trial, you must cancel the service, otherwise your card will be billed.

Data Quality
  • How do you determine the Estimated Value of properties on your site?

    We use a commercial grade automated valuation model (AVM) which is based on public records data to determine estimated home values for properties. This is a highly ranked AVM, but like all AVM’s it is only as good as the public record data available and does not take into account property condition and other factors which may affect the value. An AVM is no substitute for a professional opinion of value, based on knowledge of the local market and condition of the property, which is best provided by a Realtor or appraiser.

  • I think there is an error in your data; can you please verify that it is correct?

    Unfortunately, errors in public records data are fairly common. We always welcome your help by letting us know when you find an error, and we are also willing to research and correct those errors. If you think you’ve found an error please submit it to our Support team. Our staff will research the error and respond during normal business hours, pacific time. Also please be sure to see How reliable is your data.

  • How reliable is your data?

    We try really hard to ensure our data is accurate, but unfortunately, we cannot guarantee the accuracy of our data as we gather it from a variety of sources.
    Before purchasing a property, you should verify all details; and if possible, purchase title insurance. If you think you’ve found an error in our data, please contact us to report it. Also, please keep the following in mind:

    1. Property information (beds, baths, sq ft, etc.) comes from the county assessor’s office, and only reflects the original details of the property when it was built, and work completed under permit. You should verify these details by physically inspecting the property prior to purchase.
    2. Title information shows that there may be other items owed on the property including loans, past due property taxes, IRS liens and other encumbrances. Depending on whether the property is purchased before the auction from the owner, at auction, or from the bank after the auction, the purchaser may be responsible for paying some or all of these items. A title insurance policy should identify all of these items and provide insurance in the event it does not. Be careful of lien and loan reports offered by other services – we are not aware of any service other than an insured title policy that reliably provides complete lien and loan information. Even then, keep in mind that title companies offer insurance for a reason – they make mistakes too.
    3. Estimated Equity and Loan Positions are determined using computer models and have not been manually reviewed. As such, they should be used with caution and we strongly recommend you do your own due diligence, and when applicable, get title insurance.
  • Why does your site indicate that there are less opportunities than other sites?

    We believe we have the most accurate count of real foreclosure opportunities in the business. We only include Notices of Default (as Preforeclosure opportunities) for 120 days after they are issued, or until a Notice of Sale is filed, whichever occurs first. If a Notice of Sale has not been filed within 120 days, the owner has likely resolved the problem. Similarly, we only include Bank Owned opportunities for 120 days after the auction, as the bank will have likely listed the property in the MLS by that point. If you want to lookup properties over 120 days, you can still search our historical data.

    The most significant difference between ForeclosureRadar™ and other sites is regarding active auction opportunities. We include auction opportunities from the date the Notice of Sale is filed until the foreclosure is actually sold, or the foreclosure is cancelled. As the only site that actively tracks every auction in California, we are the only company who can actively remove Auction opportunities as soon as they are resolved.

    Bottom line…by only including active opportunities, we show fewer opportunities than our competitors, but save you from wasting time on dead deals.

  • Should I continue to pay the property taxes if I am not paying my mortgage?

    In California, the property taxes are a super lien, which means the lender is junior to the tax collector. A lender will pay past-due taxes to secure their lien position. Once the property goes to foreclosure, the lender will have to pay all past due property taxes. If the foreclosure is eminent, there is no reason for you to pay the property taxes. That said, if you live in a state that allows deficiency judgments, this amount would be added to the deficiency, so it may be cheaper to pay them before penalties and late fees are added.

  • If the lender forecloses and there are past-due Homeowner Association (HOA) dues, are they wiped out?

    In most cases the HOA is not a pre-lien like property taxes. This means that when you stop paying the HOA dues and they file a lien, it is typically junior to your Deed of Trust. If the lender forecloses, then the HOA lien is wiped out. After the foreclosure, the lender/investor is only responsible for the HOA dues from the date of the foreclosure sale. The HOA can pursue the prior owner for payment of the past due amounts. Many of these associations are suffering financial hardship due to the number of foreclosures and they are getting more aggressive about pursuing collection.

  • If I have a second mortgage and the first forecloses, do I still have to pay on the second?

    In California, if the second was a purchase money loan (the loan was funded and recorded the same day you purchased the property and every penny of the loan was used for the purchase) then the second could not pursue collection on this loan under the purchase money rule.
    If it was not a purchase money loan then the second’s secured interest in the property, would be wiped out by the foreclosure of the first. While no longer being secured by the property, the lender can still pursue collection of the loan. It essentially becomes an unsecured loan, like a credit card. A bankruptcy could wipe out this debt or you could contact the lender to settle the account. If you ignore this and work on rebuilding your credit, it could easily resurface once you are on the road to recovery. Many of these loans are sold to collection agencies that can be aggressive and difficult to settle with. It is better to address this sooner than later.

