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Is Foreclosure Investing for You? Online Catalog | Shopping Cart HOME | Foreclosure Investing | Short Sales | Articles | Financing | Commercial | Mobile Homes | Cash Flow | Legal | News Group CRE Online > Money-Making Ideas > Is Foreclosure Investing for You? Is Foreclosure Investing for You? by Ronald Starr If you are new to real estate investing and considering buying foreclosure properties, you need to be realistic about what you are facing. If you feel more sober about foreclosure investing after reading what I have written below, I will have accomplished my goal. Foreclosure investing is not a good investment approach for beginners. I recommend that you have at least a couple of years' experience with more traditional real estate investing first. The profits from foreclosure investing can be huge. That makes foreclosures attractive. There is an awful lot to know in order to avoid the problems that can occur. If you don't know what you are doing, one disastrous foreclosure investment can wipe out your capital and your enthusiasm for all real estate investing. Three ways to buy a foreclosure property There are three basic approaches to buying properties in foreclosure depending on the stage of the foreclosure process: buying pre-foreclosures, buying at the foreclosure auction, and buying from lender after the foreclosure sale. If you buy from the delinquent property owner before it goes to auction, you have bought a pre-foreclosure deal. Buying at the auction is self-explanatory. If nobody bids, the lender ends up with the property. Buying from the lender after the auction is called buying REOs (real estate owned) or Repos, (repossessions). Sometimes you will see them referred to as "corporation owned" or, my favored term, "lender owned." REOs are the least risky way to buy foreclosures You may have more risk than you would in a regular real estate transaction, but REOs are less risky than in buying at the auction. Since REOs are somewhat similar to a regular sale, they can be pretty safe. You might not get a seller's disclosure. In California, a lender who acquires a property through foreclosure does not have to offer a disclosure to you as a buyer. But, if there are problems after you buy the property, you might be able to sue the lender who sold you the property, or at least threaten to sue them, and they might make things right or pay part of the cost. There's a good chance they will still be around after the sale. The risks of buying pre-foreclosure real estate The next riskiest foreclosure purchase is the pre-foreclosure. If an owner of a pre-foreclosure disappears, you risk not getting anything from him after the sale. A pre-foreclosure seller might be desperate and lie to you about the condition of the property and the neighborhood. There might be liens on the property that the seller "forgot" to mention. The big utility bills become the buyer's responsibility if the pre-foreclosure investor failed to check them out. Ditto for unpaid property taxes. There may be another person on title who did not sign the deed, and so on. In California and, I believe, some other states, there are special laws related to dealing with and buying a property from a homeowner occupant who is in default on a loan. If the contracts and the sale are not done according to the law, the seller has the right to rescind the sale and could, long after the sale, sue to have the sale reversed. There are extreme penalties for violating the law. Remember, "Ignorance of the law is no excuse." You need to know the state law when you do pre-foreclosure investing. Can the seller can legally deed the property to you? What if the seller is already in bankruptcy? The deed is likely not valid unless it has gone through the bankruptcy court. You have to call the local bankruptcy court to check for a possible filing. And, of course, the seller could have filed bankruptcy in another bankruptcy court that you did not call. And, even if the seller does not file bankruptcy until after your purchase, you may have to deed the property back to the seller up to three years after you bought it. If selling the property made the seller destitute, and the seller sold for much below market value--which you hope he did so you could make a good profit--the bankruptcy trustee can require you to deed the property into the bankruptcy estate on the grounds that the sale was a "fraudulent transfer," wherein the seller deprived his creditors of an asset which could help pay the debts. At that point, you become a creditor of the bankruptcy estate. Is this really what you planned when you bought the "great pre-foreclosure deal"? A lot of pre-foreclosure buyers may forego some of the inspections because they are hurrying to buy before the foreclosure auction. Sometimes the buyers will give money to the owner, get a deed, and record the deed themselves in the land records office of the county. The pre-foreclosure buyer has to be very alert to a lot of possibilities and check them out. You must have superior knowledge of real estate investing before you start doing pre-foreclosure investing. But, if you sign a proper sales contract with the owner, get appropriate inspections, go through an escrow with a knowledgeable escrow agent, and look at the property yourself, you probably will not be at great risk. If you use the safeguards above, you are going