Quote from caementarius:
I stand corrected.
However, what incentive do the banks have to pay you off after they've paid each other off? I guess the auction could really result in 100% of the theoretical value of the house but it seems like it would be "dumped" ASAP. And who would refi you if you don't have an income, for example?
The banks don't need an incentive, it's the law. It's just the way the foreclosure process is prescribed in law. Foreclosure is a long process, and not a sure one. I had a friend, a semi-sleazy Russian, who was into flipping foreclosures about 10 years ago, I tagged along for a while wanting to get into it. Here's how it works in California anyways, and it's pretty much the same everywhere.
You take a mortgage to buy your home, you stop paying, and after a while the lender puts your name on a list; notice of pending foreclosure. That list is public info, so watch for the junk mail and phone calls to start pouring in offering a way out. Refi, fast sale, wraparound loans, all this stuff. If you don't get current, the sheriff comes to your house and throws you and your stuff out on the curb. (Seriously, that's a function of the Sheriff, but it hardly ever happens. I heard stories from the old-timers where a protesting homeowner has had to be handcuffed to a tree in the front yard.)
Next your deed winds up on the courthouse steps (literally this is where it takes place) in the hand of an auctioneer. He auctions it off, a surprisingly low-key affair, no fast-talking like on TV. The buyer usually gets it for around 20% under market, the rub is that you have to pay right then and there. Cash or certified check. Not the next day, not an hour, or even 15 minutes later. There's not many people who can command a certified check for $300k (that was the ave price in CA for a foreclosure that I saw). The buyer slaps on a coat of paint, mows the yard, puts it on the market, and collects their 20% a month or two later when it sells.
This is where the proceeds of the loan are dispersed. If you had $200k outstanding on your 1st mortgage, $100k on a second, and $50k on a third, and the house is auctioned off for $1 total, that's all the holder of the 1st gets. Junior loans get nothing, and the property is completely unencumbered.
This is why banks are so afraid of foreclosing on the junk loans in their portfolios. Dump 1000 houses on the auction block all at once and the pool of money available to buy them dries up damn quick. Foreclose, and you might get paid something (if their are any buyers) but that's it. You might have to settle for 50 cents on the dollar. Or 25 cents. Or 1 cent. Hang on to the loan, let the people live there, keep tacking on late fees. Maybe the economy will improve, they get a job, and you can restructure the loan in a few years and get your money back. Better to lose a year or two of interest than a huge chunk of your investment.