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Foreclosure Investing - How to Buy Homes In Foreclosure

By
Services for Real Estate Pros with Angle Consulting

Thinking about buying a foreclosure and getting yourself a property at 50% of market value. You had better think again. What you need to realize as foreclosure investors really make their money not only through price but how they purchase the foreclosure property. Remember you make money in foreclosure investing when you buy property and realize those profits when you sell it.

There are numerous ways to buy property from people in foreclosure. The first one we will deal with is one of my favorite methods. This is purchasing a property "Subject to" the underlying mortgage. By utilizing this method you are able to minimize the amount of money that you have to come up with and also minimize your personal liability.

Just the fact that your potential customer is in foreclosure means that they have an outstanding balance on their mortgage. This must be taken care of in order to reinstate the mortgage and stop the foreclosure process. There are several ways to do this. The most desireable in order of preference are a) A loan modification, b) a forbearance agreement and c) payment of arrears to bring mortgage current.

The first two methods can be delt with together as the requirements are the same for both. A loan modification is the most desirable because you will have to come up with very little cash up front. The lender will take the arrears and put them on the back end of the mortgage, re- amortized it and file a loan modification agreement. This will actually stop the foreclosure proceedings  A forbearance agreement will require that you pay the bank a specific sum of money up front and they then divide the arrears over a period of time, six to twelve months, and add this to the mortgage payment. This does not discharge the foreclosure but puts it in limbo until the forbearance ageement is completed.

Both of these methods require complete cooperation from your seller as the bank has extensive paperwork requirements in order to approve either of these plans. The extra work is worthwhile if you are short of cash or think you will be holding the property long term.

The last method is bringing the loan current.  It is more expensive than the previous two but it is quick and easy. It is a method that allows you to stop the foreclosure at any point in time up to several days before the sale. If you are going to flip out the property this method may be the best for you provided you have enough capital to pay the arrears in a lump sum. In essence all you do is deliver a cashiers check to the attorney that is handling the foreclosure proceedings for the lender.  This check is in the amount of the arrears plus any and all other costs associated with the forecosure.  One this is paid the foreclosure is discharged and the loan is restored.

One caveat is that before you pursue any of these methods, be sure you have complete control of the property, including have had the property deeded to you, your company or a trust controlled by you. Never, I repeat, never spend your own time or money on a property that you do not control.

Next we will discuss more about buying foreclosures "subject to" and how to structure the deal so it is a win, win for everyone involved.

Yours in success,

Dick Weiss

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Brian Sharkey
SharkeyRE LLC - Singer Island, FL
SharkeyRE
great stuff richard, welcome to the rain.
Dec 10, 2007 11:25 PM
Rosario Lewis
DDR Realty - Newburgh, NY
GRI, SRES - DDR Realty - Orange County, NY
Thanks for the info. It is always important to point out that buying a foreclosure is NOT like buying  other property.
Dec 10, 2007 11:33 PM
Gary McAdams
GMAC Schwartz Property Sales - Key West, FL
Foreclosures can be a good deal but DO YOUR HOMEWORK!!  There are a lot of hidden costs that come out during the deal.  I always advise my buyers to assume there will be an additional 10% that they were not expecting
Dec 10, 2007 11:37 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!
Thanks for the post, Dick!  I'm looking forward to your newsletter!  We don't have as many foreclosures in Charlotte as alot of cities but, I still have investors looking for these 'hot' properties.  I do agree with Gary to some extent though, the banks aren't going to let these homes go for 50% if the mortgage was at 100+ percent of the value! 
Dec 10, 2007 11:40 PM
Jim Ventura
Pacific Southland - Costa Mesa, CA
Looking forward to the next article, and I hope you will discuss the 'subject to' sellers concerns over his 'due on sale' clause in his note, and also if there are any cases of these deals being unwound by the court systems if the buyer is a broker, "taking advantage of the poor seller" or if the market turns around and the seller / note holder has 'sellers remorse' - always worry about that stuff, or I'd have already bought property this way here in California. 
Apr 23, 2008 03:10 AM