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What is a trustee sale on a house?

Writer Mia Horton

In real estate, a trustee sale means the sale of real property through public auction. A trustee sale usually occurs when the homeowner is in default on their mortgage, resulting in a foreclosure. In this case, after the auction is over, ownership of the property will be transferred to the highest bidder.

Can you sell a house as a trustee?

Is a trustee able to sell trust property? Yes. A trustee has the powers of an absolute owner and can even postpone a sale. However, in order to sell any property there must be at least two trustees able to sign the contract for sale.

How does a trustee sale work?

A trustee sale is a publicly-held auction where buyers can bid on real estate properties. If the owner fails to come up with the delinquent payments or does not work out a payment program with the mortgage lender, the bank will send a final letter informing the owner the property will be put up for sale in 21 days.

What happens after a trustee sale?

After the Sale Once the trustee sale is complete, the property deed is recorded in the new owner’s name. The winning bidder can take immediate possession of the property. If the previous owner or rental tenants are present, they must vacate the property and remove all personal belongings.

How much does it cost to put house in trust?

How much does it cost to put a house in a trust? While filing the actual paperwork won’t take much out of your pocket, attorney’s fees account for the bulk of the cost associated with creating a trust. Expect to pay $1,000 for a simple trust, up to several thousand dollars.

How does a trustee sell a trust property?

The trustee will need to engage a real estate agent to market the property and a solicitor to prepare the contract for sale and act on the conveyance. To ensure the property sells for fair market value and to avoid any breach of trust claim for not obtaining the best price possible, it is prudent to sell by a properly marketed public auction.

Where do I go to bid on a trustee sale?

A trustee sale usually occurs at the county courthouse. Parties interested in bidding on a prospective property must register with their name, phone number and a cashier’s check for a deposit.

Can a trustee delay the sale of a property?

The sale process. Before the property can be sold, it may require some work to be done on it. Trustees have the power to effect repairs and improvement of the property under sections 82 and 82A of the Act. However, the sale should not be delayed and must take place within a reasonable time for a fair and reasonable price.

Is it easier to sell a home as a successor trustee?

Selling a home as a successor trustee is easier if sellers release the trust documents in advance. It seems like lately I’ve been working with sellers who are selling a home as a successor trustee under a trust.