Auction FAQ
Below are some of the most frequently asked questions about attending or bidding at one of our real estate auctions.
To qualify to bid at the Auction, a potential bidder must present a deposit in the amount advertised in the Mortgagee’s Notice of Sale. The deposit amount is $5,000 unless noted differently on this site under the individually scheduled sales. The deposit must be in the form of a bank certified check, cashier’s check or money order payable to the person who is going to bid. Cash is also accepted by the auctioneer. At the completion of the Auction, the successful bidder must endorse the check to the law firm representing the lender and must give the check to the auctioneer or the lender’s agent and sign a memorandum of sale.
There are many sources you can utilize to obtain additional information about the properties listed on our website. You can subscribe to some of the sources and others are free. Although we do not recommend any specific service, you can subscribe to services such as www.realtytrac.com and www.foreclosure.com or you can log on to www.zillow.com which is a free service. You can also obtain an assessors field card from the city or town where the property is located. In the event you decide to use a third party source to obtain additional information about any properties, please be advised that Commonwealth Auction Associates, Inc. does not warrant or guarantee the accuracy of any information obtained.
The deposit check should be made payable to the party bidding and endorsed to the lender’s counsel at the end of the Auction. The successful bidder must present adequate identification to the Auctioneer.
The Auction will be held at the property. For your convenience, there is a link under our sale listings with directions to the property on this site.
No. The lender does not guarantee or represent title quality. You will need to perform your own title review to determine if the title is satisfactory.
The Auctioneer does not have access to the premises. Prior to the sale, the law office will request that the homeowner provide access to the bidders on the day of the sale. Typically, access is not granted. The Auction will proceed whether or not access is provided.
We typically do not know if the property is occupied. You can sometimes learn this information on the day of the sale at the property.
The purchaser at the Auction is responsible for any occupants who reside in the premises. You will need to bring an eviction action if the occupants do not move voluntarily.
In almost every case, the foreclosing lender does not have the keys to the property. You will need to arrange the surrender of the premises and the keys from the occupant. If the occupant does not move voluntarily it will be your responsibility to bring an eviction action and change the lock after you obtain lawful possession of the premises.
The Memorandum of Sale that you will have to sign on the day of the Auction usually provides that the balance of the amount bid is due in 30 days. It also contains a clause that time is of the essence. Any extension beyond the 30 day period is at the discretion of the foreclosing lender. If you fail to deliver the balance of the funds, your deposit will be forfeited.
We do not usually know these types of details about a property. You are responsible for performing your own research. Some of this information may be found at the local assessor’s office, the Registry of Deeds or in some cases on-line. We cannot confirm the accuracy of any such information.
At the Registry of Deeds or Land Record office. This information is also in the Notice of Sale published in the newspaper for several weeks prior to the sale.
Until the Auction is completed, the property belongs to the homeowner. You can purchase the property directly from the homeowner provided that he/she is willing to sell it to you. If you approach homeowners directly, we ask that you be respectful of their situation and their privacy. We recommend to homeowners who are approached that they consult with their own attorney prior to signing any agreements
We do not provide you with this information. There are public sources such as the Registry of Deeds where you can find this information.
There are many books on foreclosure auctions and there is a lot of information on-line. The best way to become familiar with auctions is to attend a few prior to bidding at an auction. We publish a two week auction schedule on this site.
When bidding is commenced, the Auctioneer will ask for an opening bid for the property. If no bids are received, the Auctioneer or lender may choose to enter a bid or adjourn the sale. If the lender enters a bid and no one else enters a higher bid, the lender will purchase the property for its opening bid. The lender has the same right as third parties to engage in competitive bidding.
The lender or its representative will announce whether it is foreclosing a first, second, third mortgage, etc. It will also announce if it knows that there is an IRS lien recorded against the property. However, the sale is without any warranties and it is the bidder’s responsibility to examine the title prior to bidding at the sale.
The potential bidder should ascertain this prior to attending the Auction. No information will be provided.
The Memorandum of Sale usually provides that the closing is to take place at the law office which represented the lender in the foreclosure. The closing consists of an exchange of foreclosure documents for the balance due of the amount bid. The lender will not execute any of the typical documents that are found in a conventional closing transaction other than the HUD-1. The only information that should appear on the HUD-1 on the Seller’s side is the balance due of the amount bid.
These items are all the responsibility of the successful bidder.
Unless the homeowner is willing to provide you with access, you will not be able to get an interior property appraisal prior to the closing.
The Memorandum of Sale provides that the purchaser bears the risk of loss between the Auction date and the date of the closing. We cannot advise you other than to say if you are the successful bidder you will have an insurable interest in the property after the sale. This is demonstrated by the Memorandum of Sale which you will sign. You should provide a copy of this document to your insurance agent.
Any personal property left at the property is the responsibility of the purchaser. It should be removed lawfully and disposed of in the same manner.