IT IS THE RESPONSIBILITY OF ALL PROSPECTIVE INVESTORS TO PERFORM THE DUE DILIGENCE THEY DEEM NECESSARY PRIOR TO PURCHASING A PROPERTY AND TO SATISFY THEMSELVES AS TO THE PHYSICAL CONDITION AND ALL ASPECTS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, ANY LIENS, ENCUMBRANCES, ASSESSMENTS, DUES, FINES AND/OR PENALTIES. YOU MAY WISH TO CONSULT WITH A LICENSED REAL ESTATE BROKER, ATTORNEY, FINANCIAL OR TAX ADVISOR OR OTHER PROFESSIONAL IN CONNECTION WITH ANY PROSPECTIVE BID
In researching over 5,000 properties per month, there is always the possibility of errors within this database. Please verify your data and consult the appropriate Real Estate professional before purchasing any property. While significant precautions are taken to ensure that the results are accurate, neither this website nor its owner is responsible for any losses that may result from the use of this data.
These Website Terms of Use (“Terms of Use”) are applicable to the websites of Fubakaze, LLC, and its affiliates and subsidiaries (collectively, “we”, “us”, “our”, “FLS”, “Foreclosure Listing Service”, “Fubakaze” or the “Company”), including www.4closure.info, www.prophawk.com, www.flsonline.com and any other website where these Terms of Use are posted (“Websites”). In addition to the Websites, these Terms of Use are also applicable to all Fubakaze, LLC tools, documents, applications (including mobile applications), and other services. Collectively, we call all these Websites, tools, and applications “Services.” Please read this document carefully as it is a legally binding agreement between you and your heirs and representatives (collectively, “you”), and Fubakaze, LLC.
NOTICE TO PROSPECTIVE INVESTORS: Prospective Investors should understand that there are risks involved in investing in real estate, purchasing a property at a foreclosure auction, and (but not limited to) buying a property that has been foreclosed on. Prospective Investors may be bidding on a lien, not on the property itself. Placing the highest bid at the Auction does no automatically entitle that bidder to free and clear ownership of the Property. Prospective Investors should be aware that the lien being auctioned off may be a junior lien. The Winning Bidder is or may be responsible for paying off all liens senior to the lien being auctioned off before receiving clear title to the Property. Further, the same lender may hold more than one mortgage or deed of trust on the property. Prospective Investors are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on each Property by contacting the county recorder's office or a title insurance company, either of which may charge a fee for this information. Any documents, information or pictures posted on the internet (including but not limited to www.4closure.info or www.prophawk.com, or any affiliated sites/mobile apps), are for informational purposes only. Information provided by The Company has been gathered from a variety of sources and The Company has not independently verified such information. The Company shall not be liable for any errors in the information provided. The Company has not, and will not, make any representations or warranties concerning the accuracy or completeness of any information provided. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and to fully understand the foreclosure process in general. Pictures purporting to depict the Property and documents detailing the Property condition may not reflect the correct property condition of the Property at the time of sale or describe the correct Property. No representations, warranties, or guarantees are made that any items depicted in the pictures (i.e. air conditioning units, fixtures, etc.) will be present at the time of sale or upon obtaining possession of the Property. Prospective Bidders are encouraged to fully investigate the Property and seek appropriate professional assistance before bidding. Such investigation should include, but not be limited to, an examination of (i) the quality of title that the purchaser in many cases will receive, including any liens or encumbrances which the Property will be subject to following conveyance to the Winning Bidder, (ii) the condition of the Property, (iii) the Property’s compliance with any applicable laws or ordinances, including zoning or building codes, and (iv) the suitability of the Property for any particular purpose. Sales to Winning Bidders are subject to current occupancy status of the Property. The Property may be subject to the redemption rights of third parties in accordance with applicable law. Prospective Investors shall not trespass on the Properties, disturb the occupants, or contact the borrowers to obtain information about the Properties. Prospective Investors may be subject to criminal and/or civil liability for such acts.
