For Sale by Owner, Foreclosure

Understanding The Foreclosure Process In Virginia And Maryland

WHAT IS FORECLOSURE?

Foreclosure is the legal process in which lenders take back a property that is securing a loan. Foreclosure happens if the borrower has not made a mortgage payment in approximately 3 to 6 months. The foreclosure process is slightly different in every state, but there are two main types of foreclosure: judicial and power of sale.

JUDICIAL FORECLOSURE

  • Lender files a suit in the court system
  • The court will send a letter demanding payment
  • You have 30 days to bring payment to court to avoid foreclosure (extensions are sometimes possible)
  • If you cannot pay, the lender can request the sale of your property by auction and you will be evicted.
  • Any contractors or banks with liens against the property can collect from the proceeds of the auction

NONJUDICIAL FORECLOSURE (POWER OF SALE)

  • Lender serves you with papers demanding payment
  • There is a waiting period during which you can submit payment
  • If you do not pay, your property will be transferred to a trustee
  • The trustee can sell your property to the lender at public auction
  • Any contractors or banks with liens against the property can collect from the proceeds of the auction

FORECLOSURE IN VA

Virginia is a “title theory” state, meaning that the property title remains in trust until the loan is made in full. In most cases, Virginia residential foreclosures are nonjudicial. This means that the lender doesn’t have to go through state courts to foreclose. However, there are also cases of judicial foreclosures. Most of the time, after foreclosure, there will be an auction and the property will be sold. Post-foreclosure redemption periods are rare, but they are possible, and deficiency judgments are permitted. The whole foreclosure process takes about 2-3 months.

FORECLOSURE IN MD

Maryland is a “lien theory” state, meaning that a property acts as security for the underlying loan. In most cases, Maryland residential foreclosures are judicial. This means that a state court issues the final judgement of foreclosure, after which the property will be sold with public notice. Court determined post-foreclosure redemption periods may be allowed, and deficiency judgments are permitted. The whole process takes about 2-3 months.

HOW TO AVOID A FORECLOSURE AUCTION

In some cases, you can avoid getting foreclosed and evicted. It is always worth a try. You can call your bank and attempt to negotiate, or you can work with a reputable real estate company like 8 Day Home Sale to sell your property for its cash value before the foreclosure process begins. If you’ve received notice of foreclosure, there is no time to waste. Get in contact with us today Maryland and Virginia residents for a no-obligation, no-pressure, fair cash offer on your home.

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For Sale by Owner

Pros and Cons of Selling Your House Yourself (FSBO)

If you’re considering the sale of your house in Maryland, Virginia, Washington DC, or Baltimore, you have lots of questions. Selling your house is one of the largest financial transactions most people do in a lifetime, you want to make sure you make the right decisions and avoid unnecessary costs which eat into your profit. Perhaps you’ve even wondered if you really need an agent to sell your house; after all, you can easily meet potential buyers and show your home…but is that all there is?

Before you decide to try and sell your house without an agent, learn the pros and cons associated with the “go it alone” technique known as “for sale by owner”.

Pros of Selling Your Home as a FSBO

Save Money on Commissions

Selling your home as a FSBO (for sale by owner) will certainly save you the cost of commissions for the listing agent. While all commissions are negotiable, most range from 4-6% nationwide. Typically, half of the negotiated commission is then offered to the agent who finds the buyer. Most FSBO listings still sell to a buyer with their own agent, thus you save only half the cost of commission.

No Strangers in Your Home

By selling your home as a FSBO, you never need to worry about who’s in your home or with whom. You will arrange all showings yourself and will be present for the visits.

Control of the Process

By representing yourself in the transaction, you can control what is communicated to the other party. You control the negotiations at every stage of the process.

Cons of Selling Your Home as a FSBO

Pricing

While overpricing a listing is bad, underpricing the listing is worse. When you are not privy to the market analysis in the MLS (Multiple Listing Service), you do not have the most comprehensive data to use when pricing your home for sale.

Time

Arranging home showings takes time. Not only is it common for buyers and their agents to run late, or early, but you must be there to meet each party.

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