ARTICLES & NEWS

FORECLOSURE & SHORT SALES ARTICLES

Construction loan

“Walking Away” From Construction Disaster

By Christopher Combs | February 23, 2020

Question: In 2016 we bought a lot for $40,000 in Camp Verde to build a summer home. Last summer we got a construction loan for $280,000. This $280,000 construction loan was secured by the lot and by the home to be constructed on the lot. During construction of the home, however, heavy rains caused the foundation to sink and the partially built home to collapse. Almost all of the $280,000 loan had been used for the construction of the home. Our contractor has no insurance and our insurance company has denied coverage because we didn’t go to Camp Verde to…

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Foreclosure For Sale

Partial Payment Doesn’t Cancel Foreclosure

By Christopher Combs | September 8, 2019

Question: After our parents passed away two years ago, my sister and I became the owners of their home in Sunnyslope worth $280,000. My sister wanted to live in the home, so I deeded the home to her in exchange for her giving me a five-year $140,000 mortgage on the home. In addition to the monthly mortgage payments, my sister was to pay the property taxes and the homeowner’s insurance. My sister has never made one mortgage payment to me, and I have been paying the property taxes and the homeowner’s insurance. I finally hired an attorney to do a…

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auction

Bidding at a Trustee’s Sale

By Christopher Combs | August 4, 2019

Question: Two years ago we loaned my wife’s sister $70,000 to buy a small home in Glendale. The $70,000 loan was secured by a $70,000 promissory note and a deed of trust on the home. My wife’s sister never made one monthly mortgage payment to us, and she moved back to Iowa a few months ago. She has refused to sign a deed to us because she eventually wants to come back to Arizona. We started foreclosure proceedings with the title company that drafted the original paperwork, and a foreclosure sale is scheduled next month. What do we need to…

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Solar Panels Foreclosure

Solar Panel Lease Has Priority Over Bank Foreclosure

By Christopher Combs | July 15, 2019

Question: In a recent column you said that, after a bank foreclosure of a first mortgage of a home, the solar panels belong to the buyer who purchased the home at the foreclosure sale. The attorney for the title company that our brokerage firm uses said that your answer was wrong. The title company attorney said that, if a solar panel company financed the sale or lease of the solar panels, and the solar panel company recorded a UCC-1 financing statement, the solar panel company would still own the solar panels after the foreclosure of the first mortgage. Who is…

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Tenants Have Protection in Foreclosures

By Christopher Combs | January 3, 2019

Question: We have been renting a home in Chandler for several years. We just signed another one-year lease. Two nights ago a process server came by and posted a notice of foreclosure in our front yard. Our landlord lives in Chicago and has not returned our phone calls. If our home is sold in foreclosure, when will we have to move? Answer: In general, a federal law protecting tenants in their homes during any foreclosure by the landlord’s mortgage lender has been in effect since 2009, and has been recently renewed with no expiration date. If you are a bona fide…

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Deed in Lieu of Foreclosure Should not Prevent a ‘Buy Back’

By Christopher Combs | October 24, 2018

Question: Although home values are increasing in our North Phoenix neighborhood, we are still “underwater” ten years after we purchased our home at the top of the market. Due to medical expenses of one of our children, we are behind on our mortgage payments. Our mortgage company has now agreed to accept a deed in lieu of foreclosure (“DIL”) from us. We still love our home, and in the next few months we should finally be able to sell a lot we own near Flagstaff and have some money. If our mortgage company puts the home back on the market…

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Solar Panels Foreclosure

Who Owns Solar Panels after Foreclosure?

By Christopher Combs | July 22, 2018

**Update to this question published on July 15, 2019.** Question: Last month after a bank foreclosure our investor group purchased a home in Apache Junction. The home has solar panels on the roof. We recently received a letter from the attorney for the solar panel company that leased the solar panels to the former owner of the home. The attorney requested a time to come to the home to remove the solar panels. The attorney enclosed with the letter a UCC-1 financing statement that was recorded before the bank’s foreclosure deed to us. Who owns the solar panels now? If…

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Mortgage Lender

Mortgage Lender is Entitled to Proceeds from Sale

By Christopher Combs | February 6, 2017

Mortgage Lender is Entitled to Proceeds from Sale   Question: After we refinanced our Glendale home a year ago my husband was injured in a car accident, and was unable to work for three months. We could not make our mortgage payments, and we have now lost our home to foreclosure. Our mortgage lender was the only bidder at the foreclosure sale and now owns our home. In our neighborhood the home prices have been appreciating, and when the mortgage lender sells our home the mortgage lender should be able to make a profit, i.e., sell the home for more…

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