I noticed a property that sold over 45 days ago is still showing as a "preforeclosure" with a sale date set for Feb. 2012. Is this an error?
Posted by Debbie Kalfas
from CA
2 Answers
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Thank you very much for that very succinct explanation. I really love the work that you are doing. Here are some addresses that you can verify in your system:
127 Ritter Ct., Fairfield, CA sold on 11/10/11
1437 Minnesota, Fairfield, CA sold on 12/12/11
Thanks again! Deb
Answered by Debbie Kalfas
Thu Dec 29th 2011 at 3:18pm
Hi Debbie,
It appears that the property on Ritter did have a full value transfer on 11/10/11. We have sent a message to our research department to move this to historical records.
When examining the property on Minnesota we do see that there was a Grant Deed filed on 12/12/11 but the transfer value was $60,000 when our AVM shows the property has a value of $120,000. The new buyer did not secure a new loan so we cannot verify that this was in fact a Full Value transfer. The loan in foreclosure was over 300,000 so a $60,000 short sale on a property worth over $100,000 (although possible) seems unlikely. In this case we would not move this to historical unless we are given additional information that this was in fact a full value transfer. In this case we cannot determine that from the public record information. Michelle
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Hi Debbie,
We show Preforeclosures for 120 days from the day they are filed (with no regard to sales activity), and we ALSO show the "Current Owner" and that does not necessarily mean that the current owner is in foreclosure. The reason we do this is that a sale does not always cancel a foreclosure. Sean O'Toole, the Founder of ForeclosureRadar has actually purchased properties at trustee sale after they've been sold because the loan wasn't actually paid off. That is why we do not report a change until it appears on the trustee site.
We have also found that in some cases the Grant Deed is recorded as a foreclosure delaying tactic and the property is still in foreclosure.
If you email us with the address, and the date escrow closed and we'd be happy to manually research this and set the record to historical if the foreclosure was canceled. Setting it to historical will remove it from our default search results. Note that a few months ago we did this for an owner and found out the trustee sale was still scheduled our research helped them avoid a real problem as a foreclosure sale can OVERTURN a closed escrow (though their title insurance would have covered it).
Anyone buying a preforeclosure should be aware that the public record notices filed before they purchased will likely result in some disruption for 3-6 months after they close escrow. I'd actually recommend Realtors disclose this on short sale transactions.
Recently we have had two homeowners contact us and tell us that they were contacted a month after close of escrow to be told that the lender had rejected the payoff check and that the lender would be moving forward with foreclosure. The homeowners in these cases should be protected by title insurance, but understand cases like this make us reluctant to set any foreclosure to inactive just because there was a closed escrow. Unfortunately closing escrow isn't always enough.
Answered by Michelle
Thu Dec 29th 2011 at 2:17pm
