Money Does Matter

The temptation to buy foreclosed property leads many to make a move before they have thoroughly researched the law to determine how they may be personally impacted by the decision. In September 2009 Section 33-814 went into effect before legislators or voters figured out what it meant for those buying Arizona foreclosure property and the results have been disastrous.

This section of the law was meant to correct problems in Senate Bill 1721, but decisions were made based on erroneous information and it resulted in much confusion which is now hitting the courtroom in need of clarification. The purchase of foreclosed property is especially difficult under this new law as the lender can place a lien on the property until the original mortgage is fully paid.

Those promoting revision claimed that the current law was designed to protect those reselling a foreclosed home, such as a bank, from loosing money on the deal and making it harder to foreclose in the first place. However, the result was an interpretation of the law that allowed lenders to file a deficiency judgment against the property if the sale price was less than the debt owed. This addition not only left the former owners unprotected, but also placed a lien against the property so new owners were unable to resell until the old debt was resolved.

Those who buy in this area to become snowbirds may find they have bitten off more than they can chew as there is also a residency clause included. What it states is that anyone absent from their property for 30 days or more, who have missed even one payment, can return home to find their possessions and property sold in order to repay the mortgage. And, if sufficient funds are not collected, the former homeowners are held responsible for the difference. This also includes cases of extended hospitalization. We can all agree that lenders have been coming out on the short-end of the stick in the foreclosure market, but one must ask, is the law fair? Only the courts can decide.

There are many issues associated with the new law that will take many years to sort out in appeals court. It is here that new laws receive interpretation, but so many judicial actions are now underway they may never sort it all out. The end result could be a repeal of the law that leaves lenders in financial straits, old owners permanently losing their property, and new owners not knowing where they stand. Eventually, new owners may find they have spent a ton of money and have nothing to show for it in the end.

Many fear the results of a repeal of the law, if it is deemed unconstitutional, since it may leave them in a far worse situation than they are currently in. New buyers may find they are in the worse position of all having bought a home that includes a lien for more than the value of the property and finding they may have to return it to the former owners in the end anyway without compensation. One example of how complex this can be is that it is unclear whether the lien placed on the property is indefinite or how it might affect a resale.

Unfortunately, courts are now being inundated with lawsuits and injunctions which are filed by lenders within 90 days of the sale of the property. They hope to eventually collect on the full value of the loan but, in the meantime, those who already couldn’t pay their mortgage payment are now faced with the cost of mounting a strong defense which could result in litigation lasting for years and costing thousands of dollars. For those who purchased one of these properties, they may find themselves in much the same position especially as those fighting the system and the law find new ways of reinterpreting it.

For those considering the purchase of foreclosed property, there are many legal questions that should be asked especially with the new Arizona foreclosure laws. As with any transaction of this magnitude, it is always best to work only through qualified real estate agents as well as with estate attorneys or other legal expert who can navigate the muddy waters of this complex legal mandate.

Getting the information you want to find AZ foreclosures is easy when you know where to look! Start today, and find your Arizona foreclosure fast!