FAQs

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EVICTION

​How long do I have to vacate the property?

An eviction is a judicial process that involves certain elements outside of our office’s control, such as the Clerk’s Office and the Sheriff’s Department. Furthermore, answering said question could possibly be construed as giving legal advice. Our firm is NOT allowed to give legal advice since it would be a conflict of interest and in violation of the Rules of Professional Conduct for attorneys. However, our client might be willing to agree to a mutually beneficial date by which the property could be vacated. A request for an agreed vacate date should be made in writing and faxed to (501) 734-4406, emailed to evictionquestions@wilson-assoc.com or mailed to the attention of the Eviction Department at 400 W. Capitol Avenue, Suite 1400, Little Rock, AR 72201.

Can I have more time to vacate the property?

Our client might be willing to agree to a mutually beneficial date by which the property could be vacated. A request for an agreed vacate date should be made in writing and faxed to (501) 734-4406, emailed to evictionquestions@wilson-assoc.com or mailed to the attention of the Eviction Department at 400 W. Capitol Avenue, Suite 1400, Little Rock, AR 72201.

Is there someone at the Mortgage Company/Bank that I can call to talk about this?

Our firm is not able to release our clients’ contact information without their prior consent. Requests to correspond with our client should be directed to our firm in writing and faxed to (501) 734-4406, emailed to evictionquestions@wilson-assoc.com or mailed to the attention of the Eviction Department at 400 W. Capitol Avenue, Suite 1400, Little Rock, AR 72201.

Will I receive notice before my personal property is moved out of the house?

All State law requirements will be met.

Why have you filed an eviction action when I have been out of the property for months?

Many times our clients are not able to tell with certainty whether or not a property has been vacated. Often times, a large amount of personal property will be left at the house, which will lead them to think the property is still occupied. Our clients tend to err on the side of caution and have us start an eviction action if they are not absolutely certain that the property is vacant.

Do I have to go to the hearing? What happens if I don’t? Will I go to jail?

An eviction case is solely a civil matter and does not involve the criminal side of the judicial system. There are no criminal penalties for failing to appear at an eviction hearing that our firm is involved in. If a decision is made not to appear, a default judgment will be entered that will entitle our client to possession of the property.

I have already moved out of the house, where do I leave the key?

All of our clients have policies that require re-keying the locks on the house. Therefore it is not necessary to mail the key. It is helpful however, if the garage door openers or keys to other locks besides primary entry points, be left on the kitchen counter.

Can we have some type of relocation assistance to help with the costs associated with moving?

Some of our clients do offer relocation assistance at varying amounts. If this is something that is available, an offer from the client will be made either by mail or personal visit from a representative of our client.

Can I catch up on my payments (reinstate the loan) and keep the house?

In very few instances will our clients allow a loan to be reinstated after the foreclosure sale. To request a reinstatement, submit a written request to our office via fax at (501) 734-4406, email to evictionquestions@wilson-assoc.com or mail 400 W. Capitol Avenue, Suite 1400, Little Rock, AR 72201.

PLEASE NOTE: Our clients will only give serious consideration to requests that are accompanied by proof of funds.

Can I payoff the loan and keep the house?

Some of our clients will allow re-purchase of the property at a price based on the payoff, including all fees/costs. To request a payoff, submit a written request to our office via fax at (501) 734-4406, email to evictionquestions@wilson-assoc.com or mail 400 W. Capitol Avenue, Suite 1400, Little Rock, AR 72201.

PLEASE NOTE: Our clients will only give serious consideration to requests that are accompanied by proof of funds.

What constitutes proof of funds?

It depends on where the money is coming from. A copy of the bank deposit and bank statement showing funds available. If the funds are on deposit in a relative/friend’s account, a copy of the relative/friend’s bank statement AND a letter from the relative/friend indicating they are willing to remit funds on your behalf. If you or a relative/friend are obtaining a loan, then a pre-approval letter from the lender indicating the amount you or they are approved up to.

PLEASE NOTE: In post-sale situations, our clients will not provide figures until proof of funds have been provided first.

I have entered into a relocation assistance agreement with your client, so why was I served with eviction papers?

Our clients will often proceed on a dual course such as this. By continuing the eviction process, while they work with the customer to relocate, the client avoids a lengthy delay if the customer does not meet the agreed upon relocation date.

Will they just randomly come and remove our personal belongings and change the locks?

Our clients have periodic property inspections performed on their properties. If they find that the property is no longer occupied, i.e. being lived in, our clients have the right to secure their properties and make certain that the property is up to any applicable local code and/or ordinance. If there is personal property remaining and it is deemed debris, it may be disposed of. If it appears to be personal property of value, our clients will usually retain it for a reasonable time and allow time for the owners to retrieve it. Contact our office if you would like to retrieve personal property from a residence where the locks have been changed.

