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Old 07-12-2008, 10:41 PM
 
Location: San Diego CA
1,029 posts, read 2,345,966 times
Reputation: 608

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I would try to do the right thing here.

Have you asked for advice from the Realtor who helped you buy the home? I would copy and paste this in the RE Professionals thread as well.

The attorney sounds like he is not working hard enough, but I could be wrong. I would bug him more.


I think just getting 1 quote from 1 contractor is not enough. 80K sound too retail to me.

Isn't the inspector responsible for not finding these problems?

Also, what if you were to contact your Home owner's insurance agent and clue them in? Would they help this case or hurt it?

You do not know how much this woman next door has in assets. She could have $$ in the bank, and most likely does have money.

Karma comes around and it could be coming to her next.

I would get at least 3 more bids for the work needed to be done.

Maybe you could find a contractor who is out of work, and let him live in the house while fixing it up, and have him pay a little reduced rent. Then sell and split the profits with him, while your family is renting in the interim.

This would save your credit as well.

Oregon Foreclosure Law

- Judicial Foreclosure Available: Yes

- Non-Judicial Foreclosure Available: Yes

- Primary Security Instruments: Deed of Trust, Mortgage

- Timeline: Typically 180 days

- Right of Redemption: Yes

- Deficiency Judgments Allowed: Yes

In Oregon, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

Judicial Foreclosure

The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.

In this type of foreclosure, the borrower may redeem the property by paying the purchase price, with interest, the foreclosure costs and the purchaser's expenses in operating and maintaining the property within 180 days after the date of sale. The borrower must file a notice no less than two (2) days and not more than thirty (30) with the sheriff to redeem.

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines".

Power of Sale Foreclosure Guidelines

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:

1. A notice of default must be recorded in the county where the property is located and the borrower and/or occupant of the property must be served with a copy of the notice at least 120 days before the scheduled foreclosure sale date.
2. A copy of the notice must be published once a week for four (4) successive weeks, with the last notice being published at least twenty (20) days prior to the foreclosure sale.
3. Said notice must contain a property description, recording information on the trust deed, a description of the default, the sum owing on the loan, the lender's election to sell and the date, time and place of sale.
4. The borrower may cure the default at any time prior to foreclosure by paying all past due amounts, plus costs.
5. The sale must be at auction to the highest bidder for cash. Any person, except the trustee, may bid at the sale, which take place between 9:00 am and 4:00 pm at the location stated in the notice of record.
6. The sale may be postponed for up to 180 days from the original sale date if at least twenty (20) days advance notice is given, by mail, to the original recipients of the notice.

A deficiency judgment cannot be obtained through a non-judicial foreclosure, but may be pursued when other foreclosure methods are used.

More information on Oregon foreclosure laws.

source http://www.foreclosurelaw.org/Oregon...losure_Law.htm (broken link)

Oregon Foreclosure is both judicial and non-judicial.

The majority of loans are foreclosed by the non-judicial method.
Major Elements of Oregon Foreclosure include:

1. Sending the Notice of Default out for recording and setting a sale date. (Must record Notice of Default, mail and serve Notice of Sale on occupants more than 120 days before the sale date).
2. Publication - 4 consecutive weeks, the last publication must be more than 20 days before the sale date.
3. Oregon foreclosure sale date is set no earlier than 120 days from the Notice of Default.
4. The sale must be conducted between 9 a.m. and 4 p.m. at a place designated in the notice
5. Occupant of premises has 10 days after sale to vacate premises.
6. Sale can be continued up to 180 days (in case of Bankruptcy filing, sale continued indefinitely).
7. A deficiency judgment cannot be obtained through a non-judicial deed of trust foreclosure by advertisement.

source http://www.foreclosureuniversity.com...aws/oregon.php (broken link)

The following information regarding foreclosures is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.
A foreclosure is a procedure to remove a person's rights to own and have possession of real property, that is, real estate. After foreclosure, the person will no longer own the property, and will be required to move and take out all his or her belongings.

