Judicial Foreclosure Available: Yes, (rarely used)
Non-judicial Foreclosure Available: Yes
In Tennessee , foreclosures are usually done under a deed of trust accompanied by a note. Regular mortgages requiring judicial foreclosure are seldom used.
Non-judicial foreclosure is usually done under a deed of trust which has a power of sale provision. If the deed of trust lacks such a provision, then the borrower must file a lawsuit (bill in chancery) and undertake judicial foreclosure.
Contents
The foreclosure notice should give the names of the borrower and lender, describe the property, give any street address and state the time and place of sale. Advertising The notice of foreclosure sale must be first published at least 20 days before the sale. The ad must be published three different times in a newspaper in the county where the land is located.
Time
The time of sale shall be between the hours of 10 AM . and 4 P.M. on the day specified in the foreclosure notice.
The sale is made at the place specified in the foreclosure notice, which is normally the courthouse door.
The sale is for cash to the highest bidder.
A lender may seek a deficiency judgment against persons who assume debt.
The redemption time period is two year The right of redemption can be waived in the original deed of trust.
Judicial Foreclosure Available: Yes
Non-judicial Foreclosure Available: Yes, (using the power of sale clause in a deed of trust)
Twenty-Day Demand Letter
The lender must mail a residential borrower a demand letter giving the borrower 20 days to come up with all the missed payments before proceeding with a foreclosure or sending the 21-day notice.
The trustee must send a foreclosure notice stating the date, place and earliest
Advertising: Texas does not require preliminary advertising of the foreclosure in a newspaper.
Texas requires a foreclosure notice to be posted at the county courthouse door 21 days before foreclosure.
Texas requires a foreclosure notice to be filed with the county clerk 21 days before foreclosure.
A foreclosure notice must be mailed to the borrower at the last known address as shown in the records of the lender 21 days before foreclosure.
The foreclosure sale must take place on the first Tuesday of any month, even if it is a holiday such as the Fourth of July or New Year's, but only after the proper preliminary notices have been given. The sale is on the courthouse steps by auction to the highest bidder for cash. Lenders, however, can bid by canceling out the balance due on the note, or some part of it. There is no organization to the sales. The trustee named in the deed of trust simply shows up and calls out the property for sale. The trustee or a lender representative then bids for the lender. Investors must find the trustee in a noisy crowd to bid against the lender. The title is transferred by means of a trustee's deed.
There is not right of redemption in Texas.
Texas now limits deficiency judgments to the difference between fair market value and the balance owed on the loan, although the borrower may have to give evidence about the market value to be sure the deficiency is kept to a minimum.
Texas is a very simple state in which to foreclose.
We use the list as a start-up for us and the information is not dated and not picked over like some of the other Detroit area lists. Some companies will make you wait for their leads while they work the leads all week themselves. All we get are their leftovers! Default Research gives the leads out earlier than any other company and we can get the mail pieces or calls out the same day — that equals success and success equals money.
Plus, Default Research gives the leads out early enough and people can get those mail pieces out the same day! Some companies will give the leads out on Saturday, but the mail does not move on that day — Default Research does not do that. The fresh and fast leads mean we are the first to approach the homeowners and therefore the first to try and make a deal.
I feel like if we get 500 people off the list we are able to help about 25-30 a month stay in their houses. We are able to do a good deed and also make several thousand dollars per deal. That is good business!
I did tons of free trials on foreclosure web sites trying to find the company with the best foreclosure information. Not until I came across Default Research did I find the sophisticated data sorting criteria and ability to save information in different formats. Finally I had found the most accurate and quick information! I can even check out the foreclosure trends going one year back. Now, I am looking forward to years of working with Default Research!
I have heard from other foreclosure lead companies that their leads are the freshest, however the lists from Default Research are really the absolute freshest. Most other company's lists are 25-30 days old when they are e-mailed to you. By that time the homeowner has been contacted 20 times by competitors. Getting to a homeowner that late in the game there is no way you can make money!
I knew I wanted to go with Default Research because I wanted to be the first approach homeowners in distress. I wanted to get to them early and within one week of signing up with Default Research, I got my first sale from the list and started making money. I have found in a short time that persistency and consistency of using Default Research will determine your success in the pre-foreclosure market.
Here is some advice: for those individuals who mail out one letter to each potential client and give up and say it doesn't work, they are RIGHT. It won't work unless you work the program — remember persistency and consistency and — profits and cash.
I'm just getting started and want to learn "everything" — there is so much! I do like the idea of helping people which was a nice thing about your list — there was that possibility.
The earlier I was able to get the leads was well worth the money because it meant more money for me in the long run. Some of the records I got from Default Research did not hit other sites for a week or week and a half. I was able to get to them earlier so the chance to work with them and help them was a lot greater.
I was actually able to talk directly to the people with the leads that Default Research provided. Great to hear that your company is growing and providing investors with research that can truly save a homeowners property or help them find a way to get out.
I have tried several different foreclosure lists and Default Research is by far the freshest and most accurate. I switched over to Default Research two months now and I've been able to close two lucrative short sale deals netting me over $50,000. Before Default Research it would take me months to turn that much profit, now I expect it at least once a month.
I can't tell you how many times I used to call numbers of homes in foreclosure only to find out that the number was turned off. I can tell you how many times that has happened since I started using Default Research. The answer is none! Those homeowner phone numbers pay for the lists on their own. As a mortgage broker these leads are excellent and much better than those provided for free.
After being in the foreclosure business for over a decade now, I have seen almost every lead company. Every company claims to provide the freshest lists — Default Research does! Not only fresh, but accurate! The homeowner mailing lists allow me to find homeowners that have moved out of their houses. And, over 20 percent of my marketing mail came back to me as undeliverable. So far less than 1 percent of our mail has come back when using the Default Research information.
Talk about being the first to approach a homeowner in distress. How about actually notifying a homeowner over the phone that they were in foreclosure! It happened with the Default Research homeowner phone numbers. The phone numbers are crucial in getting to the homeowner quickly. Keep up the great work!