Our use of your information is governed at all times by our Privacy Statement. Our Privacy Statement explains our practices relating to the collection and use of your information in connection with the Services and is incorporated into these Terms of Use. By using the Services, you consent to the collection and use of your information as set forth in the Privacy Statement. This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services.
We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or other information available on the Services are for informational purposes only and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.
You understand and acknowledge that the information provided through the Services is subject to change. You should check back frequently for updated information as to the properties and/or mortgage notes available, auction or other marketing events, times and locations, relevant terms, and other matters which may be made available by us or our clients.
Some of the available content, services, and information may include materials that belong to or that are submitted by third parties. You acknowledge that we assume no responsibility for such content, services, or information. You acknowledge that such third-party content, services and information may have additional terms of use that must be agreed to either prior to or upon accessing and that by accessing such content, services and information you agree to all such additional terms of use. The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Services; or (c) make any endorsement of any other websites, services, or goods that may be linked to or from the Services.
Any use of available third-party content, services, and information shall be your own risk and be used for internal valuation or management purposes usual and customary within the scope of your licensed or regular business activity. In no event shall the Company or any third-party provider of such content, services and/or information be liable to you or any third party for any losses, costs or damages arising from or relating to the misuse of, or any errors, omissions, or miscalculations of value contained in, the third-party content, services and information provided. Any of the Services such as valuation reports, AVMs, pricing, or property information shall not constitute an appraisal or broker price opinion of a subject property and shall be based on public records, market sources or other statistical calculations and is provided on an “as-is, as available” basis with all faults and defects. You are accessing any valuation reports, pricing or property information for your own individual property valuation or management. You shall not use any of the Services for reproduction, sale, distribution, publication, advertising or marketing, or any other commercial exploitation. You understand and acknowledge that you are capable of evaluating the merits and risks of purchasing a property using the Services and are able to bear any such risks. You also acknowledge that you have consulted with, had the opportunity to consult with, or waive the right to consult with, legal and tax professionals relating to the legal and tax consequences of any documents used in connection with the Services.
As a condition of use of Foreclosure Listing Service’s website, the Subscriber agrees to indemnify Foreclosures Listing Service and its suppliers, distributors, or affiliates from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Subscriber's use of Foreclosure Listing Service's website, including without limitation, any claims alleging facts, that if true, would constitute a breach by Subscriber of this Agreement by the Subscriber.
"Persons or entities listed as alleged current or original mortgagors, alleged property addresses, legal descriptions and mortgage information are based upon information furnished by taxing authorities, public records and private vendors based on public records. The information contained herein was obtained from sources believed to be reliable; however, Foreclosure Listing Service makes no guarantees, warranties, or representations as to the accuracy thereof. The information within this publication is for the sole and exclusive use of the registered subscriber.
A name or a property appearing on this list is not intended to reflect upon that person's or entity's credit worthiness. If the person or property is properly listed, there are valid reasons for foreclosure other than nonpayment of a note. The persons or entities listed as mortgagors may not have personal liability or responsibility for payment of a note. You should obtain a policy of title insurance before purchasing any property listed herein. You should consult your attorney before contacting any person or entity or contracting for any property listed herein."
Assessed values, year of construction and square footage of the building are taken from public records which are deemed reliable but are not absolutely accurate. Assessed or tax values found on the Tax Roll of a given jurisdiction are not necessarily the actual values, but only the means of assessing taxes.The values shown within this publication can be up to two years old. Square footage of a house generally is the living area, but from county to county could vary.
Do not buy any property listed within this publication based solely on the contents of the same. Always match the street address shown in this publication with the actual legal description as shown in the deed of trust. Always consult an attorney as well as conduct a thorough investigation as to values, size of property, age of property and encumbrances to the property.