A foreclosure is started by a person, or company, holding a lien on real property. An owner will normally give a lien upon his or her real property as collateral for repayment of a debt. Typically, a homeowner gives a lien on his or her house to the bank as collateral for payment of a loan to the bank. In some cases, a lien can be placed on real property without the owner's consent where money is owing but has not been paid. For example, a carpenter can file a construction lien for work done on a house, the IRS can file a lien for unpaid taxes, and a creditor can file a lien for an unpaid judgment.

There are four common types of liens on real property. Those are (i) a trust deed; (ii) a mortgage; (iii) a land sale contract; and (iv) an involuntary lien.
A trust deed is a special type of mortgage given by the owner of the real property to a third party, called a trustee, who holds a power of sale for the property for the benefit of a creditor (such as a lender) until the debt is repaid. Banks and other lenders typically use a trust deed.

A trust deed can be foreclosed by a lawsuit in the circuit court of the county where the property is located. The party holding the lien asks the court for a judgment against the owner for the unpaid amount of the debt together with attorney fees and foreclosure costs. If the owner does not pay that full amount to the holder of the lien, then the sheriff of that county will auction off the property to the highest bidder for cash. If there is not enough cash received by the sheriff to pay the judgment in full, then the holder of the lien can collect what is still owed, called a deficiency, from the owner. The owner also must move out immediately.

If the foreclosure is on the owner's residence or the residence of the owner's spouse or child, then the owner merely loses the property but does not have to pay a deficiency. However, anyone else who guaranteed payment of the debt will have to pay the deficiency.

After the sale, the owner has 180 days to buy the property back from the purchaser at the sale for an amount equal to the auction price paid plus interest and any anything the purchaser had to pay for such items as taxes and maintenance. This is known as a right of redemption.

The holder of a trust deed can foreclose without going to court, too, through a foreclosure by "advertisement and sale." The trustee mails a notice to the owner, and any other persons holding an interest in the property, of the amount of the debt and the sale date, and publishes notice of the sale in a newspaper. The trustee then auctions off the property to satisfy the debt, the attorney fees and foreclosure costs. Following the sale, the owner must move out of the property. This foreclosure process takes approximately 140 days.

In this kind of foreclosure of a trust deed, the owner has no right of redemption. However, when the foreclosure is by "advertisement and sale," the owner does not have to pay a deficiency, either. In addition, the owner can stop the foreclosure by paying all delinquent payments together with trustee's and attorney fees and costs at any time up to 5 days before the scheduled sale date. The trustee will then file a notice in the county records showing that the foreclosure proceeding has ended.

A mortgage is similar to a trust deed but does not involve a third party trustee. With a mortgage, the owner gives a lien on the property as collateral for the debt.

A mortgage can be foreclosed by filing a lawsuit in the circuit court of the county in which the property is located. The foreclosure is handled in the same manner in which a court foreclosure of a trust deed is handled. The only difference is that there is no right to collect a deficiency from the owner following foreclosure, if the mortgage was given as collateral to the seller of the property, or if the mortgage was given to a bank or other lender for a debt of less than $50,000, and the money was used to pay for the property.

A third type of lien is a land sale contract. The land sale contract is a contract between the seller and buyer of real property. The seller agrees to give the buyer a deed to the property once the purchase price has been paid. It is very important to carefully read a land sale contract because the rights of the parties may vary greatly depending on the wording of the contract.

The seller under a land sale contract has three principal foreclosure rights.
First, the seller can file a lawsuit in the circuit court of the county where the property is located asking for the unpaid balance of the contract together with attorney fees and foreclosure costs. If the seller's case is successful, the sheriff will then conduct a public auction for cash. As with court foreclosure of a trust deed, if there is not enough cash to pay the judgment the buyer is responsible to pay the difference to the seller. The buyer also must immediately move out of the property after foreclosure. Unlike a court foreclosure of a trust deed, however, the buyer has no right to buy the property back after foreclosure.

