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tracking trustee sale results?


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2011 Aug 12, 8:36pm   6,598 views  12 comments

by unstoppable   ➕follow (0)   💰tip   ignore  

Does anyone know of a service that allows you to search for trustee sales results? I'm trying to get a feel for what the discount should be for house sold on the courthouse steps in my area, also what percentage of homes ar bought by 3rd parties vs. being returned to the banks. I subscribe to realtytrac and it's not any help.

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1   FortWayne   2011 Aug 13, 2:22am  

its public data, your county assessor should have it available on their website for free. Every third party gets that information from the county assessor so might as well go to the source.

2   FortWayne   2011 Aug 13, 4:47am  

county usually can only search by apn or address. bit late, but free.

3   kc6zlv   2011 Aug 14, 5:48pm  

The sale price is recorded with the county. Most assessor websites only put parcel, zoning and tax information on public access web pages.

4   Matt99999   2011 Aug 15, 10:45am  

I have an intresting lets call it a theory , House is in foreclosure , goes to trustee sale at courthouse steps . Balance on loan due $ 350.000 , around here in maryland bidding starts , trustee bids it at whats owed , house goes back to bank 90 % of the time . Final bid was what was owed , $350,000. Bank buys it back ...

Now is this a legal sale ? Is the answer is yes , then in theory there can not be a deficency judgement since the house was SOLD for what was owed. Now if the trustee did not bid , and the house sold for $ 100, 000 at the courthouse steps , there could be a deficency judjement .

What i am seeing is the bank buys the house back , closes it up , mold , and other damages occur , house sits for a year before being listed , sits on the mls for $350.000 for a year and the bank ends up taking $ 100,000 . Now how can the bank claim the deficency judgement when they were the ones who let the property go into disrepair ?

5   Matt99999   2011 Aug 15, 11:59am  

I read of these deficency judjements, I have been on the courthouse steps when a house was up for auction balance on the loan was $ 280,000 I bid at $200.000 , the trustee took the bid to $ 280,000 , bank bought it back . 18 months later house sold , flooded basement , overgrown lawn , mold , for $ 110,000.

My opinion would be that there can be no deficency judgement since the sale at the courthouse was for the balance owed . The court ratified the sale amount at $ 280.000 . Since the property was sold to the bank , it was in their care , custody and control they are ultimatly responsible for the loss , not the owner who defaulted .

6   sean7825   2011 Aug 15, 12:07pm  

Interesting Matt. Seems to me that it really comes down to the specific laws of the state, or if the laws are silent on this particular issue, the established case law from the courts. In general I think the states and the courts have considered the deficiency the actual loss taken by the lender at the time of "disposition" (meaning when the bank no longer has any interest).

That said, it seems reasonable that if there was clear evidence that the lender was negligent in their care or disposition efforts there might be grounds for fighting the deficiency action and perhaps avoiding a judgment. Obviously the only way to know for sure is to research the laws in your state or hire a competent attorney.

7   corntrollio   2011 Aug 16, 4:20am  

Matt99999 says

I bid at $200.000 , the trustee took the bid to $ 280,000 , bank bought it back . 18 months later house sold , flooded basement , overgrown lawn , mold , for $ 110,000.

What house is this?

Matt99999 says

Since the property was sold to the bank , it was in their care , custody and control they are ultimatly responsible for the loss , not the owner who defaulted .

That's not completely true -- if the only non-bank bidder bid $200K, there is a built-in $80K deficiency at minimum, regardless of negligence or waste.

8   Matt99999   2011 Aug 16, 4:48am  

It was a house off ft smallwood road in pasadena I bid on last year.

That's not completely true -- if the only non-bank bidder bid $200K, there is a built-in $80K deficiency at minimum, regardless of negligence or waste.

well the problem lies in that they dont record the bids as they are occuring , only the final bid .

9   corntrollio   2011 Aug 16, 5:17am  

Matt99999 says

My opinion would be that there can be no deficency judgement since the sale at the courthouse was for the balance owed . The court ratified the sale amount at $ 280.000 .

Maybe I'm confused here -- are you saying the bank made a full credit bid? In many states, that means they can't get a deficiency.

10   Matt99999   2011 Aug 16, 5:27am  

Yes . they bid what was owed ,

11   corntrollio   2011 Aug 16, 5:32am  

Matt99999 says

Yes . they bid what was owed ,

So okay, I still don't understand what your theory tell us. Your theory is that what you believe should be the law is generally the law, right?

12   sean7825   2011 Aug 17, 6:46am  

I still think there is confusion around "trustee sale results"... which is generally considered to be opening bids, postponements, cancellations, AND "sale results". Those "sale results" do ultimately get recorded as trustees deeds at the county recorders office, but that is just a subset of the "trustee sale results" you get from actually tracking the trustee sales. The county recorder does not track opening bids, postponements, or, in most states, cancellations.

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