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1. Understanding the foreclosure process.
2. The methods of buying foreclosures before the auction (pre-foreclosure).
3. The methods of buying foreclosures at the auction (auctual-foreclosure).
4. The methods of buying foreclosures after the auction (post-foreclosure).
Every state and county in U.S. has its own means for taking foreclosure action. However, the concept is the same everywhere. In a foreclosure, a bank might, thru legal means, reclaim title to a property if a borrower has failed to make an agreed upon number of mortgage within a predetermined time frame.
For instance, let's assume a mortgage agreement stipulates that a mortgage will be considered in default once the borrower is 30 days late with the monthly mortgage payment. The mortgage balance at the time was $100,000 and the borrower's monthly mortgage payment was set at $1,000.
- After not making the first monthly payment, the borrower owes the regular $1000 monthly payment plus late charges. After several months of not making payments, the mortgage's due date becomes accelerated, meaning, it is due now.
- The lender is now legally entitled to require the
borrower to pay off the entire principal balance
otherwise lose the property at auction thru the
foreclosure process. The auction is one of the three
ways to acquire foreclosures. The pre-foreclosure,
actual-foreclosure (Auction), and the post- foreclosure
methods will now be discussed in detail.
- Lets first discuss the Pre-Foreclosure method. This
method involves contacting delinquent owners directly.
This can allow you to obtain the property before the
auction occurs. The delinquent owner knows time is
running out and he or she will consider all offers.
- A technique that investors use to acquire properties
this way is called the deed transfer method. What
happens with this method is the deed is transferred from
the seller to the buyer for nominal financial
consideration.
- The mortgage remains under the sellers name. Please note
that the mortgage remains the sellers responsibility to
continue paying even after the deed or ownership
transfers. It is advisable to select only one attorney
that you, the investor, have control of. The attorney
should have Real Estate expertise as a specialization.
- Using this method, ownership can take place within only
several days. What's very important ,which is key
,is ordering a complete title search. Your attorney
should do this.
- A title search provides information to the attorney
about the owner, the mortgage holder, and other
creditors who have an interest in the property. This
might include a second mortgage holder, third mortgage
holder, other lien holders, such as water and sewer
liens, environmental control board liens, and federal
and state tax liens, and property tax liens There are
several ways you can find people who are delinquent with
their mortgage payments and who are facing foreclosure
using the pre-foreclosure approach.
- One way is using the Lis Pendens lists. These lists
allow you to find delinquent borrowers by informing you,
the public, of pending action that a foreclosing
lender's lawyer files with the court as part of the
foreclosure process. You can review these lists at the
county clerk' office in the county where the property is
located.
- It is advisable to focus in an area you're familiar
with. Since this method is time consuming, another
option is buying the lis pendens lists from companies
that sell them. You can visit you local library and
look under the reference section under Real Estate to
find companies that sell these lists. There are several
ways of communicating with the delinquent borrower
after obtaining the lis pendens list.
- First, you can mail a letter to the seller explaining
your services . This letter should include how you can
buy the house at a price mutually agreed upon. You have
to show the seller you can close fast. In order to
accomplish this, you should speak with mortgage cos.
that have hard money sources. These sources allow you to
close within a couple of weeks.
- Understanding the seller's problem will help you with
your strategies. Your letter should indicate you may be
able to stop the foreclosure. Further, also point out
that you can still save their credit rating. Keep in
mind that there are many credit-repair companies that
can accomplish this. They can be located in your local
yellow pages.
- The owner should understand that he will receive
sufficient money to pay his bills or to use for
relocating. The offer that is made on the property
should be no higher 70% of the market value. You should
calculate in advance whether or not you can make money
after selling it to determine if the deal is worth the
time and money to invest.
- If the mortgage and the other liens on the property
exceed the market value then another approach must be
implemented. A " short sat " is a term which is defined
as a discounted mortgage satisfaction. In other words,
if you owe $100,000 to the bank in total (all liens),
and the property is worth $90,000(Market Value), you
would offer $60,000 to the bank to buy the mortgage or
the property (deed). The bank might come back with a
counter offer still below the market value of the
property.
- Understand the homeowner is probably overwhelmed with
letters, phone calls, or visitors to the property on a
daily basis. Therefore, your presentation or pitch must
be effective. Your dress code should be appealing. You
should have business cards. You have to be in a positive
state of mind, especially with optimism, since you might
be their last hope.
