If you or someone you know are thinking about foreclosure or are behind in the monthly mortgage payments, then we encourage you and anyone else to read about our Alternatives.
Did you know:
* EVERY foreclosure listed for sale IS IN THE
MLS!
* MOST Pre-Foreclosures are listed for sale in the MLS!
* Pre-Foreclosures can be your VERY best investments!
* Pre-Foreclosures CAN be bought WITHOUT your getting a mortgage!!!!!
(incredible...but TRUE)
* Virtually EVERY foreclosure is listed AT THE FULL APPRAISED PRICE!
But...because they are all sold AS-IS and they ARE
Foreclosures....they tend to sell for below market value and DO represent very
good bargains.
* ALL foreclosures are sold with a Special Warranty
Deed instead of the usual General Warranty Deed....this means that you CAN NEVER
go back to the seller (mortgage company) in case of ANY title problem! You
really have nothing to worry about because the seller buys title insurance just
like all other regular sales!
* Many foreclosures are cleaned, painted and carpeted to bring the mortgage
companies the highest prices! (except for HUD's)
* BEFORE the actual foreclosure, (pre-foreclosures) most all mortgage companies
WILL take an amount WAY BELOW THE AMOUNT OWED!!!!
* HUD is just a regular foreclosure that had an FHA mortgage!
* HUD foreclosures are a little bit different than other foreclosures.....they
accept bids for the first week....then, if they do not like the bids....they
keep it listed like an other foreclosure/MLS listing: looking at each offer as
they come in.
* HUD has historically NOT accepted ANY offer less than 93% of asking price!
* The foreclosure process REQUIRES the property to be auctioned of at the court
house steps (first Tuesday of every month).....the beginning bid is equal to the
mortgage balance!
* You MUST have CASH to buy at the courthouse steps....AND it is VERY risky!!
Most buyers wait until the Lender takes the house back (at the courthouse steps)
and then they are ALL listed in the MLS.
* You MUST be pre-approved for a home mortgage IN WRITING before ANY offer can
be submitted on a Foreclosure!
All
of us want a bargain.
There are no better bargains in real estate today than the
purchase of distressed properties at substantially less than fair market value.
The process is not complex, but success in this field requires a large amount of
time to research and a more modest amount of money.
Five
Ways to Acquire
In general, there are five basic ways to acquire foreclosures at
discounted prices. All but one of them permit the buyer to pay for qualified
assistance from other sources such as a real estate agent, title and / or escrow company.
Unfortunately, the most popular technique (buying properties at the trustee's
sales) allows no such luxury. The purchasing process at the trustee's sale
requires each buyer to make his own thorough investigation of both title and
debt on the chosen property within a limited time frame.
Delinquent
Seller
The first and simplest way to buy properties under the fair
market value arises when the delinquent (not defaulted) owner is uncovered. The
delinquent owner will not have made recent payments of principal, interest,
taxes or insurance and / or may have reduced the value of the property through
benign negligence or lack of funds. When the delinquent owner realizes that he
will be unable to meet the commitments on promissory notes and trust deeds for
an extended period, he may choose to sell his property even at a discounted
price rather than proceed through the foreclosure process. But because of his
pride or self-esteem he may choose to wait it out hoping for a miracle
and not realize that time is not on his side, then it becomes too late to shun
the unavoidable NTS auction.
The wise buyer will point out to the delinquent (and later defaulted) owner how he will be harmed by proceeding through the brief foreclosure process to the trustee's sale. At that point, the owner will lose his property, lose his equity, reduce his credit standing as a result of the recorded foreclosure and may have taxable income due the IRS for the amount of the debt reduction (elimination of the trust deed debt) resulting from the trustee's sale. Selling to an interested buyer at a discounted price may well be the most convenient solution for the troubled, delinquent owner.
Defaulted
Seller
The property owner becomes a defaulted owner when the trustee for
the beneficiary records a Notice of Default. During the following three month
plus three week periods, a Notice of Trustee's Sale also will be recorded and
published in a local adjudicated newspaper once a week for three weeks just
prior to the trustee's sale. Live-in buyers of the property of the defaulted
owner may negotiate any reasonable purchase price and terms for the property
with the defaulted owner. Investors who seek to purchase the primary residence
of a defaulted owner of one to four units and who are not related to that owner
must work with the equity seller under the restrictions of two California Civil
Codes which can make such purchases more difficult. These restrictions require
the use of a special contract with a Notice of Cancellation, permit the equity
seller to pursue the equity purchaser for unconscionable advantage for two years
after the sale, and eliminate the use of outside assistance in the pursuit of a
foreclosure property. Investors who unwittingly or intentionally become
foreclosure consultants to equity sellers may also place themselves in jeopardy
under certain conditions.
Trustee's
Sale
Most purchasers of foreclosures prefer to acquire their
properties at the trustee's sale. At this time, it is possible to make property
purchases without being in contact with the defaulted owner or foreclosing
lender. Money talks. Anyone with money may make a purchase regardless of credit,
race, religion, etc. The verbal auction permits the highest bidder to acquire a
property by paying off only the remaining balance on the foreclosing loan
regardless of the fair market value of the property. Debt recorded after the
date of recording of the foreclosing loan is eliminated. Problems of
unanticipated repair ,eviction, payoff of superior loan(s), possible IRS
redemption and inadequate research can present formidable obstacles to the
inexperienced buyer.
REO
Lender
When a trustee's sale is held with no bidder present, the
property is said to be "sold" to the foreclosing lender. The REO
lender usually will sell the property rather than retain the property as part of
the lender's non-performing assets. Finding that lender who will well the
property newly acquired at the trustee's sale at a substantial discount is not
easy although it is possible through a careful selection of lender sources of
such properties. Individuals (not lending institutions) normally present better
opportunities to purchase at a discount.
Friendly
Junior Note
The fifth way to buy foreclosures is just a bit more complex but
is an attractive way to acquire properties with less competition than purchasing
at the trustee's sale. If the holder of the junior loan to the foreclosing loan
agrees to sell his promissory note and trust deed at a substantial discount, the
purchaser of the junior loan may cure the underlying senior loans and then
foreclose himself on the newly acquired junior loan. The sale of the property
through the junior loan can bring immediate return on the face value of the
junior loan of the acquisition of the property with attractive equity
Note:
The first step in purchasing a home, any home, is to get
pre-qualified. If you’re purchasing a foreclosure home, then you have to be
pre-approved with a letter from your lender. Next step is to avoid any
Foreclosure seminar, because they want to charge you ($2,500.00) for the class,
hands-on workshop and most don’t work. Watch
out for the “SUBJECT TO” application, it can come back on you and you will
get sued. There are a lot of scams out there waiting to take money from anyone.
Want more information?