Foreclosure Lawyer Ogden Utah
Ogden is a city and the county seat of Weber County, Utah, United States, approximately 10 miles (16 km) east of the Great Salt Lake and 40 miles (64 km) north of Salt Lake City. The population was 87,325 in 2018, according to the US Census Bureau, making it Utah’s 7th largest city. The city served as a major railway hub through much of its history, and still handles a great deal of freight rail traffic which makes it a convenient location for manufacturing and commerce. Ogden is also known for its many historic buildings, proximity to the Wasatch Mountains, and as the location of Weber State University. Ogden is a principal city of the Ogden–Clearfield, Utah Metropolitan Statistical Area (MSA), which includes all of Weber, Morgan, Davis, and Box Elder counties. The 2010 Census placed the Metro population at 597,159. In 2010, Forbes rated the Ogden-Clearfield MSA as the 6th best place to raise a family. Ogden has had a sister city relationship to Hof (Germany) since 1954.
Phases of a Foreclosure
A payment default occurs when a borrower has missed at least one mortgage payment. The lender will send a missed payment notice indicating that they have not yet received that month’s payment. Typically, mortgage payments are due on the first day of each month, and many lenders offer a grace period until the 15th of the month. After that, the lender may charge a late payment fee and send the missed payment notice. After two payments are missed, the lender may send a demand letter. This is more serious than a missed payment notice; however, at this point, the lender may be still willing to work with the borrower to make arrangements for catching up on payments. The borrower would normally have to remit the late payments within 30 days of receiving the letter.
Notice of Default (NOD)
A notice of default is sent after 90 days of missed payments. In some states, the notice is placed prominently on the home. At this point, the loan will be handed over to the lender’s foreclosure department in the same county where the property is located. The borrower is informed that the notice will be recorded. The lender will typically give the borrower another 90 days to settle the payments and reinstate the loan. This is referred to as the reinstatement period.
Notice of Trustee’s Sale
If the loan has not been made up to date within the 90 days following the notice of default, then a notice of trustee’s sale will be recorded in the county where the property is located. The lender must also publish a notice in the local newspaper for three weeks indicating that the property will be available at public auction. All owners’ names will be printed in the notice and in the newspaper, along with a legal description of the property, the property address, and when and where the sale will take place.
The property is placed for public auction and will be awarded to the highest bidder who meets all of the necessary requirements. The lender (or firm representing the lender) will calculate an opening bid based on the value of the outstanding loan, any liens, any unpaid taxes, and any costs associated with the sale. When a foreclosed property is purchased it is up to the buyer how long the previous owners may stay in their former home. Once the highest bidder has been confirmed and the sale is completed, a trustee’s deed upon sale will be provided to the winning bidder. The property is then owned by the purchaser, who is entitled to immediate possession.
Real Estate Owned (REO)
If the property is not sold during the public auction, the lender will become the owner and will attempt to sell the property on their own, through a broker or with the assistance of a real estate owned asset manager. These properties are often referred to as “bank-owned” and the lender may remove some of the liens and other expenses in an attempt to make the property more attractive.
The borrower can often stay in the home until it has sold either through a public auction or later as REO property. At this point, an eviction notice is sent demanding that any persons vacate the premises immediately. Several days may be provided to allow the occupants sufficient time to remove any personal belongings, and then typically the local sheriff will visit the property and remove the people, and any remaining belongings. Any belongings may be placed in storage and can be retrieved at a later date for a fee.
Court Records for Foreclosure Properties
The court records for a foreclosed property document the details of the legal action taken by the lender against a borrower who is behind on his mortgage. Records for a foreclosure are reviewed after the home is sold at public auction if any legal questions arise about the merit of the foreclosure or the lender’s failure to follow the procedures dictated by state law.
Summons and Complaint
The lender will notify the delinquent borrower of the court action to foreclose the property using a summons and complaint, and this document is entered in the court records for the case. A summons and complaint is the lender’s, or plaintiff’s, explanation of the nature and the basis for the legal action to the court and the type of relief requested. The borrower, or defendant, has the right to respond and refute the claims in the summons and complaint within a time frame specified in the papers, such as 15 days. Once the time for an answer from the defendant has expired, or the defendant’s answer was without merit in court, a request from the lender for a order of reference, which appoints a referee, is entered into the records. The referee is a lawyer appointed by the court to oversee and hold the public auction and verify facts relating to the mortgage, such as the total money owed to the lender. The order of reference itself is also a part of the court records once granted by the judge. Affidavits of service from the professionals who served the borrower and any other defendants’ notice of the summons and complaint must also be entered into the court records.