to have less risk than in most foreclosure auction buys. The risk of buying at the foreclosure auction Buying at the auction is the riskiest foreclosure purchase. At the auction you have no real estate agent to lead you through the process. You have no escrow and no title report let alone title insurance. In most jurisdictions it is an all cash sale. In some states you may have a week to a month to come up with the full purchase price. If you do not raise the money, you lose your deposit. At the auction the people conducting the sale will announce that the successful bidder will receive NO WARRANTY OF ANY KIND. You have no assurance that there are not other liens or loans on the property. You do not have any inspections by contractors, roofers, pest inspectors, building inspections, water well, or septic system experts. You get no disclosure from the seller as to the condition of the building or what is happening in the neighborhood. Usually you cannot see the inside of the building; perhaps not even the back of the outside. You know nothing about the electrical system, the plumbing, the heating, or air conditioning. If you buy an occupied property, you have to do an eviction, which, in some states, can drag out for a while, preventing you from getting into the property quickly to prepare for resale. Sometimes the occupants, if they are former owners, will vandalize the properties before leaving or steal items, such as cabinets, doors, fixtures, lamps, etc. If you are buying to resell the property quickly for a profit, you had better know if your buyer can readily get title insurance when buying your foreclosed-upon property. When you get a very good deal at a foreclosure auction, you may find that the former owner files a lawsuit to attempt to overturn the sale. So be prepared to hire an attorney and fight for your profit. Experience and knowledge build your foundation Now do you begin to understand why I recommend that beginners not start investing in foreclosures? Start with simpler buying approaches and get some experience with properties, laws, ordinances, deeds, and loans, and so on to provide a foundation. Learn to do title searches as fast as the professionals. Get to know intimately the government offices that have property records and tax assessment rolls. Get to know the property values in an area where you invest. Learn about the problems with properties in different neighborhoods, such as bad soil, poor construction in certain subdivisions, problems with septic systems and wells, and soil contamination. When you have learned all that, start studying up on foreclosures. Study the foreclosure laws in your state. Study law books on the priority of liens, bidding at auctions, title insurance, and bankruptcy. When you fully understand foreclosures, start buying them. I am not trying to stop you from investing in foreclosures. They can be profitable for those who can practice it well. But, few beginners can do it well. I'm telling you to be realistic and get the background that will allow you to be successful in foreclosure investing. The field is rife with risk. You can easily lose your whole investment if you make a single mistake. Please believe me, even with all my years of real estate investing experience, it has happened to me. Good Investing, Ron Starr MORE INFORMATION More on this topic... Customers also bought...

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The National Home Equity Mortgage Association The National Home Equity Mortgage Association | Who We Are Who We Are NHEMA At A Glance NonPrime Mortgage Loan Facts and Statistics Ethics and Standards Conferences and Educational Programs Frequently Asked Questions NHEMA Leadership Staff Directory | Communications Communications Press Releases » Reports and Studies » Equity Update Equity Magazine Advertising Opportunities News Archives NHEMA Joins Effort to Help Gulf Coast Mortgage Professionals Affected by Hurricane Katrina Nonprime Mortgage Lenders Providing Unprecedented Relief ToHomeowners Affected By Hurricanes Katrina and Rita Leading Trade Associations Join Forces To Produce Another Successful NonPrime Mortgage Trade Show NHEMA Statement Regarding Federal Mortgage Loan Data Studies Confirm Risk Factors Drive Loan Pricing Prepayment Fees Lead to Lower Interest Rates - June 23, 2005 Mortgage Pricing Is Based on Risk - June 23, 2005 | Join NHEMA Join NHEMA NHEMA Member Overview NHEMA Member Benefits Information Resources Membership Categories and Fees Organization | Events Events | Links Links | Contact Us Contact Us -- Members only Login NHEMA Conference Schedule January or February, 2006 (exact dates to be determined) NHEMA Emerging Markets Forum Miami, FL February 9-10, 2006 2006 NHEMA Business Technology Roundtable Westin South Coast Plaza Costa Mesa, CA April 6-8, 2006 NHEMA 2006 Annual Conference Doral Resort Miami, FL May 17-18, 2006 NHEMA Fraud Prevention & Detection Workshop Hyatt Regency San Antonio San Antonio, TX June 7-8, 2006 NHEMA Compliance & Servicing Workshop Hyatt Regency Newport Beach Newport Beach, CA News and Current Events Federal Financial Regulatory Agencies Propose Guidance on Nontraditional Mortgage Products The federal financial regulatory agencies issued for comment proposed guidance on residential mortgage products that allow borrowers to defer repayment of principal and sometimes interest. Read more. Speakers at NHEMA Webcast Address