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How to Buy Foreclosure Real Estate |
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How
to Buy Foreclosure Real Estate
| Buying
a Foreclosure Home: |
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| Are
you facing a Foreclosure? |
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What is a Foreclosure Property?
A
foreclosure property is a home in foreclosure—when a notice of default has
been filed in the public records.
Lenders
can foreclose for other reasons, but the most common is when payments are in arrears.
This means the owner has stopped making mortgage payments and the lender has given
notice that unless the payments are brought up to date, it will sell the property
to the highest bidder. Usually, the borrower will be at least two payments behind
before the notice is given.
Not
all homes that fall into foreclosure go to public sale because owners have the
right to make up the back payments owed.
If
the homeowner does not make the loan current, over a certain period of time which
varies from state to state, the lender will take possession of the property. The
final step the lender takes after the certain period has passed is to auction
the property at a public sale.
Real
estate investors and home buyers see profit in buying foreclosures because they
can often buy the property for the amount owed, picking up the home owner's equity
for free.
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Why
Do Sellers Go Into Foreclosure?
Sellers
stop making payments for many reasons. Very few choose to go into foreclosure
voluntarily. It's often an unpredictable result from one of the following:
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Loss
of employment due to being laid-off, fired or quit
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Inability
to continue working due to medical conditions
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Excessive
debt and overwhelming bill obligations
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Divorce
or other conflicts with the co-owner
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Job
transfer to another state
- Death in
the family
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Negotiating
Directly with the Homeowner in Foreclosure
Investors
who specialize in buying foreclosures often prefer to purchase these homes before
the foreclosure proceedings are final. You can obtain records at your local courthouse
of owners that have been served with a foreclosure notice from their bank.
Finalization
of foreclosure proceedings vary from state to state. In states where mortgages
are used, homeowners can end up staying in the property for almost a year; whereas
in states where trust deeds are used, trustee sales give a seller about four months
before vacating.
Almost
every state provides for some period of redemption. This means the seller has
an irrevocable right during a certain length of time to correct the default, including
paying all foreclosure costs, back interest and missed principal payments, to
regain control of the property.
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The Downside to Buying Foreclosures
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Lack of Prior Inspection
Price-conscious home buyers are lured by the low price for properties in foreclosure.
They hope to show up at the auction and come out with a great property for a fraction
of the cost. However, many of these homes are not available for inspection prior
to purchase. Is it smart to buy a home that you cannot inspect? Could be if the
price was low enough to compensate you for the amount of work that might be required
to bring the condition of the home to market standards. Because these homes are
purchased "as is" from the lender or HUD, there is no guarantee of condition.
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The Condition of Foreclosed Homes
When
sellers realize they are about to lose their homes through foreclosure, it's not
uncommon for them to stop caring about the home.
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If
something breaks or malfunctions, they aren't going to fix it.
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If
they are angry or desperate enough, it's possible they might actually destroy
the house. To flood the house, they may turn on all the water faucets, plug the
drains and leave. They may put holes in the walls and pull out all the fixtures.
- They may remove
all the permanent appliances and kitchen cabinets.
- Floors may be
destroyed from animal feces, etc...
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Use
extreme caution when buying Occupied Foreclosed Homes
If the property
is occupied, the successful bidder is typically the person responsible for removing
the occupants, who may or may not be the previous owners. The occupants could
be relatives or friends of the owners, renters or squatters. A solution might
be to pay or offer incentives to the occupants to leave. For example, you can
offer $1000.00 if they move out in a week, $750.00 for 2 weeks, $500.00 for 3
weeks, etc... If they do not go away nicely, you will have to evict them. In some
states, a person can be legally evicted in 21 days, in other states, such as Minnesota
or California, it could take more than three months. There is also extra time
allowed for appeals and then waiting for a court date. You may not be able to
take possession of the home you paid cash for at an auction as much as 6 months
or longer.
If you are unfamiliar
with the process of evictions, you should hire a lawyer to take care of this for
you.
Be aware that tenants
who are sued for eviction sometimes retaliate by stealing fixtures or destroying
the home in some manner.
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Benefits
to buying Foreclosures
The obvious reason
to buy a foreclosure is that you can get the home for cheap. Sometimes as low
as 30% to 40% below market value, but many foreclosures sell for only 5-10% below
market.
But the savings
may be twofold if the property is purchased from the lender who holds the mortgage
that's in default. The lender may be willing to waive some closing costs, and
maybe even offer a break on the interest rate or the down payment. This could
potentially save you thousands!
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Beginner
Foreclosure Buyer - Keep it Safe!
Bank-owned properties
offer the safest deal for inexperienced foreclosure buyers. There's no risk, no
taxes, no liens, no tenants to evict.
A lender who's
eager to sell might be willing to offer attractive terms just to unload the home.
The lender might
offer to finance the property at a below-market rate or with a lower-than-usual
down payment. Because the bank already has done an appraisal, the buyer might
not have to pay an appraisal fee. And lender deals typically include title insurance,
which removes much of the risk that accompanies buying homes earlier in the foreclosure
process.
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Brand
New Homes in Foreclosure
Not all foreclosures
are previously owned homes. Some foreclosed homes are new. These homes are not
as easy to identify and rarely appear on national lists. In some areas, the slow
economy has left many builders of new midscale and upscale homes at the end of
their construction-loan periods without finding buyers for their homes.
In these cases,
the banks that issued the construction loans take possession of the homes and
attempt to sell them.
These, too, are
foreclosures. They are "hidden" foreclosures because no one associated
with the sale of these properties will refer to them as foreclosed homes.
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Buying
Pre-Foreclosure
Experienced
investors purchase properties just before heading into foreclosure. The investor
finds a homeowner about to go into default who doesn't want to lose all of the
equity in the property, so accepts a portion of the difference between the equity
and the home's market value.
Pre-foreclosure
buys offer bargains but demand persistence. It is because creditors are often
hounding the owners at this stage and the owner is trying to sort the good guys
from the bad guys. Trying to get through to the homeowner is almost impossible.
If
the homeowner is contacted, the buyer could be in for a surprise. Homeowners in
default might not have phones or electricity, and they might have a variety of
personal and legal problems. What's more, they probably need somewhere to live
before they can move out of the property the buyer wants.
This
is a high-risk, high-reward proposition, and is not for the first-time foreclosure
Investor. |
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