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Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

In NC and SC this is considered a material fact that could impact a seller's ability to transfer title. Of course, it has to be disclosed. Besides, it will get noted in the tax records so it becomes public information in any event.

Jan 11, 2016 08:28 PM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

It depends.  If it's under contract and scheduled to close escrow prior to the Trustee Sale, and it's not a short sale, then it's likely irrelevant.  However, if you have to ask whether to disclose, it's probably best to do so.  This is a question for your Designated Broker and/or "Legal Hotline".

Jan 11, 2016 11:03 PM
Jeffrey Jones
AZ Home Seekers - San Tan Valley, AZ
AZ Home Seekers,

yes disclose it, you still have time to sell it, but its a material fact that effects the sellers ability to convey the property.

Jan 11, 2016 01:27 PM
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

As mentioned, this is a question for your Broker and Legal Representative. 

Jan 12, 2016 12:53 AM
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

In AZ, we had a landmark case in 2000 addressing 'whether it's confidential to disclose seller's ability to sell / buyer's ability to buy' which changed things. A notice of trustee's sale is not hard to find out -- should be in any title co. property profile and we pull them before we make an offer. We also need to disclose, not in MLS public remarks but in agent remarks and to agents, and in written disclosures to a serious buyer.

Jan 11, 2016 10:25 PM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

No, they don't have to disclose that to potential buyers. Evaluate sellers situation though, sometimes sellers will come up with money to bring loan current. And sometimes lenders tell sellers to keep trying to get contract and they will cancel foreclosure. If you disclose it, you could be hurting sellers chances of getting a contract because buyers and their agents will just say, " well, let's just wait until it goes to foreclosure and maybe we can buy it cheaper"

Jan 11, 2016 07:55 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Anthony. Depending upon the state that you are in, it sometimes takes months or even years to complete a foreclosure process. A lot depends on the amount of debt compared to the value of the property.

Jan 11, 2016 05:13 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Only twice in my career and both were short sale listings to begin with.  One we had a successful short sale and the other did a deed in lieu and even got "cash for keys"

Jan 11, 2016 01:01 PM
Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

Yes! As it is pertinent information. And jump on it fast with the owner and lender to preform a (likely-Don't know all the facts) short sale (if not already in one) or possibly cure the default another way other than foreclosure.

A "deed in lieu" is a voluntary foreclosure and goes on the record as a foreclosure, so best to avoid that as well. A good default negotiator can stop the foreclosure process.

Jan 11, 2016 12:43 PM
Ryan Huggins - Thousand Oaks, CA - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I'd reach out to your state's legal line.  If the escrow closes prior to the auction date, it is likely a moot point.  I bought one like that.  Closed a week before the auction.  Check with the bank and notify the auction administrator (who likely sent the notice).  If you have a contract you can send them, they may be willing to talk.

Jan 12, 2016 08:58 AM
John Cooper
John Cooper Realty Team - Roseville, CA
Residential and Rural Residential

I would say, even if the law doesn't requires the notice or disclosure, the best answer would be yes. The more information people have the better things will usually go in the transaction. 


Jan 12, 2016 08:04 AM
Brenda J. Andrew
Professional Realtor in Conroe/Willis, TX

I would say it has to be disclosed, it is something that would effect the sale of the house.  I had a lender once that was going to foreclosure on Tuesday but on Monday night we received a full price cash offer.  The lender would not accept.

Jan 12, 2016 07:17 AM
Bill Arseneau
Realty ONE Group - San Juan Capistrano, CA
Broker, serving Orange County since 1976.

We would in Ca.

Jan 12, 2016 06:09 AM
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Sounds material - the seller may lose control of the selling process.

Jan 12, 2016 05:26 AM
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

Of course

Jan 12, 2016 03:21 AM
Roy Kelley
Retired - Gaithersburg, MD

The disclosure requirements are usually set my the MLS rules.

I would disclose that information to create a sense of urgency.

Smart real estate professionals will watch for the notices of trustees sales in their markets.

Jan 12, 2016 12:14 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Yes, of course you disclose it.  We disclose what we know ... most especially "material facts".  Why would anyone consider not disclosing it?

Jan 11, 2016 11:42 PM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

it may depend on mls rules and state laws. 

Jan 11, 2016 10:07 PM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

My inclination would be to disclose and not surprise anyone. If the seller has equity and time, depending upon market conditions, may hold back a bit. If a short sale situation, absolutely disclose!

Jan 11, 2016 09:53 PM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

I agree with Jeff Pearl on this one.

This it NOT a material fact about the Property, just a problem in the sellers Negotiation time-line, Disclosure of this would by a breach in your Fiduciary duty.

If I were your seller and you destroyed my negotiating position, I would be going after your license.

Jan 11, 2016 09:48 PM
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Anything that can impact the sale should be disclosed.  

Jan 11, 2016 09:42 PM
Michael Thacker - Re/Max Real Estate Center - Louisville
Re/Max Real Estate Center - The Thacker Group - Louisville, KY
Your best friend who just happens to be a Realtor

Yes, I believe that you do since it changes the dynamics of negotiations, etc.

Jan 11, 2016 09:34 PM
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

I think the more crucial issue is- Will it now be a SHORT SALE ?

Jan 11, 2016 09:21 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones is a material fact.

Jan 11, 2016 09:18 PM
Jack Lewitz
Exit Strategy Realty - Evanston, IL

Yes . I have in the past noticed listings that have Lis Penden notices and listing agent does not disclose and I call them up because they were clueless and need to discuss with seller how they intend on giving clear title to buyer. Can the pay any deficiency or should the do a short sale .

Jan 11, 2016 09:16 PM
Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC

It is a material fact.

Jan 11, 2016 08:43 PM
Curtis Evans
Cabin Realty LLC/ USA, Licensed in Louisiana - Golden Meadow, LA

Jeffery Jones got this one !!

Jan 11, 2016 08:34 PM
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

I think it depends. Is the seller in financial trouble so that he cannot make mortgage payments but there is equity in the home so that it can be paid off upon sale? Or is the market value lower than mortgage amount, then seller should consider short sale and it needs to be disclosed. 

Jan 11, 2016 08:14 PM
Troy Erickson AZ Realtor (602) 295-6807
HomeSmart - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Anthony - As others have already stated, I would consider it a material fact, and would believe that it should be disclosed.

Jan 13, 2016 01:31 PM
John Cooper Sr
Keller Williams - Roseville, CA
Residential Real Estate

You didn't say whether you already have an offer or are in contract. In California when an owner occupied property receives a notice of default and an investor makes an offer you must use a NODPA contract. So I am not sure why anone would not consider this not pertinent information. Of course you must disclose.

Jan 13, 2016 05:48 AM
Lynn Knowles
Keller Williams Realty Eastside - Bellevue, WA
Real estate agent/Realtor serving the Puget Sound

1. Yes, I'm a full-time Realtor

2. 22+ years

3. 50/50

Jan 12, 2016 07:13 AM