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What Is a Non-REO Foreclosure?

Non-REO Foreclosure

Theresa Chiechi / Investopedia

What Is Non-REO Foreclosure?

A non-real estate owned foreclosure, or non-REO foreclosure, refers to a successful foreclosure on a real estate property.

The foreclosure process starts after a borrower fails to make mortgage payments for several months, a time period defined within the terms of the mortgage. In a non-REO foreclosure, when the property in foreclosure is put up for auction, a purchaser agrees to pay the amount owed to the bank for the 🐲property, or less if the bank is willing to🌊 offer a discount.

Key Takeaways

  • A non-real estate owned foreclosure, or non-REO foreclosure, refers to a successful foreclosure on a real estate property.
  • The foreclosure process starts after a borrower fails to make mortgage payments for a time period defined within the terms of the mortgage.
  • In a non-REO foreclosure, when the property in foreclosure is put up for auction, a purchaser agrees to pay the amount owed to the bank.

How a Non-REO Foreclosure Works

With a mortgage loan, the home or property is used as 澳洲幸运5官方开奖结果体彩网:collateral, meaning the lender has the right to take the property if the borrower fails to uphold the terms of the mortgage agreement. Typically, the 澳洲幸运5官方开奖结果体彩网:foreclosure process generall🌳y begins when a borrower misses their payments. The bank or lender normally responds by sending a missed payment notice to the borrower. If the borrower continues to miss payments, the bank sends a 澳洲幸运5官方开奖结果体彩网:demand letter.

After 90 days of missed payments, the lender issues a 澳洲幸运5官方开奖结果体彩网:notice of default, which is the failure to make payments. The borrower might be granted more time to work with the bank to settle any outstanding payments and reinstateܫ the loan. If no agreement can be worked out and the payments are still not received, the bank initia🎐tes the foreclosure, which is the legal process of taking the home or property and selling it to another buyer via an auction.

Short Sale

To avoid foreclosure, the homeowner may put the property on the market via a 澳洲幸运5官方开奖结果体彩网:real estate short sale. A short sale occurs when a financially distressed homeowner sells their home or property 澳洲幸运5官方开🐎奖结果体彩网:🐎for less than the amount due on the mortgage loan. If the homeowner is unable to quickly sell the property, the lender may repossess it and put it up fo🐬r public auction.

Foreclosure Auction

Foreclosure auctions often take place in county courthouses. The price of the property is typically the amount owed by the homeowner plus legal costs, though the lender may accept less in some situations. When a winning bidder purchases a property up for auction, the foreclosure is a non-REO foreclosure because the lender foun💞d a buyer and was not forced to take ownership.

Special Considerations: Foreclosure Relief

Homeowners who were behind on their mortgage payments because of the economic crisis that began in 2020 may have qualified for forbearance protection in 2020 and 2021. This was introduced with the passing of the $2 trillion Coronavirus Aid, Relief, and Econom♔ic Security (CARES) Act in March 2020.

澳洲幸运5官方开奖结果体彩网:Forbearance allows borrowers to skip payments in the short term if they’re experiencing financial hardship due to the econ𝓡omic crisis. It’s important to note that missed payments𝐆 are not forgiven. Instead, they are added to the end of the loan term. Forbearance from a lender can provide up to 180 days of payment relief.

Mortgages backed by 澳洲幸运5官方开奖结果体彩网:gover⛦nment-sponsored entities (GSꦑEs), such as 澳洲幸运5官方开奖结果体彩网:Fannie Mae or Freddie Mac, cannot be foreclosed on by the bank or lender. When then-President Donald Trump signed the CARES Act, lenders and servicers were prohibited from foreclosing on borrowers until Dec. 31, 2020. Then-President Joe Biden originally extended this deadline to March 31, 2021, when he signed an executive order on his first day in office. He extended the deadline again until June 30, 2021. On July 23, 2021, he pushed it out once more until July 31, 2021, also extending the forbearance enrollment window through Sept. 30, 2021, and providing up to three months of additional forbearance for certain borrowers.

Important

Forbearance protection under the CARES Act has ended. However, you can still request forbearance if you’re struggling to make your mortgage payments. Check with your lender about 澳洲幸运5官方开奖结果体彩网:forbearance or other solutions.

