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Understanding the Trustee Sale Auction Process from start to finish and Net Growth Realty’s full circle, full service.

Net Growth Realty, Inc. takes every necessary step to help our clients understand, prepare, bid and close the deal.  But what really differentiates ourselves from our competitors is what happens after the deal is closed. Then what? We add more value to your investment coordinating your repair work, securing occupancy and managing your investment so your hard working investment now becomes a driving force creating income while preserving your initial capital investment and growing over time.  All your rental income gets deposited directly into your bank account. Net Growth Realty, Inc. holds none of your money except for the initial earnest money to secure your investment property.

We can also help guide you through various methods of financing to help accelerate your return on investment through the concept of leverage. Full circle, full service

Q. What is a Trustee Sale Auction?

A Trustee Sale is a public auction that is open to all bidders, where the property is usually awarded to the highest bidder who meets all of the criteria set by the trustee. A trustee is an individual or company chosen to administer the assets of the beneficiary and facilitate the foreclosure process. The Trustee Sale is a verbal auction usually conducted on the exterior steps of the local courthouse, or at the trustee’s office. The successful bidder will receive title via a Trustee’s Deed.                          

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Q. What types of properties will be sold at a Trustee Sale auction?

 

Almost every type of real estate can be auctioned during a Trustee Sale, including residential homes, commercial property, vacant land, and multi-family apartment buildings. Essentially, if a Trustee’s Deed exists for real property, that real property can be auctioned via Trustee Sale.

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Q. What is the typical timeline for a Non-Judicial Foreclosures / Trustee Sale?

 

CALENDAR

DESCRIPTION

After approx 90 days without borrower making a mortgage payment

Request to initiate foreclosure received by Trustee. Default documents prepared and sent for signature/recording (Substitution/Notice of Default). TSG ordered from title company.

Start (day 1)

Notice Of Default recorded with County Recorder.

Within 10 business days

Notice of Default and Important Notice are mailed to trustor/new owner on the Deed of Trust at the property address, address on Deed of Trust and any other adresses known to lender/trustee. Notice is also sent to any parties with a recorded Request for Notice as required under Section 2924 (b) (1).

Within 1 month

TSG is received and reviewed. Notice of Default mailed to all entitled parties with an interest in the property (ie, new owners/junior lien holders) as required under Section 2924 (b) (1).

3 months after recordation of Notice of Default

Notice of Trustee's Sale is prepared and sent for publication.

25 days prior to Sale Date 

Send Notice Of Sale to IRS (if applicable).

20 days prior to Sale Date 

Begin publishing Notice Of Sale in an adjudicated newspaper. (must run once a week for 3 consecutive weeks).

20 days prior to Sale Date 

Post the Notice of Sale on the property itself. Most posting services will photograph the posting location for your records.

20 days prior to Sale Date 

Mail Notice of Sale to the trustor and all other parties to which the Notice of Default was mailed as required under Section 2924 (b) (1).

14 days prior to Sale Date

The Notice of Trustee's Sale is recorded in the County Recorder's office.

5 days prior to Sale Date

The borrower's right to reinstate expires.

On sale Date

The property sale is postponed to a new sale date or the property is sold to high bidder, or the property reverts to the foreclosing beneficiary.

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Q. Who owns the properties that are being offered at the auction?

 

Until the Trustee Sale process has concluded, these properties are still owned (by Trustee’s Deed) by the homeowner (i.e., the person or entity that has promised to pay the note owed against the property)If a third party (i.e., you) does not bid above the opening bid price set by the trustee, the property becomes lender/bank owned. If a third party is the successful high bidder, the property becomes the property of that bidder after the winning bid has been paid in full by the end of the next business day.

It is imperative that when bidding on a Trustee Sale auction, you make sure that the deed on which you are bidding is in "first position" and is not a second mortgage, line of credit, or home equity loan; in most cases these deeds are worthless and have no priority over any first position (or first mortgage) that may be outstanding.  FOR THIS REASON IT IS IMPERATIVE TITLE SEARCHES ARE CONDUCTED THE DAY OF THE SALE. There are tax liens, past liens that may need to be cleared after the sale, and most of all the concern of bidding on a second position.  Any liens that are in the subordinate position go away except IRS liens.

Net Growth Realty, Inc. takes this necessary step for our clients as part of our full service full circle solution.

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Q. How were the opening bid values determined? How current are they?

 

The opening bid is "influenced" by many factors, including: A) the amount of the full debt owed to the beneficiary of the deed (i.e., the lender); B) the lender's desired minimum value of the property in connection with the most recent mortgage on the property; C) the most recent asking price adjusted by market conditions; D) the assessed value; or E) the most recent broker price opinion. Trustees and the beneficiaries that they represent do not use any publicly available formulas - each opening bid is uniquely determined on a case-by-case basis.

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Q. Should I go to inspect the property prior to bidding at the auction?

