Real Estate Auctions as a Result of Foreclosure

Real Estate Auctions as a Result of Foreclosure

When a lender forecloses on a home, there’s a good chance the home will eventually reach the auction stage and go up for public sale. From a legal standpoint, there are basically two types of foreclosures in Utah‐ the judicial foreclosure (also known as the “in‐court” foreclosure) and the non‐judicial foreclosure (referred to as an “out‐of‐court” process). In Utah most real estate foreclosures are non‐judicial / out of court procedures.

The overall foreclosure process on a home can take about five months. It is a lengthy process for several reasons. One reason is to give the homeowner a chance to avoid foreclosure though reinstatement, refinancing, repayment, ect. There’s also a high priced item involved with foreclosure (the home itself), so as you would imagine there is a lot of paperwork and legal requirements at every step of the process.

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During the pre-foreclosure stage, homeowners have several options to prevent the actual foreclosure of their home. These options should be carefully reviewed to prevent such action if at all possible.

Sometimes, however, homeowners cannot afford their home anymore. In these unfortunate situations, the lender will foreclose on the home and the property will start down the path to a real estate auction / public sale.

An announcement of a an auction happens after the lender files a notice of default against the homeowner (meaning that the home owner is no longer making mortgage payments). There is typically a three‐month period leading up to the notification of a real estate auction.

As mentioned above, homeowners can try to rectify the situation to avoid foreclosure and public auction altogether. If that does not happen, then the home will typically move into the real estate auction phase. After a three‐month process, and normally at least 20 days before the date of the auction, a notice of sale will be posted in view of the public. The lender obviously wants to get the word out as much as possible, because a better turnout at the real estate auction increases the chance for a sale to someone other than the lender. Remember, lenders are not in the business for managing or selling real estate.

In most cases, the public auction for the foreclosure sale will take place at the county courthouse, within the county where the foreclosed home is located. As with any other type of auction, the property will go to the highest bidder. Profits made from the sale (above and beyond what is owed to the lender) will typically go toward paying off the lien holders, if there are any, and to the original borrower.

After the real estate auction, a Trustee’s Deed will be prepared and presented to the successful bidder. This completes the transfer of ownership from the lender to the new owner.

With the current market conditions and these type of auctions, the high bidder is generally the lender. The lender legally takes back the property and reoffers it for sale using the normal conventional methods to sell it, or uses another Real Estate auction to promote and market it with others properties they may be holding.

Questions or Comments?

Obviously, this is a somewhat simplified analysis of the real estate auction process in Utah under Utah foreclosure laws. The purpose of this explanation is to help you understand how the basic foreclosure auction process works in this state. If you have specific questions please contact us.

Here are some additional links to learn more about real estate auctions:

Open Houses

All auction properties are open to walk through from 12pm-3pm for the two Saturdays right before the auction date.

Call 801.362.7700 to make an appointment outside of these two Open House days and times.

About Us

United Country is the largest integrated real estate & auction company in the U.S. with over 700 offices and 4,000 associates. We generated over $3 billion in annual sales in 2008, and are recognized as the auction “Industry Leader” (NAA: Auctioneer Magazine, January 2008). Our company was ranked the “Top Real Estate Franchise” by Dun & Bradstreet in July, 2009, and we are in the “Top 1%” of all franchises nationwide according to the Wall Street Journal. We currently have over $1 billion of controlled listings, and reach over 90 million homes each week through our nine owned, exclusive publications, third party trade publications magazines and catalogs.

US Auctions and Realty is an affiliate of United Country, providing property sellers, buyers, and agents an enhanced marketing solution. Our online system exposes property to a local and national network of over 300,000 buyers through publications, affiliate brokers and over 1,100 websites. Because of our technology, expertise and marketing strategies, we have over 1 million visitors on our websites each month, who spend an average of 24 minutes per visit.

Our local office beginning was in 1991, when we conducted a multiple-property auction for a large lender and successfully sold 133 properties in 3 months. We then went on to work with other lenders, developers, motivated sellers, and brokerages struggling to find an enhanced marketing solution for effectively selling real estate. Prior to joining the national network of United Country, we were known as “Utah Real Estate Auctions”, and “America Real Estate Auctions”. Since 1991 we have sold almost every type of property in almost every type of market condition: homes, raw land, condos, commercial and entire subdivisions.

Our recent history shows that nearly all of the property we have sold through our online/onsite auction has exceeded the expectations of both buyers and sellers.

The very nature of the auction process makes transactions smoother, with faster closings. Many buyers believe that all real estate auctions involve only distressed or foreclosed properties. This is not the case. Historically auctions have been utilized primarily by banks and other institutions, however, now we this tool is available to all homeowners as the wave of the future for selling homes.

Depending on the type of auction, whether a property is distressed or not, buyers can get a bargain. It's all about diligent investigation and planning. While sellers can retain some control over the final selling price, buyers can find a great deal in a win-win scenario. It's more about informed sellers and buyers being much more in control of the process than in the normal public listing and sale process.

Increasing Buyer Confidence
We have created a “Buyer Confidence Package” that includes four items done immediately after receiving an auction listing. These are made available to potential buyers on the web at the click of a button, enabling them to make an intelligent buying decision, with minimal risk:

  • Current Appraisal
  • Full Property Inspection
  • Preliminary Title Report
  • Home Warranty included with every home sold in the auction

Nobody but United Country - US Auctions & Realty is offering this type of information and coverage for buyers to help them feel confident about the property on which they are bidding.

The auction is the truest form of obtaining market price, as it exposes the property to a wide range of buyers who have an equal chance to bid with equal terms and conditions. With current market conditions and the challenges of selling real estate, property owners and lenders are being forced into short sales and foreclosures, sustaining large losses in capital and equity. United Country U.S. Auctions has brought an enhanced marketing solution to help both buyers and sellers achieve their objectives. To better understand real estate auctions, we provide free educational seminars and conduct daily conference call discussions with buyers, sellers, and realtors. Call in to our daily conference call at 12:00 noon Mountain time at: 712-432-0080, code: 317557#