Borrowers could have also requested an extension for up to another 180 days for a total of up to 360 days. However, borrowers had to contact their loan servicer or bank to request this form of forbearance. There were no penalties, fees, or additional interest (beyond scheduled amounts) added to the loan.

In July 2024, the Consumer Financial Protection Bureau (CFPB) proposed to make permanent some CARES Act protections aimed at keeping struggling borrowers in their homes.

Non-REO Foreclosure vs. Real Estate Owned

A non-REO foreclosure is different from a 澳洲幸运5官方开奖结果体彩网:real estate own𝔉ed foreclosure (REO). A non-REO forꦉeclosure becomes ♚a real estate owned foreclosure when an auction occurs, but no buyer comes forward with an offer that meets the minimum bid.

With an🔥 REO property, the lender takes ownership and the bank, would in turn, often post the REO property online to resell it. Banks may also enlist the help of real estate agents to reach more buyers and speed up the selling process. To further entice buyers, lenders may list their REಞO properties at a discount and eliminate some of the expenses attached to their titles. For this reason, real estate owned properties may be a safer investment than non-REO foreclosures.

However, both REO and non-REO properties are often in need of significant repairs. Also, for investors who decide to wait until th🃏e local properties are bank-owned REOs, they might miss out on an opportunity to buy a non-REO property via an auction. In other words, a non-REO auction allows investors to get in earlier on buying foreclosed properties vs. REO properties.

♛ Advantages and Disadvantages of Non-REO Foreclosure

Foreclosed properties are attractive toꦍ buyers who are looking to buy property at a discount. As a result, public auctions ten๊d to draw a crowd of interested buyers. Non-REO properties sometimes make it possible for buyers to purchase a property they would otherwise not be able to afford.

However, purchasing in a non-REO foreclosure is not without risk. Buyers of non-REO properties also owe any outstanding taxes and liens on the property. A lien is 🍰a legal claim to the property if it was used as collateral to satisfy a debt. Buyers of non-REO properties are also responsible for any maintenance that the property might need, which could be sign♓ificant. It’s also possible that the new owner may have to deal with evicting tenants who reside on the property.

What Is Foreclosure?

Foreclosure is the legal process that allows lenders to recover the amount owed on a defaulted loan by taking ownership of the mortgaged property and selling it. Typically, default is triggered when a borrower misses a specific numᩚᩚᩚᩚᩚᩚ⁤⁤⁤⁤ᩚ⁤⁤⁤⁤ᩚ⁤⁤⁤⁤ᩚ𒀱ᩚᩚᩚber of monthly payments, but it can also happen when the borrower fails to meet other terms in the mortgage document.

What Is the CARES Act?

The Co🧔ronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020. It was the third—and largest—COVID-19 pandemic relief package, and included mortgage forbearance and a moratorium on foreclosures on federally backed mortgages for 180 days.

What Is Forbearance?

Forbearance is the temporary postponement of loan payments, typically for a mortgage or student loan and normally for a set period. Lenders and other 澳洲幸运5官方开奖结果体彩网:creditors grant forbearance as an alternative to forcing a proper💛ty into foreclosure or leaving the borrower to default.

The Bottom Line

A non-real estate owned foreclosure (non-REO foreclosure) refers to a successful foreclosure on a real estate property. The foreclosure process begins after the borrower fails to make mortgage payments for a time period defined within the mortgage terms. When the property in foreclosure is put up for auction, a purchaser agrees to pay the amount owed to the bank for the property, or less if the bank will offer a discount.

Article Sources
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  1. Congress.gov. “.”

  2. U.S. Department of Agriculture. “.”

  3. U.S. Department of Housing and Urban Develop꧂ment Archives.꧅ “.”

  4. The White House, Biden Administration A🐼rchives. “.”

  5. T🦩he White House, B𓄧iden Administration Archives. “.”

  6. Consumer Financial Protection Bureau. “.”

  7. Consumer Financial Protection Bur♈eau, via Internet Archive Wa🍬yback Machine. “.”

  8. Bloomberg Law. “.”

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