The seller can choose instead to file a lawsuit in the county where the property is, to eliminate the buyer's interest in the property. This is known as strict foreclosure. In a strict foreclosure action, the seller gets the property back and the buyer must pay to the seller all of the seller's attorney fees and foreclosure costs. The buyer is not responsible for a deficiency other than attorney fees and foreclosure costs, but has no right to buy the property back.

The final foreclosure option is known as forfeiture. It is similar to a foreclosure by advertisement and sale of a trust deed. Here, the seller sends notice to the buyer and other parties having an interest in the property, explaining the amount of the debt and a forfeiture date. If the buyer does nothing, the buyer's interest in the property will be eliminated, and the buyer must immediately move out of the property. Until the date of the forfeiture, however, the buyer has the right stop the forfeiture by making up the back payments together with attorney fees and forfeiture costs. The seller will then file a notice in the county records showing that the forfeiture proceeding has ended.

The final category of liens is those that are placed against the property without the owner's consent. As described above, those can include liens filed by workmen on the property, liens filed for unpaid taxes and liens filed by creditors holding judgments against the owner. Each of those liens have their own special procedures for foreclosure. In most cases, however, the result is the same: the sheriff of the county where the property is located will hold a public auction and sell the property to the highest bidder for cash. If the cash is not sufficient to pay the amount of the debt, the person who owes the money secured by the lien will be responsible for the difference. With certain liens, the owner may have the right to buy back the property after the sale.

As far as doing the "buy and bail" there are new laws in place and you can be held responsible.

New Fannie Regs on Buy & Bail
Anyone considering a Buy & Bail ought to think twice about this new Fannie requirement effective 8/1/2008, but all ready in effect at many major lenders

Ann. 08-16: Bankruptcy, Foreclosure, and Conversion of Principal Residence Policy Changes; and Revised Property Value Representation and Warranty Requirements (06/25/08)

Introduction

With this Announcement, Fannie Mae is introducing several new and updated policies that pertain to the following topics:


Bankruptcy and foreclosure policies: updates to manual underwriting requirements for borrowers with prior bankruptcy or foreclosure actions in their credit history, including deeds-in-lieu of foreclosure and preforeclosure sales,


Conversion of principal residence to second home or investment property: new requirements for borrowers who are purchasing a new principal residence, and intend to convert their existing principal residence to a second home or investment property, and


Representation and warranty requirements: revised property value representation and warranty requirements for mortgage loans that are closed more than 6 months up to 12 months prior to the date the loan is sold to Fannie Mae.

The effective dates for each of the above updates are outlined at the end of this Announcement.

Bankruptcy and Foreclosure Policy Changes

Selling Guide, Part X, Section 302.10, Prior Bankruptcy or Foreclosure; and Section 803.02, Payment History

Announcement 08-08, Mortgage Eligibility and Pricing Updates for Desktop Underwriter® and Manually Underwritten Loans, dated March 31, 2008, outlined changes to the requirements for borrowers with a prior foreclosure in their credit history. With this Announcement 08-16, Fannie Mae is updating the requirements regarding the time period that must elapse before borrowers can demonstrate they have reestablished their credit history after the occurrence of a bankruptcy or foreclosure. The updates pertain to the following policies.

Updating the requirements for bankruptcy actions to apply from the discharge or dismissal date, whichever is applicable, and requiring a longer elapsed time period for Chapter 13 bankruptcies that were dismissed. For all bankruptcy actions, the elapsed time period to reestablish credit will now be measured from the bankruptcy discharge or dismissal date. For all bankruptcy cases, other than Chapter 13 cases, the time period to reestablish credit remains at 4 years. For Chapter 13 cases, a distinction is being made between Chapter 13 bankruptcies that were discharged and those that were dismissed. The updated policy recognizes the fact that borrowers have reestablished credit through the successful completion of a Chapter 13 plan and subsequent discharge by requiring only a 2-year time period to elapse. A borrower who was unable to complete the Chapter 13 plan and received a dismissal, however, will be held to a 4-year time period for reestablishing credit.