 

Yes, yes, yes! The only way for you to make an informed decision when it comes to bidding and buying is to not only visit, view, and inspect the property prior to the auction, but also to read and review any property information and disclosure documents pertaining to that property. Do your investigation. Make your inspections. The time involved with doing a drive-by inspection of every potential property for the chance that you will be the highest bidder can be a large investment if you are planning to tackle that chore on your own. Net Growth Realty, Inc. includes in our full circle full service solution an initial drive-by on properties that may interest you. Using our drive-by as the first phase of your property evaluation can save you time and money. This leg work will help you get the information you need to make sound decisions.

*Note: information regarding occupancy may not be complete on drive-by reports due to limited or unavailable access to a property. Also, remember that all properties are sold as-is, and any pre-existing problems with the properties being auctioned become the sole responsibility of the winning bidder. Therefore, it is of the utmost importance to obtain as much information as possible about the property before bidding on any Trustee Sale auction.

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Q. Can I conduct inspections after the auction?

 

If you are the winning bidder at a Trustee Sale, and you have paid for the property in full by 5:00pm the next business day, that property is legally yours once you receive the Trustee's Deed. However, the Trustee’s Deed does not give you an automatic right of possession. After you receive title, you must negotiate with any occupant of the property to arrange for a voluntary inspection and surrender of the property.

In many cases you will find current tenants will want to stay on as renters and may or may not have been aware of the public auction. You will even find owners who are also interested in staying as renters as many homeowners over extended themselves back in the mid 2000’s when the housing market prices were over inflated and mortgage payments became too excessive.  However, in many instances you will have a vacant property that is in need of some type of repair work. On a rare occasion if the occupant does not cooperate, you must resort to an eviction lawsuit.

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Q. Can I bring a contractor with me during a drive-by inspection?

 

Yes! We highly recommend that you seek the advice of a knowledgeable (and preferably certified) contractor or home inspector.

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Q. What do I need to do to bid on a property going up for a Trustee Sale auction?

 

First, you must register with Net Growth Realty, Inc. (it’s free to sign up).  Complete the Contact Us page on our website. After you have registered, one of our Net Growth Realty, Inc. professional members will call you to get an understanding of your investment objectives and to answer any questions you may have. Next, in order to become a Net Growth Realty, Inc. client, you must transfer a $10,000 earnest money / bidding deposit to David Leeper, Net Growth Realty, Inc. This earnest money is required by the State of Arizona for all persons bidding for a Trustee Sale property. It will be held in a secure account and can be refunded at any time prior to you becoming a winning bidder.

*Note that the $10,000 earnest money can be used to bid on any property, but it may only be used on one property at a time. So if you are hoping to win more than one bid in a day, you need to have a $10,000 deposit for each separate property.

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Q. Do I need any experience to bid at one of your auctions?

 

No... However, the bidding experience can be a little daunting even to seasoned bidders. That's where Net Growth Realty, Inc. comes in. Let us do the bidding for you, the repair work, help obtain or even retain the tenants/prior owners and offer our property management services…full service and full circle solution. We will help you every step of the way to your path to financial freedom.

Many new Trustee Sale investors underestimate the time required to attend the auctions day-after-day hoping that the property they want will not be postponed. Then, once the property they are tracking actually goes to auction, many new bidders can have their winning bid needlessly run up too high by unintentionally tipping off other bidders that they have interest in the property. Net Growth Realty, Inc. does the time-consuming bidding task but not only that helps you identify properties as well. Remember, we don't charge any acquisition fees unless you win the auction.

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Q. Are there any unethical competitors at auctions?

 

By and large, bidding for properties at Trustee Sale auction is very safe and straightforward. However, even though collusion is an illegal practice, in the free-for-all setting of unregulated public Trustee Sale auctions, it is very hard for a passive or new investor to compete on a level playing field. If you are not a professional bidder, or not represented by one, it can be a very costly and frustrating experience to "learn the ropes" as a novice participant. Net Growth Realty, Inc. is a reputable company doing business for over 10 years. We believe that all qualified parties should have the right to compete fairly and ethically in a transparent forum to purchase assets at Trustee Sales. We believe this is a sound course of action towards your path to financial freedom.

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Q. What is the Earnest Money Deposit?

 

State of Arizona law requires that any party that intends to bid on a property at a Trustee Sale must provide proof of funds in the amount of a $10,000 as a bid deposit. These funds must be in the form of a certified cashier's check and, more often than not, must be made payable to the Trustee conducting the sale. Additionally, you are required to have a $10,000 check for each property that you intend on buying.

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Q. What if I buy more than one property - what is my Earnest Money Deposit requirement?

 

The State of Arizona requires a cashier’s check in the amount of $10,000 for each property purchased, with the balance due on all properties before 5pm the following business day. You can bid on as many properties as you would like, but when you win with the highest bid you are required to provide the $10,000 deposit at that time.

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Q. What if I change my mind? Can I cancel the transaction after the fact?