- You should be at least 10% different from the
competition. For instance, offer advances to the
borrower after they go in to contract with you. They can
use the money for some immediate day-to-day expenses
they incur. Second, offer to pay all of their closing
costs. Third, have an attorney present at the initial
meeting. His legal expertise will calm many of the fears
the delinquent borrower might have.
- Overcoming the delinquent borrower's objections will
increase your income dramatically. There are several
ways these homeowners will utilize to avoid you.
- The most common way is the owner trying to sell the
house for much more that what you are offering. Quite
often, with inadequate experience of most home owners,
they risk losing everything if they can't sell it in
time to keep it from going to auction. Some banks will
delay the auction if there is a contract with a
qualified buyer. Stress the point that you can close
quickly and are willing to sign a contract as soon as
possible. You should leave your attorney's information
with the seller.
- Some owner's will try to obtain financing to avoid
foreclosure. Because of the bad credit the delinquency
creates, they would have to resort to non-conforming
mortgage products. These type of mortgages have
guidelines that are very lenient. In other words, bad
credit is acceptable. Also, insufficient income will be
considered. Some of these products allow the property to
have to have no equity. Keep in mind you can close
within several weeks. The down side of these types of
mortgages is the rates can be as high as 16% and the
number of points can range from as low as 2 to as high
as 10.
- Another way an owner tries saving their home from
foreclosure is by filing for bankruptcy. If the owner
chooses to file for bankruptcy in order to save their
home, they are not excused from paying their monthly
mortgage payments to their bank. Furthermore, some types
of bankruptcy require a reorganization plan for debt
consolidation and may be denied by courts because the
owner doesn't have enough consistent income to repay
their debts. Therefore, give a card to the owner and
call him weekly. If the bankruptcy doesn't materialize,
they may decide to sell the property to you.
- Playing detective is essential in finding out who the
owner is . The owner might have an unlisted phone number.
The property might be an investment property, meaning
the owner might not live there. Visit the property to
see if there are tenants living there. Explain to them
you need to speak to the owner concerning the property.
Since a majority of tenants are secretive, you have to
create value for the tenants to cooperate. Tell them you
are in the business of repairing defects in properties
and ask the tenant if there are any problems in the
house. Further, you need to obtain the phone number of
the owner to fix these problems . By showing the tenant
you are on their side, they will most likely cooperate
with you.
- If the property is vacant, then other approaches are
necessary. Visit the nearby post office see if the owner
has a new mailing address. TRW REDI DATA is a Real
Estate service that you can buy on a computer disc that
provides complete information on properties ,including
phone numbers, mailing addresses, and other pertinent
information on the property. Speaking with the neighbors
can provide clues as to the whereabouts of the owner.
- There are basics to buying foreclosures at auction,
which is the second way of finding foreclosures. We will
go over a day at the auction and how to be best prepared.
- First, you have an opening bid amount. This is also
referred to as the upset price. This is the amount that
begins the auction bidding. This opening bid includes
the mortgage balance, interest and back taxes, legal
fees, court fees, and the various liens and judgments
levied against the property before the default, and also
while the delinquent borrower owned the property
afterwards. Whatever debts exist are usually satisfied
at the closing from the money paid by the highest
winning bidder.
- When the auction starts, the referee will explain the
bidding procedure that must be adhered to, and the
referee will identify which properties will be up for
bid. The referee will give a legal description of the
property and any existing relevant tax map designations.
- There are different methods utilized for bidding on
properties at auction. Several auctions are done by
verbal bidding, where the bidder calls out the amount
desired as his or her offer on the property to be bought.
Another method that is used for bidding at auctions
involves using sealed written offers. This is where the
offers are given to a designated authority that opens
them and announces the highest bidder's name and bid
amount. At other auctions, there are certain procedures
that require you to register before bidding and provide
proof that you have the resources necessary for your
down payment.
- If you are the highest bidder, then you are awarded the
contract for the premises at the bank auction . You must
then come up with the required down payment immediately.
It is usually 10 percent of the bid amount and it must
be in the form of a money order, bank check, or
certified funds, as required by the referee. The referee
will then issue the certificate of sale, which is the
contract of sale that is executed and delivered to you
as the successful high bidder.