A lis pendens is a notice to the public that the borrower’s property is subject to a foreclosure action and is usually filed in the county recorder or clerk’s office with the land records. The lis pendens is also entered into the court records in some states, such as New York. The document itself includes a description of the property, the recording information for the mortgage being foreclosed and a list of people or businesses that have an ownership interest in or claim against the property.
Trustee’s Oath and Report
The trustee’s oath and report is a document the trustee prepares that states she will verify the amount owed on the mortgage in a fair manner and set the public auction. A sworn statement signed by a representative of the lender that details the amount owed by line item must be entered in the case records along with the oath and report.
Judgment of Foreclosure and Sale
A judgment of foreclosure and sale is the legal document detailing the judge’s ruling on the merits of the foreclosure. The document includes an explanation of the state requirements for the foreclosure being met by the lender and allows the lender to sell the home at public auction in order to recoup some of the money owed on the mortgage. The judge directs publication in local newspapers of the date and time of the auction, as set by the trustee. Once the judgment is signed by the judge, the document is entered in the court records for the foreclosure.
Trustee’s Report of Sale
A Trusteee’s report of sale is a document prepared by the Trustee after the public auction which documents the results of the auction to the court. The report lists who the new owner of the property is, what amount the home sold for and whether there is a surplus or a shortage of money after the amount the lender is owed is taken into consideration.
Search Public Property Records
When you’re looking into buying a home, it pays to try and dig up as much information as you can about the property. This can be helpful when it comes time for you to negotiate a price, in case the seller doesn’t disclose something, either intentionally or unintentionally. Searching property records is a lot of homework, but you can personally find out a wealth of information about a property by a little sleuthing in the public records, and a property record search can turn up valuable data that you can use when putting together a purchase contract. Do not rely on MLS data alone, because it could affect how much you pay to buy a home.
Matters of Public Record
Property record searches can give deeper insight into the reason behind a sell. For example, if you knew the sellers were getting a divorce, you might not offer full price. A divorce-when-selling situation is a red flag that the sellers might take less because they are motivated. Perhaps you would like to know how many times the home has been withdrawn from the market and put back as a new listing. You can find out how long the seller has owned the home, how much is owed (to determine a short sale), whether improvements have been made without a permit and whether the home is in foreclosure, among other pertinent facts.
Property Search in Public Records
Every city has a place where the public can go to search for information on a property. Property records are maintained at the county courthouse, county recorder, city hall, or another city or county department. Many public offices are staffed by knowledgeable personnel ready to help you find property deeds and encumbrances. You can check federal court records to find out if a seller has filed for bankruptcy or involved in litigation. You can also visit a local county recorder’s office and search by government records right on site. Usually, there is a person available to assist. Once you find the owner of record, if you don’t have an address or the person has moved, you can order reports online to find that missing person. These companies charge a fee, but you can conduct searches at your public library for free.
How to Obtain Foreclosure Documents
Documents seeking a foreclosure on a property contain important information about the reason for the foreclosure, the money owed and the time frame for foreclosure. If your property is being foreclosed upon, having all relevant information about the foreclosure can help you fight it. If a property has already been foreclosed, most documents associated with the foreclosure become public records available for public viewing. Contact in writing the bank that owns the mortgage and request all documents associated with the foreclosure. Mortgages often are transferred from bank to bank, so if your mortgage has been assigned to a new company, you might need to contact all previous mortgage holders to get all documentation.
Send a public records request to the Office of the Assessor-Recorder in the county or city in which you reside. This office maintains public property records, and will have access to all publicly available foreclosure documents. States such as California have freedom of information laws that allow citizens access to all public records. Your request should state the specific records you wish. For example, request, “All property records and all foreclosure documents associated with the property at x address.” You might have to pay a copying fee for the records.
File a civil action demanding release of the records if you are denied access to the records or the records are incomplete. According to the Office of the Assessor-Recorder, banks routinely lose records and might even foreclose on properties that should not be foreclosed upon. You can file a complaint in the county in which you requested the records or where the property is located. It is wise to hire an attorney for this process. You might be able to recover attorney’s fees.
Utah Foreclosure Attorney
When you need legal help with a foreclosure in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506