Establishing a new policy for borrowers who have more than one bankruptcy filing in the past 7-year time period. A 5-year elapsed time period is now required to reestablish credit from the most recent discharge or dismissal date for borrowers who have more than one bankruptcy filing in the past 7 years. The presence of multiple bankruptcies in the borrower’s credit history is evidence of significant derogatory credit and increases the likelihood of future default. The greater the number of such incidences and the more recently they occurred, the higher the credit risk.

Establishing a new policy for preforeclosure sales. A preforeclosure sale involves the sale of the property by the borrower to a third party for less than the amount owed to satisfy the delinquent mortgage, as agreed to by the lender, investor, and mortgage insurer. Due to the increased incidence of preforeclosure sales, Fannie Mae is establishing a 2-year elapsed time period for reestablishing credit following completion of the action.

The following table outlines Fannie Mae’s current and new policies for manually underwritten loans related to the time period that must elapse before borrowers can demonstrate they have reestablished an acceptable credit history after the occurrence of the bankruptcy or foreclosure. The table also includes new “Additional requirements” that apply to foreclosures.

Action
Current Requirements
New Requirements



Bankruptcy (All Except Chapter 13)
4-year time period from discharge date
The 4-year time period remains the same but will now be applied from either the discharge or dismissal date of the bankruptcy action.


Chapter 13 Bankruptcy
2-year time period from discharge date
The time period for Chapter 13 bankruptcy actions is measured as follows:

2 years from the discharge date, or


4 years from the dismissal date.

Exceptions for Extenuating Circumstances – All Bankruptcy Actions
2-year time period from discharge date. No exception to the 2 year time period for Chapter 13 bankruptcy actions.
The 2-year time period will be measured from the bankruptcy discharge or dismissal date. No exceptions are permitted to the 2-year time period after a Chapter 13 discharge.

Multiple Bankruptcy Filings
No existing policy
5-year time period from most recent dismissal or discharge date required for borrowers with more than one bankruptcy filing within the past 7 years.


Exceptions for Extenuating Circumstances – Multiple Bankruptcy Filings
No existing policy
3-year time period from the most recent discharge or dismissal date

Note: The most recent bankruptcy filing must have been the result of extenuating circumstances.


Foreclosure1
4-year time period from the date the foreclosure sale was completed (“completion date”)
5-year time period from completion date

Additional requirements that apply after 5 years up to 7 years following completion date:


The purchase of a principal residence is permitted with a minimum 10 percent down payment and minimum representative credit score of 680.


Purchase of a second home or investment property is not permitted.


Limited cash-out refinances are permitted for all occupancy types pursuant to the eligibility requirements in effect at that time.


Cash-out refinances are not permitted for any occupancy type.

Exceptions for Extenuating Circumstances – Foreclosure1
2-year time period from completion date
3-year time period from completion date

Additional requirements that apply after 3 years up to 7 years following completion date:

The same additional requirements apply as above except the minimum credit score of 680 is not required.

Deed-in-Lieu of Foreclosure
4-year time period from completion date (date deed-in-lieu executed)
No change

Additional requirements that apply after 4 years up to 7 years following completion date:


Borrower may purchase a property secured by a principal residence, second home, or investment property with the greater of 10 percent minimum down payment or the minimum down payment required for the transaction.


Limited-cash-out and cash-out refinance transactions secured by a principal residence, second home, or investment property are permitted pursuant to the eligibility requirements in effect at that time.


Exceptions for Extenuating Circumstances – Deed-in-Lieu of Foreclosure
2-year time period from completion date
No change

The same additional requirements noted above for deed-in-lieu apply after 2 years up to 7 years following completion date.

Time Period After Preforeclosure Sale
No existing policy
2-year time period from completion date.
Additional Requirements: None

Note: No exceptions are permitted to the 2-year time period due to extenuating circumstances.