- As the winning bidder, you will be expected to
consummate the deal by coming up
with the balance of 90% within 30 days of contract
signing. Under certain conditions, you may be granted an
extension which basically means you are given extra time
to close. Auction authorities can be rather strict in
their condition that winning bidders close within 30
days of contract, since it is a common practice for
winning bidders to try stalling the closing date so that
they can use that extra time to find the necessary
financing. Keep in mind, however, you can risk losing
the 10% that you put down if you fail to obtain
financing It is unlike a normal transaction, where an
attorney can include a mortgage stipulation in the
contract, which allows you to get your down payment back
with a mortgage denial letter.
- Remember, as an auction buyer, you should carefully
research the property prior to the sale date. You should
make sure the property can be bought at wholesale by
calculating values and potential profits.
- When inspecting an auction property, you should have a
competent contractor present. Make sure the contractor
has his proposal of what will be done in the form of a
contract which should be reviewed by your attorney. Keep
in mind a contractor is profit conscious and can easily
change the terms. This is done by doing less work than
initially agreed upon for the same price or paying more
money than initially agreed upon.
- When calculating values of properties there are several
things you should do. First, talk to your local realtor
to see what houses have sold for in the neighborhood
you're interested in . The real estate broker should be
a well known franchise that's been around for many years.
Another way to value property is thru sales recorded at
the county clerks office for the area of interest to you.
Thru practice, the values will come to you like clock
work.
- Some of the disadvantages of auctions include auctions
being postponed. Inspections can sometimes be impossible
to do. To be on the safe side, a title search should
performed prior to the auction date to insure that there
are no liens against the property or owner . However,
the problem with ordering a title is it can be expensive
and is non-refundable if you do not purchase the
property.
- The third and final way to acquire foreclosures is thru
buying post-foreclosures or REOs ("real estate owned").
This is perhaps the easiest way to buy foreclosures. An
REO is created when a lender takes back a property that
couldn't be sold at auction for an acceptable price to
the bank. The bank takes back the property to gain
possession and minimize their losses. Banks don't like
acting as landlords since they are not in the real
estate business and would rather prefer discarding the
property as quickly as possible. Bank-owned property is
a burden to a lending institution. Many banks do not
have the management capabilities to hold onto these
properties for long periods of time. The lender has to
bear the expenses of carrying the property and other
taxes along with the costs of repairs and the threat of
vandalism .Keep in mind these lenders are truly
motivated sellers which creates prime opportunities at
wholesale prices to buyers.
- The bank is usually the primary lien holder, thereby
wiping out all other liens at the auction. In other
words, the REO will always have clear title, meaning
free of all liens, encumbrances, or any other form of
judgments. The property taxes are usually paid up to
date. The bank usually repairs the house or offers it at
a discount to when is sold "as is". Most banks offer
financing on their properties at competitive rates.
There are certain guidelines to follow to have your
offer accepted by the bank and approved for their
financing.
- One of the major differences between buying a
foreclosure at a bank auction as oppose to buying an REO
is most REO's have clear title at closing. The bank will
usually satisfy the outstanding liens and judgments
attached to the property when they take the property
into their inventory.
- On the other hand, if you buy a property at an auction,
the property might or might not have other liens and
judgments attached to it, making you , the buyer,
responsible to satisfy them.
- Another difference concerns the purchase price of the
real estate. A bank will base the asking price of an REO
on the current market value or close to it. On the other
hand, a property offered at a bank auction is usually
set at a reduced price since it is based on the mortgage
balance as well as back taxes, court costs, and legal
fees.
- Another difference between the two is that most lending
institutions will have the premises delivered vacant
when it is an REO. This would eliminate the cost of
eviction proceedings that you would have to pay for if
the property was bought at an auction. When you buy at
an auction, the buyer is responsible for evicting the
existing tenants after you become the new owner.
- Last, many banks offer financing for buyers of REO's.
The terms of the financing are usually very favorable in
order to expedite the sale to a qualified buyer. On the
other hand, when you acquire a property at an auction ,
the property has to be bought "all cash", meaning you
have put up the money yourself or find a source of
financing elsewhere that can close in 30 days. Remember,
there is no more mortgage contingency allowed in the
contract, meaning that if you cannot obtain financing
from your selected bank ,you will risk losing the down
payment, which is commonly 10%.
- Finally, remember, if you generate around 4 deals a
month with a net profit margin of $20,000 per deal,
that's around one million dollars a year in income for
you.
Good Luck!