  • The bank is evicting me. I am taking all of my loan documents to court to fight the foreclosure. What are the chances I will win?

    It is probably in your best interest to have a lawyer review the documents. It is not easy to tell if the documents have not been properly signed or recorded. You need to search for Assignments if your loan has been sold or transferred and Substitutions of Trustee, if the foreclosing Trustee is different from the Trustee name that appears on your Deed of Trust. Once you have these documents (or see that they have not been recorded) you need to research the name of the signor, to see if they have the authority to sign these documents. The robo-signing scandal was discovered in 2008. At this point the lenders have extensively researched this matter and it is unlikely that this activity is taking place on current foreclosures.
    Typically the eviction court will not look at your loan documents. They are only there to verify that the lender now owns the property and that they have given you the appropriate notice to vacate the premises.

  • My home just went to trustee sale. How long do I have before I have to move?

    When a property sells at trustee sale there are only two possible outcomes. The property is either sold to a third party investor or it is now bank owned. If a third party investor purchases the property, they will likely make contact within 2 to 3 weeks to determine who is living in the home and whether or not you intend to move soon.

    If the property went back to the bank it may take a couple of days or longer for a bank representative to contact the occupants. The bank representative will also try to determine who is living in the property and if you intend to move.

    It is usually in the best interest of the occupants to talk to the bank/investor. This is typically when a cash-for-keys offer can be negotiated. Keep in mind that the lender/investor is under no obligation to offer a cash-for-keys incentive where they pay you to leave quickly and leave the property clean.

    They could simply serve the appropriate notice. In California this would be a 3-day notice for an owner and a renter on a month-to-month rental agreement would be given a 90-day notice. If there is a long term lease in place, signed prior to the filing of the Notice of Default, then the investor/lender is required to allow you to stay until the end of the lease term under the Protecting Tenants in Foreclosure Act, subject to certain exceptions (for example it has to be a real lease, at fair market rents, and you have to make the payments).

  • Will I be able to find a rental with a foreclosure on my record?

    Many landlords understand credit challenges, especially those that have lost their homes due to the collapse of the housing industry. Be prepared to tell your story and provide documentation to back this up. Having an eviction (unlawful detainer) on your record can be more damaging than a foreclosure, so carefully consider accepting cash-4-keys to move rather than fighting the eviction after foreclosure.

  • Can I buy my property back after a trustee sale?

    Although it is technically possible for you to buy your property back after trustee sale, you need to be aware that prior debts could re-attach to the property thus eliminating any benefit the foreclosure would have with regard to wiping out junior liens.

  • How soon after a foreclosure can I buy a home?

    If you have cash or access to a private-money lender, you can purchase immediately. Under current FHA guidelines you can qualify for a loan in three years provided you meet the other underwriting guidelines including verifiable income and credit score.

  • I had a modification application pending and the bank foreclosed. Is this illegal?

    A lender is not legally obligated to modify the terms of the loan. The presence of an application for a modification or a pending short sale does not prevent the lender from foreclosing. Oftentimes, the the lender will “dual track” a file which means that the foreclosure will be in process at the same time they are reviewing the modification application. If you have an active sale date make sure you are also communicating with the Trustee to postpone or cancel the sale.

  • What are my options to avoid foreclosure?

    You can 1) pay your loan current (reinstatement), 2) payoff the loan (refinance), 3) enter into a payment plan, forbearance agreement, or loan modification with the current lender, 5) seek lender approval for a short sale, or 6) ask the lender to take the property back (deed-in-lieu of foreclosure). Also, if you feel you have some legal grounds you could sue your lender. Note that the lender is not obligated to accept any of these options except reinstatement or payoff, the others all are at the lenders option.

  • Can the bank change the locks and lock me out before they foreclose?

    A bank cannot lock you out of the property prior to the foreclosure, but under the terms of the Deed of Trust they can likely secure the property and make any necessary repairs. If the lender inspects the property and sees that it is vacant and the doors and windows have been left open they can take reasonable measures to secure the property. Once they do this, they typically leave a notice taped to the door. If the owner contacts the lender, the bank should turn over the keys.

  • Can a Homeowners Association (HOA) foreclose and if so can they kick me out?

    An HOA can foreclose for past due amounts. If the property goes back to the HOA at a trustee sale, they would have the legal right to evict the occupants and sell or rent the property. HOA liens are typically junior to any Deeds of Trust, so the HOA would be responsible for the payoff of any senior liens or loans or they could risk losing their ownership when/if the senior Deed of Trust later foreclosed. Note, in California the homeowner does have a 90 day period during which they can redeem their ownership by paying the outstanding dues.

  • Can I redeem my property after a Trustee Sale?

    This depends on the state. Some states do allow for a redemption period following a foreclosure. In California there is NO Redemption period for non-judicial foreclosures. The ONE exception to this rule in California is for non-judicial homeowner association lien foreclosures. If your HOA forecloses on your property you have a 90-day redemption period.