1
The “New Requirements” were previously announced in Announcement 08-08, but additional clarification is provided here.

Note: The Selling Guide, Part X, Section 803.02 contains several requirements the lender must follow in order to determine that the borrower has successfully reestablished his or her credit history after a bankruptcy or foreclosure action. These requirements continue to be applicable, in addition to the elapsed time periods and any additional requirements noted above. Additionally, Desktop Underwriter (DU®) will be updated in a future release to incorporate some or all of the policy changes noted above.

Conversion of Principal Residence to Second Home or Investment Property

Selling Guide, Part X, Section 402.24 Rental Income, and Section 702.03 All Other Liabilities, D. Payments on real estate mortgages

Borrowers who currently own their home typically have three options when they decide to purchase a new principal residence. They can


sell the current residence and pay off the outstanding mortgage,


convert the property to a second home, assuming they can qualify with both the existing and new mortgage payments, or


convert the property to an investment property and provide documentation that they will rent the property and use the income to offset the mortgage payment.

In order to ensure that borrowers have sufficient equity and/or reserves to support both the existing financing and the new mortgage being originated, Fannie Mae is updating the policies for qualifying borrowers purchasing a new principal residence and converting their existing principal residence to a second home or investment property.

Current Requirements


Rental income that will be generated from the prior principal residence is based solely on a fully executed lease agreement for that property provided by the borrower (now landlord).


If the lender uses current lease agreements, the net rental income will be 75 percent of the gross rent from the lease agreement, with the remaining 25 percent being absorbed by vacancy losses and ongoing maintenance expenses.


Minimum reserves are required for investment properties: 2 months for one-unit properties, and 6 months reserves for two- to four-unit properties. Minimum reserves are not required for second home transactions.

New Requirements

Current principal residence is pending sale but the transaction will not be closed (with title transfer to a new owner) prior to the new transaction
Both the current and the proposed mortgage payments must be used to qualify the borrower for the new transaction.

Conversion to a Second Home

Both the current and the proposed mortgage payments must be used to qualify the borrower for the new transaction; and


6 months of PITI for both properties is required to be in reserves. Lender may consider reduced reserves of no less than 2 months for both properties if there is documented equity of at least 30 percent in the existing property (derived from an appraisal, automated valuation model (AVM), or Broker Price Opinion (BPO), minus outstanding liens)

Conversion to an Investment Property
Fannie Mae will continue to permit up to 75 percent of the rental income to be used to offset the mortgage payment in qualifying if there is documented equity of at least 30 percent in the existing property (derived from an appraisal, AVM, or BPO, minus outstanding liens).

The rental income must be documented with:


a copy of the fully executed lease agreement; and


the receipt of a security deposit from the tenant and deposit into the borrower’s account.

If the 30 percent equity in the property cannot be documented, rental income may not be used to offset the mortgage payment.


Both the current and the proposed mortgage payments must be used to qualify the borrower for the new transaction; and


6 months of PITI for both properties is required to be in reserves.

These guidelines are applicable to manually underwritten loans and, except for the additional reserve requirements, must also be applied (on a manual basis) to loan casefiles underwritten with DU. DU will determine the level of reserves for each loan casefile.
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Old 07-14-2008, 04:25 PM
 
Location: Pennsylvania, USA
5,217 posts, read 4,734,712 times
Reputation: 908
Quote:
Originally Posted by ilovebdj View Post
And just a little PS here, as far as I know, a seller's disclosure would require you to disclose of anything you know that may be need of repair. Where did you read that you wouldn't need to disclose this? I could be wrong here, but a seller's disclosure is for exactly this kind of stuff (80k+ of repairs to keep safe)......
If their state is anything like NY the sellers can just give the buyers $500 at closing to avoid having to disclose everything that is wrong with the house if they so choose.
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Old 07-14-2008, 04:32 PM
 
Location: Pennsylvania, USA
5,217 posts, read 4,734,712 times
Reputation: 908
First and foremost you have to do what's right for your family and their safety. Your situation really stinks.. i thought I had a bad neighbor.. and clearly you win that contest.

