Death, Taxes, and Foreclosures
Posted by Peter Smyth
Death and taxes are inevietable and mostly predictable foreclosure are not. The foreclosure business can be a rollercoaster ride. Exciting, profitable and sometimes down right scary.
Do not forget that you are dealing with someones home, their haven of love,family & memories. They will not give it up easily. If they do and find you cheated or even if you didnt they will 'bite you with razor sharp teeth' and 'empty your wallet so fast' you will think your in 'hell'.
Most states in the USA have laws that protect persons in foreclosure, known as 'predator laws'. So you cannot just go in and steal their foreclosed homes. If you do the law may reverse the Grant deed giving the previous owner title and claim damages against you. On the other hand you can make handsome profits if you follow the law, be fair with the owner, have all the right documents signed and make sure they VACATE. This is very important because if you offer lease back/ buy back programs you will fail. The previous owner may never vacate. You think,' oh well I'll evict them', no-way, they will come up with all sorts of accuastions ,fraud, elderly abuse, false promises and problems you have never heard of. When the courts finally hear the matter (about 6-12 months), the judge/jury will favor the tenant/previous owner. Even though you have all the right documents signed,(eg, Home equity Purchase Agreements, Grant Deeds, Leases) and you followed the letter of the law, you will most likely spend all your profits & more protecting yourself from civil and possibly crimminal prosecution.
So how do you find the best foreclosures. Its not easy as the business is very competitive, especially in this current crazy real estate boom.
Firstly you must be methodical as well as diverse. Deals are all over the place. It is recommended you specialize in an area that you are familar with. Secondly how do you find inventory?. There are many companies that offer foreclosure lists. You will find them on the web or through a title company. Be careful to locate fresh leads. In other words you need fresh daily leads on Defaulted and Trustee sale properties. If you purchase information that is outdated you may not succeed as the property may sell, be re-instated or refinanced prior to your endeavors to contact the current owner. Thirdly, defaults, these are loan defaulted properties. The owners of the properties have not paid in 3 months and have been notified that their property could be sold at public auction if they do not re-instate their loan. You are endeavoring to purchase the property prior to Trustee sale. Once you have located a property, made contact with the owner you now need to contact your escrow and/or title company for comparable sales and vesting information. It is important that not only you know what the property is worth BUT more importantly you are going to speak with the OWNER.Vesting will tell you this vital info. After you have satisfied yourself that a possible purchase exists you may request a prelimanry title report that will give you all the information on outstanding loans , liens ,judgements and court actions against the property
Fourthly. How to make contact with the owner. This can be done via mailers, phone calls and the most important,DOOR KNOCK.
Meeting the owner is the beginning of the 'close'. This is where they will begin to trust you. NO TRUST NO DEAL. Your offer must be a combination of price, accommodation,(helping to move them on), empathy, immediate assistance to support their dire needs. You will see the true picture by the DOOR KNOCK'. Fifth. The DEAL. So you have come this far WOW, You have made entry into the house, inspected and the seller likes you and wants to do business, the deal is fair, the docs are ready to sign. You have previously contacted your escrow/title company and/or attorney and they have guaranteed that you have all the right docs ready to be notarized. RIGHT! CONGRATULATIONS your in the real estate foreclosure business. A final tip, make sure the seller /client MOVES OUT,
the old saying 'POSSESSION IS 9/10ths of the law' still holds. Have the escorw company hold funds until the property is vacant. When the movers truck is full, house empty, seller off the property and you have the keys. Release the funds. NOW YOU REALLY OWN THE HOUSE.
Sixth.Trustee Sale properties. If the owner has not re-instated the property prior to the trustee sale date (5 days prior to sale in California) then the property will sell at the nominated court house steps on the date and time posted by the trustee. If you are successful in being the highest bidder you will receive a Grant Deed to the property. This is a popular hassle free way to buy foreclosures as you do not have to deal with the owners and possible associated problems. But of course if ITS EASIER THEN EVERYONE WILL BE AT THE TRUSTEE SALE. Good luck For further Info and advise go to; http://www.homeowneresaa.org.614 Peter M Smyth ,a licensed Californian Real Estate and Mortgage Broker. Peter has been involved in the real estate, mortgage lending and distressed property sale business for over 20 years.
He has successfully purchased & sold propeties on four continents. Australia, Asia, Europe and North America
email bigboythai@hotmail.com for advise and business opportunity.
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