How To Find Out If A House Is In Foreclosure?
This is something that comes up not all the time but periodically. We have a client who isn’t really sure if their house is in foreclosure or not because they are getting calls from various debt collectors and they are not really sure. Is there a real foreclosure or are these guys really trying to scare and intimidate them into sending them some money which creditors often do. There is a pretty easy way to do that and it’s to get a title report. Any realtor can pull a title report. Most law firms like our law firm have very easy access to title reports at least a summary title report and that will give you an idea of what’s been filed on title and the foreclosure process is certainly something that would be reflected on the title report. Typically when foreclosure begins the first thing that’s filed is called the Notice of default and election to sell here in California.
It’s a non-judicial state so that’s the procedure here. This wouldn’t apply in other states. That’s how it works here in California. A notice of default is filed and recorded on the title to the property and that’s how you would know if a property is in foreclosure or not and if you are in foreclosure it’s definitely time to consider reaching out to somebody that gets them help whether it’s a bankruptcy or some sort of foreclosure lawsuit, loan modification, something along those lines or even a short sale if you come to the conclusion or the realization that the property is just too much of a burden or it’s time to move on. All those are better options than just doing nothing, sitting on your hands and letting the house go to foreclosure. That is the best way to do it.
It is difficult for an individual without access to title reports to go and find out if a house is in foreclosure but calling a local real estate attorney or calling a local realtor might be a good place to start. I believe there are sites like auction.com and other publicly available sites that don’t charge a fee, that you can use to find out what’s on title or if a notice of default has been recorded. The other good way to do it is to just call your lender. The lender should give you straightforward information. They are certainly not permitted to mislead you or lie to you. It does happen but for the most part, I’ve found lenders will, at the very least give you the information you are looking for about a foreclosure.
Anyway that’s the best way to find out if a house is in foreclosure, in my opinion and if you do have foreclosure questions beyond that, please feel free to reach out, call our office, email us, we are happy to continue answering questions about foreclosure or other legal matters.
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