I have a client that had a foreclosure on a property. Are banks required to give a HUD or some other documentation to the default owner of the property that was repossessed?

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Rainer
420,003

Caroline Gerardo

Licensed in 20 states - Newport Beach, CA

C. G. Barbeau the Loan Lady nmls 324982

No. Prior owner would not get a HUD1. They did not pay for expenses. There often is a delay in the time frame of when owner thinks it sold and when it really closes. They can get a copy of the transfer deed from the county of record. Also have them get a mortgage credit report pulled to see what date shows.

Jan 06, 2016 08:31 AM

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Ryan Huggins - Thousan...

Thousand Oaks, CA

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Bob Crane

Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI

Forestland Experts! 715-204-9671

Caroline has a good answer, I wouldnt know.

Mar 21, 2019 08:20 PM

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Rainmaker
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Ryan Huggins - Thousand Oaks, CA

https://HugginsHomes.com - Thousand Oaks, CA

Residential Real Estate and Investment Properties

With an anonymous post, it's hard to know where you're from. So all I can say is check the laws of whatever state you are in and consult with an attorney. That and you may have the wrong terminology. I've not heard of a bank buying a house at auction (why would they, they already own it), but I've heard of them "going back to the bank" as in no one bought it. At that point the bank owns it and why would the occupant get a HUD anyways, it isn't a standard sale.

Jan 07, 2016 12:30 PM

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Rainmaker
4,800,132

Gabe Sanders

Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL

Stuart Florida Real Estate

He should have been served a notice of final judgment from the courts, I would think.

Jan 07, 2016 03:14 AM

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Rainmaker
7,863,486

Roy Kelley

Retired - Gaithersburg, MD

The laws may vary from state to state. You should blog about the requirements in your state.

Jan 07, 2016 01:33 AM

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Rainmaker
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Shanna Hall

Real Estate Solutions - Kirkwood, MO

I love selling houses!!!St. Louis, MO 314-703-1311

Not that I am aware of, they should check the courts.

Jan 07, 2016 01:00 AM

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Rainmaker
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Sam Shueh

(408) 425-1601 - San Jose, CA

mba, cdpe, reopro, pe

Talk to your RE attorney and title.

Jan 06, 2016 09:55 PM

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Rainmaker
3,416,038

Scott Godzyk

Godzyk Real Estate Services - Manchester, NH

One of the Manchester NH's area Leading Agents

NO, the person who stopped paying therefore defaulting on the loan, was issued a foreclosure notice and auction date. Once the home is then resold to an end user, you bet the bank will calculate their loss due to the foreclosure and come knocking for the former owner to pay the short fall.

Jan 06, 2016 09:30 PM

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Rainmaker
4,434,177

Gita Bantwal

RE/MAX Centre Realtors - Warwick, PA

REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I have no idea

Jan 06, 2016 07:51 PM

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Rainmaker
4,176,546

John Pusa

Glendale, CA

This is very good question.

Jan 06, 2016 12:38 PM

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Rainmaker
2,224,473

Debbie Laity

Cedaredge Land Company - Cedaredge, CO

Your Real Estate Resource for Delta County, CO

The documention was the paperwork leading up to when the bank actually took the house back.

Jan 06, 2016 10:59 AM

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Rainer
883

Judy Swaby

J Rockcliff Realtors - Oakland, CA

Thanks all.

Your answers wer very helpful.

Jan 06, 2016 10:42 AM

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Rainmaker
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Julie A. Black

KAUAI DREAMS REALTY Kauai Real Property Specialist - Kapaa, HI

CLHMS, CRS, GRI, Realtor, Broker

In may depend by state. In Hawaii most are judicial foreclosures. The foreclosure commissioner may tell the former owner what is due and what the property sold for. I would think the bank would notify the former owner in some states where you can look to the former owner for the outstanding balance. In Hawaii the former owner is responsible for the difference. They can then claim bankruptcy if they can not pay.

Jan 06, 2016 09:40 AM

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Rainmaker
658,040

Jeffrey Jones

AZ Home Seekers - San Tan Valley, AZ

AZ Home Seekers, azhomeseekers.com

on a non judicial foreclosure there is no paperwork for the old owner.

Jan 06, 2016 09:27 AM

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No. Prior owner would not get a HUD1. They did not pay for expenses. There often is a delay in the time frame of when owner thinks it sold and when it really closes. They can get a copy of the transfer deed from the county of record. Also have them get a mortgage credit report pulled to see what date shows.
With an anonymous post, it's hard to know where you're from. So all I can say is check the laws of whatever state you are in and consult with an attorney. That and you may have the wrong terminology. I've not heard of a bank buying a house at auction (why would they, they already own it), but I've heard of them "going back to the bank" as in no one bought it. At that point the bank owns it and why would the occupant get a HUD anyways, it isn't a standard sale.
He should have been served a notice of final judgment from the courts, I would think.
The laws may vary from state to state. You should blog about the requirements in your state.
NO, the person who stopped paying therefore defaulting on the loan, was issued a foreclosure notice and auction date. Once the home is then resold to an end user, you bet the bank will calculate their loss due to the foreclosure and come knocking for the former owner to pay the short fall.
The documention was the paperwork leading up to when the bank actually took the house back.
In may depend by state. In Hawaii most are judicial foreclosures. The foreclosure commissioner may tell the former owner what is due and what the property sold for. I would think the bank would notify the former owner in some states where you can look to the former owner for the outstanding balance. In Hawaii the former owner is responsible for the difference. They can then claim bankruptcy if they can not pay.
on a non judicial foreclosure there is no paperwork for the old owner.