I would say .. don't worry about or care about the bank. They certainly don't care or worry about you.. they'll ********* anyway.. they don't care about any circumstances..etc. If you can't sell the house.. just let it foreclose and let the bank deal with it. It will hurt your credit and it stinks.. but I'd much rather be foreclosed on than dead at a crazy unstable neighbors home.

Secondly.. i woudl seriously write to the chief of police about how your complaints against your neighbor are seemingly falling on deaf ears! Seriously.. in this day and age that is totallly ridiculous that they would dismiss it so calousl.

Also.. install a home security camera to record what goes on (concealed of course) as more proof. I believe HOme depot has something you can fix up to a video .. check on that.. really. I'm serious.. if she is stealing your mail THAT IS A FEDERAL OFFENSE!! along with all the other nonse..

Be sure to keep a log and log everything that occurrs.. File a restraining order against the neighbor.. AFTER you have proof.. maybe theyll be forced to leave after complying with the order.

And seriously.. go after that inspector.. because he obviously did a TERRIBLE job at inspecting it!

And last but not least.. any attorney that would take a case in which damages are won shouldn't be charging you. If you are the plaintiff and you have a case they work for a percentage of the award.. and if they feel you have no basis to win they won't take the case becuase htey don't make money if they don't win something for you.. so I would loook into getting another attorney..!!

Keep us posted!
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Old 07-20-2008, 12:36 PM
 
5 posts, read 16,439 times
Reputation: 10
Thank you so very much for the time put into your replies, we've scoured it and changed a few plans. This helps a lot.

We'll keep you guys posted on what is happening. Right now, we are searching hard for another place to live, it's so unhappy here and even if things turned out well, we know we could never be happy here now.
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Old 07-20-2008, 08:40 PM
 
2,197 posts, read 7,135,373 times
Reputation: 1700
There are systems in place to deal with security issues. The police won't tolerate death threats and you could probably obtain a restraining order tomorrow for minimal expense. It shouldn't be too difficult to have your neighbor arrested and jailed for failure to comply. A camera, tape recorder or video camera are all you need to prove your case, especially if you have a witness.

If attorneys won't take your case on contingency, it means that they do not think it's a winner. If you do pursue legal redress at some point, most courts will not look favorably upon walking away. You will need to demonstrate that you've exhausted every option and taken steps to mitigate damages if you want to prevail. It doesn't sound like you've done that at this point. You do have options-- not the ones you want necessarily, but they're a start.
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Old 07-30-2008, 01:57 AM
 
5 posts, read 16,439 times
Reputation: 10
We have a temporary Stalking Protective Order. It wasnt easy to get, the poor old guy in front of me was beaten on his own porch, by his neighbor, and got it all on film - and the judge denied him one.

Anyways, with reservations he gave us one. But the neighbor violated it on just the 2nd day (to let us know she wasn't intimidated by it, I think)... so when she was in jail that night we left (because she is sure to be wild with anger now) and have been staying in a hotel. Today we found a month-to-month apartment, but I'm not sure now how we can afford both payments on the house and the apartment.
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Old 07-30-2008, 07:01 AM
 
Location: Dallas, NC
1,703 posts, read 3,738,218 times
Reputation: 809
I have a question. If things are so tight with your budget, why are you planning a third child in 2 years????? Don't you think you should focus on your current situation and worry about taking care of the family you have? I just don't get this. Figure out a way to get out of this house and get your kids to safety. But if you are spending nearly 50% of your wife's salary on housing and you can't work b/c one child has special needs, you'd have to be completely and totally insane to have 3 children. If you have 2, you're nuts in my book in this situation. I didn't read every word so forgive me if I misread the part about 2 animals, 2 kids, and a 3 planned for 2 years from now. Please rethink this as you are not financially secure enough to support this family. Especially if you are planning to allow your house to be foreclosed on. Just my 2 cents.
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