  • A third party has asked me to pay a monthly fee to stop the foreclosure. Is there a chance that I could get my house for free?

    There are many organizations that claim to provide foreclosure-delaying services. Although these strategies can be effective in delaying the foreclosure process they will not likely result in the elimination of any debt secured by the property. There is usually nothing they can do that you cannot likely do yourself, for example calling the bank and requesting a postponement or filing bankruptcy. Finally, many of these services are scams and some states like California have passed laws limiting the claims they can make and the fees they can charge.

  • The lender substituted the trustee right before they filed the Notice of Default. Is this legal?

    The lender has the right to sell or transfer the servicing of the loan and can substitute the trustee at any time. Prior to filing a Notice of Default and starting the foreclosure process they should make sure the paperwork is in order and record any necessary Assignments or Substitutions of Trustee.

  • I have asked the lender to produce the original note. Can they still foreclose?

    This is becoming a popular practice for delaying a foreclosure. Although it MAY be useful as a delaying tactic, it will likely not result in eliminating the debt. The idea was, these loans were sold so quickly and the document tracking was so poor that the original note was lost, and that without it, the lender would have no proof of the loan. The truth is that a lender can simply file an Affidavit of Lost Original and it would be up to the homeowner to prove that the loan was paid off in order to stop the foreclosure.

  • I just stopped making my house payments. How long before I must move?

    In a normal market, most lenders would start the foreclosure process after three missed payments. In California, the non-judicial foreclosure process takes a minimum of 111 days. We are in unprecedented times in terms of the delays in the foreclosure process. Some lenders are taking over two years to foreclose. Smaller local banks, private beneficiaries, and credit unions may foreclose much faster than the larger banks. It is impossible to know exactly how long you have before the foreclosure will take place. It is reasonable that you would have at least seven months before a sale date is set. 

  • Do I have to pay rent during the notice period?

    The Protecting Tenants in Foreclosure Act extended the notice period before eviction to 90 days, but was unclear whether or not the tenant must pay rent during that period. While being evicted due to foreclosure now requires 90 days notice, eviction for non-payment of rent still only requires 3 days notice. Most eviction attorneys recommend that the bank/investor does NOT pursue an eviction for non-payment during the 90 day notice period. This does not mean they cannot try to collect on this past due rent after the 90 days expire. In fact, the bank/investor is entitled to fair market rents from the day they take ownership and will typically receive a monetary judgment against the homeowner for the unpaid rent at the end of the eviction process. This is one more reason why renters should consider accepting cash-4-keys rather than fight the eviction.

  • How long does the eviction process take?

    This varies from state to state and, in the case of rent-controlled areas, it could vary from city to city. In California, it takes approximately 60-90 days, if the eviction is contested and the tenant answers the complaint.

  • Can the bank change the locks and lock me out after a foreclosure?

    After a property goes to foreclosure, the bank/investor will have a representative contact you. During this occupancy check, their first objective is to find out if you are a renter or the prior owner. They will also want to know if you intend to move or if they can negotiate a move-out date. If you are not home, they will leave a note with a contact number. It is in your best interest to call them or they could assume that the property has been abandoned.

    If you are living in the property, they cannot just change the locks and lock you out of the property, instead they must first give you notice (in California renters without a long term lease get 90-days notice while owners get 3 days notice), then file an unlawful detainer lawsuit (eviction), and finally get a judgment ordering the eviction. The eviction process typically takes 30-90 days in California. Most banks/investors will offer you cash-4-keys paying you to leave the property quickly and clean.

    If they believe the property is vacant or abandoned, they can enter and change the locks. If you come home to find the locks changed and you are still living in the property, contact them (they typically leave a note on the door or window with a contact number) and if you can prove that you still live there, they should turn over a new key.

  • What happens to my security deposit after a foreclosure?

    The security deposit remains with the prior owner and the bank/investor that acquired the property is not obligated to refund the security deposit. Often times the lender/investor will offer a cash-for-keys incentive for you to be out by a certain date. Even if you accept the cash-for-keys, you can still pursue the collection of your security deposit through small claims court from your prior landlord. Keep in mind that if you stopped making rent payments prior to the foreclosure sale, the landlord can apply the security deposit toward the unpaid rent.

  • I just found out my landlord is not paying the mortgage. Do I still have to pay rent?

    The rent is still due regardless of the loan status. As long as you are receiving the benefit of the occupancy as outlined in your lease/rental agreement, then you are obligated to pay the agreed upon amount. Even if a landlord is in foreclosure, they can still evict you for non-payment of rent. Many renters stop paying rent when they find out about the foreclosure because they do not believe that the landlord will pursue an eviction if they are losing the house anyway. Keep in mind that sometimes a landlord may be in foreclosure, but actively pursuing a modification of the loan terms. In this case they are working to correct the issue and any loss of rent may impact their ability to receive a modification.