FORECLOSURE (REAL ESTATE AGENTS)

May I have the reinstatement or payoff amount?

Wilson & Associates will not provide confidential information relating to the borrower or the defaulted loan to any third party who is not listed on the loan documents, unless explicit written authorization by the borrower is received by Wilson & Associates.

May I have a copy of the title work?

No. The title work is the property of our client.

FORECLOSURE (INVESTORS/PURCHASERS)

​How may I purchase this property prior to the foreclosure sale date?

If you are interested in purchasing the property prior to the foreclosure sale you MUST contact the individual who owns the property. The mortgage company does not own the property and cannot sell the property or provide to you any information regarding the payoff amount. Neither the mortgage company nor this office can provide any specific information regarding the mortgage or the foreclosure to anyone other than the borrower. In the event that you are purchasing the property from the owner you will be responsible for ensuring that the closing is completed prior to the sale date and sufficient funds are tendered to the mortgage company to pay off the loan in full. The tendering of funds to the owner of the property does not stop our sale. The mortgage company must receive the funds prior to the sale date.

Further information may be obtained under the FAQ tab at www.wilson-assoc.com.

I am interested in buying this property. How can I find out how much the property is worth before I decide to bid on it?

Wilson & Associates does not conduct the foreclosure sale itself. It instead hires a third party company called Statewide Trustee Auction & Realty Services to handle this portion of the foreclosure process for the lender. This company will conduct the sale as provided for in the Notice of Default and Intention to Sell or the Notice of Sale.

How can I contact the owners to buy the property from them before the sale?

Wilson & Associates will not provide confidential information relating to the borrower or the defaulted loan to any third party who is not listed on the loan documents, unless explicit written authorization by the borrower is received by Wilson & Associates. Borrowers and their authorized representatives are entitled to obtain information pursuant to state and federal law.

May I get a copy of the title work?

Generally, not without authorization from the foreclosing entity.

If I purchase the property at the foreclosure sale, will the title be clear?

All properties are sold “as is”. It is the individual investor’s responsibility to obtain a title search for any outstanding mortgages, liens or taxes due. Wilson & Associates does not warranty title, marketability or occupancy.

May the opening bid be provided prior to the sale?

Wilson & Associates, PLLC does not provide information to third parties regarding foreclosure sales, bids, property valuations, etc. There are several web sites that compile foreclosure information independently that may provide additional information, such as Realtytrac and foreclosuresinarkansas.com; however, the firm is not affiliated with those sites and cannot verify the accuracy therein.

May I view the property prior to the sale?

Wilson & Associates represents the lender, and as such, we do not have the authority to allow a viewing of the property prior to the foreclosure sale. Viewings must be arranged with the property owner.

What do I need to bring to the auction with me?

Wilson & Associates cannot advise you as to what you should or should not bring to the sale.

How do I go about bidding on the property?

If you are interested in the property, you will need to appear at the location described in the publication on the day of sale and enter a bid.

If I am the successful bidder at sale, may I have the vesting on the deed changed from the vesting information I provide at sale?

No. The deed will be titled based on the vesting information provided on the sale form completed at the time of sale.

If I am the successful bidder, when will I receive a deed to the property?

You will receive a deed after our office receives funds in the amount of the purchase price. The deed will be delivered to the address provided to us at the time of sale. Deeds can also be picked up at our Merrill Drive office in Little Rock upon request. It is the successful bidder’s responsibility to record the deed in the appropriate county.

How long do I have to get the funds to your office and what form of payment is required?

Funds may be submitted to our office by wire transfer or hand delivery in the form of certified check or money order. Pre-qualification letters will not be accepted as tender in exchange for the deed.

Arkansas – The full amount must be tendered at the conclusion of the sale in certified funds.

Tennessee – The full amount must be tendered at the conclusion of the sale in certified funds.

Can the time be extended to get the funds to your office?

Wilson & Associates will confirm with our client whether or not it will agree to extend the time to tender the funds. Once we have confirmation from our client, we will notify you if the extension is granted.

Who is responsible for the taxes?

The purchaser at sale is responsible for paying the taxes.

May I have the keys to the house?

Wilson & Associates does not have keys to the house.

Who handles the evictions?

The successful purchaser is responsible for evicting the occupants, if needed.

If no one bids at the sale, how can I buy the property?

If no one else bids at the sale, the lender or the investor will take title to the property and will hire a real estate broker to market the property. The property will then be sold on the open market.