Buying Foreclosures

Foreclosures are commonly desirable by investors and real estate buyers not only in Southern Oregon but all over the country due to the sometimes lower sales prices they can offer.

Foreclosures are either Judicial or Non-judicial and eventually sold at public auction. These auctions are can be held in different locations depending on the state. In Oregon they are either sold at a Sheriff (Judicial) or at the courthouse steps (non-judicial).

Foreclosures that did not sell at public auction are most the time then listed with a local real estate broker and placed on the open market. A lot of times these homes will be distressed and need work therefore they are priced lower to factor in repairs needed. Sometimes these properties will be priced low to attract a bidding war therefore driving the price up to normal market values.

Judicial Foreclosures

The judicial process of foreclosure will involve a lender or lienholder filing a lawsuit to obtain a court order to be able to foreclose, and is used when no power of sale is present in the deed of trust or mortgage. In most cases, after a declaration of foreclosure by the court, the home will be auctioned off to the highest bidder. With this type of foreclosure, the borrower has the right to redeem the property by paying the purchase price, plus interest, any foreclosure costs and the expenses the purchaser has incurred in operating and maintaining the property within 180 days after the sale date. To redeem the borrower needs to file a notice no less than two days and not more than thirty with the sheriff.

Non-Judicial Foreclosures

The process for non-judicial foreclosures is used when a mortgage or deed of trust contains a power of sale clause. A "power of sale" clause in a deed of trust or mortgage, in which the borrower will pre-authorize the sale of property to satisfy the loan balance in the event they default. In mortgages or deeds of trust where a power of sale exists, the lender is given the power to sell the property and may be executed by the lender or their representative, generally referred to as a trustee. Rockwell Real Estate and their team are no way providing legal advice and anyone with legal questions surrounding foreclosures should consult legal advice with an attorney. This information is provided as general in nature.