Friday, March 21, 2014

How to Buy Foreclosure Property on Maui – Part 3


At a judicial foreclosure auction, you will be required to show the Commissioner at least 10% of your highest bid.  This means that if you intend to bid, you must appear with cash or a cashier’s check.  For example:  if you have calculated that your maximum bid for the property will be $100,000, you must show the Commissioner $10,000 cash or a cashier’s check for the same amount.  Experienced investors will bring several cashier’s checks of different amounts that total 10% of the their highest bid.  This technique ensures that you do not submit more money than necessary to an escrow account. 

If you are the highest bidder for the property, the Commissioner will take 10% of your highest bid, give you a receipt and open an escrow account.  Shortly after the auction, the Commissioner will file a report with the Court detailing the sale of the property and the auction to give the presiding judge enough information to decide whether to confirm the sale. 

A Confirmation Hearing will be scheduled after the auction for the Court to hear any opposition or argument regarding the auction and sale of the property.  It is common practice for the Court to reopen bidding at the Confirmation Hearing.  The Court is not required to reopen bidding so if you are intent on obtaining the property, you should bid at the initial auction. 

If you intend to bid on the property at the Confirmation Hearing and the Court allows additional bidding, you must bid at least 5% higher than the winning bid at the auction.  After the bidding process has concluded, the Court will typically confirm the sale of the property.  The proceeds of the auction will be distributed to the lender of the property who is owed money.  Any remaining funds will be distributed to other lenders with lower priority who have a claim to the property and also the former owner. 

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