Skip to main content

The Judicial Foreclosure Process

If you have been served with a summons and complaint for foreclosure then you are in the Judicial Foreclosure Process.  It is possible to know exactly how the process is progressing along.  You should be served with notices etc. but what if you don't know what these notices indicate.  What if you get a notice showing that the bank filed a "motion for continuance"  That may not tell you anything but it tells us a lot.  Everything that has happened in your case is also entered on your case register on the Oregon Judicial Information Network (OJIN).  An attorney can review your case register and explain to you what is happening in your case, what the major landmarks are, and where you are at in the process.  I will explain the basics below but I encourage you to contact us for a free copy of your case register.  We would be happy to explain it to you and hopefully give you some peace of mind.  We also provide case registers to real estate professionals who need to know where a client or potential client is at in the foreclosure process.  There are two major steps the bank must take to complete a foreclosure listed below. First they must get a judment of foreclosure and second they must have the Sheriff sell the house.  Judicial Foreclosure:  Getting the Judgment To get a judgment the bank must first file a complaint.  They must then serve the complaint on all the defendants and also serve a summons on them telling them that they must appear and answer the complaint if they want to.  Once the bank has served the complaint on all the defendants they then must wait 30 days after serving them to see if the defendant is going to respond or (appear) and defend against the complaint.  If you do not appear then the bank is free to ask the court for a "default judgment" they do this by filing a "motion for an order of default".  A motion is simply a request to have the court do something.  In this case they would be asking the court to order that since you did not show up to answer they can go ahead and get a judgment.  On your case register you can tell that an order of default has already been obtained if the case register has notations for a "motion for order of default" and then somewhere below that shows an "order of default" entered.  Once there is a default judgment in place there isn't much you can do.  But, If you were not served or there are other facts that bring new evidence to light etc. it is possible to get a judgment "set aside" and still have a chance to answer.  Of course it is much better to answer before the bank obtains a default judgment.  On your case register the first item will usually be the date the complaint was filed.  The next items are about the banks efforts to get all the defendants served.  If the bank has trouble getting everyone served in 60 days from the time they file the complaint (they only get 60 days) then they will file a motion for continuance for 60 or 90 days to continue trying to get everyone served.  The court routinely grants these motions.  If they can not get the defendants personally served or serve a member of the household the bank will have to file another motion.  This time it is a motion asking the court to allow them to "serve by alternative means".  They file an affidavit (i.e. explanation) of why they can't get you personally served.  For instance maybe you have a locking gate and you appear to be home but you do not come out and take the papers from the process server.  Or maybe you have moved and have no forwarding address.  Depending on the circumstances the court will routinely grant the motion for alternative means of service and now the bank is free to serve you by another means.  This is usually by posting the notice on the property (e.g. on your gate or on your door) or by publishing the notice in the paper for 4 weeks, or even by certified mail.  It just depends on what the judge believes will adequately give you notice.  Of course all this extra motion filing and continuances means the homeowner is in the home for longer.  Once the default judgment is obtained the bank moves on two step two.  Executing on the judgment.   Judicial Foreclosure: Executing on the Judgment (i.e. Selling the House) Below the order for a default judgment on the case register there may be a notation about a "writ of execution" and maybe "instructions to the Sheriff" if the process has gotten that far.  The writ of execution and instructions to the Sheriff instructs the Sheriff to sell the house.  There may also be a notation for an "Order of Levy".  Once the Sheriff's office has these they still must publish the sale date for 4 consecutive weeks either in the paper or on the Oregon State Sheriff's Association Website.  The law requires the Sheriff's office to send notices of the sale to the homeowner as well so it will not be a surprise where the Sheriff just shows up at the door one day.  As I said this is just a basic outline to give you an idea how to interpret what you see on a Judicial foreclosure case register and to understand how some of the notices you recieve fit into the overall process.  As mentioned we are happy to provide anyone with a copy of their Case Register for free if they give us a call or provide copies to real estate professionals who would like to know where a client or potential client is in the foreclosure process.  

For current information and Real Estate Listings click the link below:
www.teamthayer.com

Popular posts from this blog

Team Thayer Real Estate House Flipping Traps! #flippinghouses #eugeneoregon #oregon #housing #market #realestate

If you’ve got several leads waiting to turn into potential deals, you can’t wait for one to suddenly come knocking at your door. Successful real estate house flippers have one trait in common: they place an emphasis on proper planning. Once you’ve secured a deal, you must decide what kind of rehab you will perform. Will you conduct a few simple cosmetic upgrades (like these  10 rehab projects you finish in one weekend )? Or, is the home nice enough to sell after  an easy prehab ? Are there structural damages that will require you to carry out more major renovations? Will you focus on implementing environmentally friendly renovations  – also known as “greenhabbing” – so that you  qualify for certain tax benefits ? Once you’ve determined your strategy, it is important to ask yourself these specific questions before diving into the construction action: What are the current market conditions in my area? What does my ideal buyer look like? Does my marketing cam...

4 Financing Tips For Your Rental Property! Team Thayer #realestate #realestateinvestor #investor #housing #market #rentals #mortgage #news #oregon

With the  spring real estate market  firing on all cylinders, it’s no wonder we are seeing investors come out in record numbers.  Real estate exit strategies  ranging from  wholesale deals  to full rehabs  have become incredibly attractive in today’s housing industry. However, one strategy in particular looks to be in a great place: buy and hold  rental property . Cash flow opportunities are through the roof, as rents are soaring in nearly every city from  San Diego  to  New York . Now may be one of the best times ever to acquire a rental property. However, those that have yet to do so should mind due diligence and consider what they are getting into before they make the jump. While there are a myriad of things potential landlords should consider before financing their first rental property, I highly recommend starting with the following four: Rental Property Consideration 1: The Numbers Prospective rental property buyers...

Are Cheap Houses A Good Deal? Team Thayer Real Estate News Eugene Oregon

Whether you are buying a car, real estate or even just a bottle of wine, people are always looking for the best possible deal. It may go without saying, but people love bargains. It may even be safe to say that people covet the real estate bargain most of all. A property listed below $50,000 may seem too good to be true. However, that is not always the case. Upon closer inspection, the property may need more work than meets the eye. While some properties are well worth their low sticker price, others may require so much work that their  value  isn’t worth the purchase. If you are on the fence as to whether or not an inexpensive property is right for you, here are some pointers to help with the decision: 1. Location:  Location  is one of the first things you need to look at when attempting to determine value. If there is no demand, a cheap property will do you no good. You should never make an opinion about a property without researching the area. Some seemingl...