 

No! Once the auctioneer has announced "Sold!" you have agreed to purchase the property. There is no rescission or "cooling off period". That is it why it is important for you to conduct all of your due diligence and inspections prior to bidding on the property. Do not bid on any property that you do not want to own. If you are unable, or unwilling, to complete the sale after you have provided the Trustee your $10,000 bidding check, your check may not be returned to you, and the Trustee may decide to pursue you for the remaining balance of the difference between the winning bid and the bidding deposit.

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Q. How do I know that the title to the property is clear and whether there are any liens on the property?

 

Many homes that are in the foreclosure process have outstanding federal, state, or local taxes owed, as well as delinquent HOA dues, assessments, or fines. It is very important that all due diligence is performed to make sure that the property in which you are investing is exactly what you think it is and that you know and understand any outstanding fees/liens that are not eliminated during the Trustee Sale process.

As mentioned earlier above, it is imperative that when bidding on a Trustee Sale auction, you make sure that the deed on which you are bidding is in "first position" and is not a second mortgage, line of credit, or home equity loan; in most cases these deeds are worthless and have no priority over any first position (or first mortgage) that may be outstanding.  FOR THIS REASON IT IS IMPERATIVE TITLE SEARCHES ARE CONDUCTED THE DAY OF THE SALE. There are tax liens, past liens that may need to be cleared after the sale, and most of all the concern of bidding on a second position.  Any liens that are in the subordinate position go away except IRS liens. This “call on the day of title search” is not a guarantee that the title is free from defects and/or superior liens.

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Q. Is there a redemption period where the former owner can make good on their debt?

 

No! These are all bank-owned properties; the foreclosure process has been concluded and finalized

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Q. What is an opening bid?

 

The opening bid is set by the Trustee and/or the foreclosing beneficiary. Although typically published at least 24-hours prior to the actual auction time, the opening bid can change several times leading up to the start of the auction, including as late as one hour before the auction.

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Q. What is a max bid?

 

A max bid is the highest amount an investor would be willing to bid on a property. This does not mean that the investor will spend that amount. Only if other bidders increase, or bid against the investor, will his or her bid go up any more than a hundred dollars at a time. Take the example of a home that has an opening bid of $50,000 and an Net Growth Realty investor has set their max bid to $70,000. When the auction begins, an agent for Net Growth Realty, Inc. will begin with an opening bid of $50,001 for the property. If no other investors bid on the property, then the Net Growth Realty, Inc. investor will be the winning bidder, and their $10,000 earnest money check will be given to the trustee. Then, by 5pm the following day, another cashier’s check in the sum of $40,001 will be required to pay the balance. Please feel free to call us at any time to speak with a Net Growth Realty, Inc. professional team member or your agent at (602) 200-9939.

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Q. Can I bid on more than one property?

 

Yes. You determine your bidding limits, and as long as you have enough funds, you can bid on more than one property. Make sure that you have $10,000 for each property for which you wish to bid.

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Q. What if I want to bid on back-to-back properties?

 

You may bid on as many properties as you like as long as you have a $10,000 bidding deposit for each property. If you are not the winning bidder on a property, then your $10,000 will be held until you request it to be returned to you or you become the winning bidder on a subsequent property.

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Q. Can I change my max bid once the auction has started?

 

Yes! We are a phone call away!  Your personal agent will be available for those last minute bid amount changes.

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Q. When does the auction end?

 

The auction ends when the auctioneer closes the sale by publicly crying out that the property has been sold, and the winning bidder gives the auctioneer their $10,000 bidding deposit. At that point, no other bids will be accepted on the property. The exact timing of this process varies greatly between auctioneers. Some auctioneers move the auction process along extremely quickly, calling the sales at rapid pace, while others move very methodically and predictably. For this reason, it is imperative that you know your bidding numbers and strategy prior to actually bidding. Do not panic. Know your numbers, and do not go above your maximum bidding number.

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Q. Are all auctions held at the same time?

 

There can be as many as six auctioneers from various trustees all auctioning/calling properties at the same time. This makes the bidding process extremely difficult for a solo investor trying to follow multiple potential investments that may be being sold at the same time.  We do our research ahead of time to identify those properties that meet your criteria that’s part of our first “full service, full circle solution” for our clients.

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Q. How will I know if I am the Winning Bidder?

 

At the conclusion of the bidding, after no other bids are received and the auctioneer declares a property sold, if you are the highest bidder, then you will have won the auction. You will shortly receive a personal call informing you of your win and for how much the winning bid was. At this point, you will have until 5pm the following business day to have the remaining balance paid, or you will forfeit your $10,000 earnest money and face possible litigation.

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Q. I received an email stating I am the highest bidder, what do I need to do?

 

Once your winning bid  personal call arrives or please feel free to contact us at (602) 200-9939. You have until 5pm the following business day to have the remaining balance paid, or you may forfeit your $10,000 earnest money and face possible litigation from the Trustee.

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Q. What is the history behind Net Growth Realty, Inc.?

 

Please visit our page at About Net Growth on our website for more information about us. 

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Q. What is the company contact information?

 

Net Growth Realty, Inc.

Phone: (602) 200-9939
email: info@netgrowthrealty.com

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