Licensee may create printouts of data for internal use only. Licensee may not copy, download, store, publish, transmit, transfer, sell or otherwise use Foreclosure Listing Service (or FLS) data, or any portion of such data, in any form or by any means except (a) as expressly permitted by this agreement, (b) with FLS prior written permission, or (c) if not expressly prohibited by this agreement as allowed under the fair use provision of the Copyright Act (17 USC Sec. 107). Downloaded data may not be stored or used in an archival database or other searchable database except as expressly permitted by this agreement. Licensee shall not sell, license or distribute data in any form to third parties or use data as a component or as a basis for any material offered for sale, license or distribution. Use of data to create mailing or marketing lists for commercial purpose or for distribution to third parties is strictly prohibited. Licensee must keep strictly confidential the pass identification number issued to them by FLS. Licensee's pass identification number must remain within their sole possession and control at all times and may not be communicated in any manner or form to any party not authorized by FLS to have access to and use such pass identification number. I agree not to disclose my Membership Login information to others and understand that my account may be suspended and the remaining value of my subscription will be forfeited if FLS detects usage beyond the number of license(s) purchased. Except for the license granted by this agreement, all rights, titles and interests in FLS data, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of Foreclosure Listing Service.
All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials and the Websites, tools, and applications, are copyrighted by us or our licensors and content suppliers, and are protected by U.S. and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of any content of the Services without our express prior written permission is strictly prohibited. You shall not acquire any proprietary rights, including intellectual property rights, in or to the Services. You acknowledge that the Services are valuable commercial products, the development of which has involved the expenditure of substantial time and money.
You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.
You may not frame the Websites. You may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights.
The Services and Data are owned exclusively by us. However, we grant paid subscribers and trial members a limited, non-exclusive, non-transferable license to access and use the Services only as expressly permitted in the Terms of Use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms of Use. Any violation by you of these license provisions may result in the immediate termination of your right to use the Services. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
Subscriber shall be responsible for all access to and use of FLS data by subscriber personnel or by means of subscriber equipment or the FLS pass identification number (for subscribers), whether or not Licensee has knowledge of. or authorizes such access and use.
FLS reserves the right to modify the terms and conditions of this Agreement from time to time including, but not limited to, the right to impose access and usage limitations. Such modifications shall be effective immediately upon written notice to Account Subscriber.
This Agreement embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral or written, relating thereto. FLS, may amend the terms and conditions of this Agreement at any time without the prior consent of licensee. Any other amendment hereto must be in writing and signed by both parties.
All notices hereunder shall be given in writing to Fubakaze, LLC PO Box 1007 Addison, Tx 75001.Attn LEGAL DEPARTMENT
This Agreement shall be governed by and construed under the laws of the State of Texas.
Important, Please read: All subscriptions/purchases renew automatically every month. You may cancel your month to month subscription by providing 30 days notice. If you have chosen a 6 or 12 month contract, you may cancel your plan by providing notice at least 30 days prior to the expiration date of your contract. You may cancel your subscription prior to any renewal term by going to “My Account” and Selecting “Cancel Membership” on the product that you would like to cancel.
Month to Month Subscriptions: Each issue, (monthly charge), defined as access to our data until the first Tuesday of the following month, is nonrefundable. Your membership will automatically renew. The User agrees and authorizes Foreclosure Listing Service to process a charge to the User’s credit card or checking account provided by User during User’s registration or User information update process to prepay User’s membership.
When you create an account with Foreclosure Listing Service online we may collect a variety of information, including your name, mailing address, phone number, email address and credit card information.
The personal information we collect allows us to keep you posted on Foreclosure Listing Service product announcements, software updates, upcoming events, advertisements and when your subscription will expire. We may contact you from time to time via email or by phone for such announcements.
If you have any questions regarding the rules and regulations, please feel free to call our office during business hours.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website.
How do we protect your information?
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via SecureSocket Layer (SSL) technology.We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
We do not use cookies for tracking purposes. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.If you turn cookies off, some of the features that may make your site experience more efficient may not function properly.
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet.Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.
We have implemented the following:
• Demographics and Interests Reporting
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-actcaloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
• On our Privacy Policy Page
Can change your personal information:
• By logging in to your account
Does our site allow third-party behavioral tracking?
It's also important to note that we do not allow third-party behavioral tracking
COPPA(Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act(COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under the age of 13 years old
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 1 business day
We will notify the users via in-site notification
• Within 1 business day
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. The principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
For Questions or Concerns, Please Contact: (972)-250-0993