Effectively Addressing Federal and State Investigations into Lending Practices Consider the following scenario: an executive vice president at your firm receives a phone call on a Friday afternoon from the state Attorney General's office, advising him that a multi-state investigation has commenced into alleged predatory lending, covering transactions dating back five years. What should your initial response be? Speakers at a fall Webcast, sponsored by NHEMA, considered numerous options. Should you circle the wagons and go into bunker mode? Call a press conference to deny all allegations and paint the action as a baseless, politically motivated witch hunt? Read on to find out. Please Donate to the NAMB Hurricane Relief Fund NHEMA supports the Hurricane Relief Fund, established by the National Association of Mortgage Brokers, to provide financial assistance to its members who have experienced extreme loss from the devastating impact of Hurricane Katrina. Many have lost their homes, their livelihoods, and for some, far worse. Please do what you can to support your broker associates on the Gulf Coast by clicking here to make a donation. Nonprime Mortgage Lenders Providing Unprecedented Relief to Homeowners Affected by Hurricanes Katrina and Rita In the aftermath of Hurricanes Katrina and Rita, nonprime mortgage lenders, like other responsible financial services providers, are making unprecedented efforts to help disaster survivors. To learn more, click here . NHEMA Responds to Release of New HMDA Data The Federal Reserve Board released its report on 2004 HMDA data on September 13, 2005. To read NHEMA's statement responding to the HMDA report, click here . To view the HMDA report and the press release announcing it, click here . Studies Confirm Risk Factors Drive Mortgage Loan Pricing An analysis of approximately 1 million mortgage loan applications confirms that borrowers' credit risk profiles directly relate the the APRs on their loans. The analysis, requested by NHEMA and authored by University of Virginia Professors Richard F. DeMong and James E. Burroughs, also clearly demonstrate that loans with prepayment fee clauses have lower APRs than those that do not. To download the studies "Mortgage Pricing is Based on Risk," and "Prepayment Fees Lead to Lower Interest Rates", click here . To view NHEMA's press release, click here . Announcing Online Advertising Opportunities Through NHEMA NHEMA is now accepting limited advertising on the key online information portals for the nonprime mortgage lending industry: the NHEMA Web site and NHEMA's weekly Equity Update and Media Update electronic newsletters. Download the Advertising Kit for rates and other details. NHEMA Releases 2004 Mortgage Fraud Report NHEMA announced today that it is releasing its 2004 Periodic Report on Mortgage Fraud. The report covers mortgage lending in the entire country but concentrates on issues in the NonPrime lending sector. Click here for the complete report. NHEMA Statement on Joint House Financial Services Subcommittee Hearing Regarding Predatory Lending Legislation NHEMA expresses appreciation to the members of the House Financial Services Subcommittees on Housing and Community Opportunity and Financial Institutions and Consumer Credit, chaired by Rep. Bob Ney (R-OH) and Rep. Spencer Bachus (R-AL), respectively, for holding todays joint hearing on legislative solutions to abusive and predatory lending practices. Read the complete statement . Interagency Federal Risk Management Guidelines for Home Equity Lending The federal government's bank, thrift and credit union regulatory agencies have issued joint guidance to promote "sound risk management practices for home equity lines of credit and loans." The interagency guidance is "outlines the agencies' expectations for sound underwriting standards and effective credit risk management practices for a financial institution's home equity lending activity." To see the interagency guidance report, click here . More News > Click here to browse Equity Update , an electronic newsletter covering the non-prime mortgage lending industry. About NHEMA The National Home Equity Mortgage Association is the only trade association solely representing the nonprime mortgage lending industry. NHEMA represents approximately 250 mortgage lenders accounting for 80 percent of outstanding nonprime mortgage loans. The association and its members are committed to providing open and available access to credit for all homeowners. Learn more The National Home Equity Mortgage Association 1301 Pennsylvania Ave, NW Suite 500 Washington, DC 20004 800-342-1121 2005 National Home Equity Mortgage Association

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How to sell from Channel4.com/4Homes E4 More4 FilmFour FourDocs TV Listings Site A-Z NEWS FILM HOMES LIFE ENTERTAINMENT HISTORY SCIENCE COMMUNITY SHOP SPORT CULTURE CARS MONEY VIDEO LEARNING HEALTH MUSIC GAMES Home Welcome News On TV Grand Designs Grand Designs Abroad Previous Houses Features Information Streets Ahead Property Ladder Location, Location Relocation, Relocation Home from Home City Gardener Selling Houses Room for Improvement Up Your Street Making Space A Place In The Sun The Great Garden Challenge Home or Away A Place in France A Place in Greece A Place in Greece House Auction More Programmes Presenters TV Listings Buying & Selling Where to Buy How to Buy How to Sell Special Cases House Price Index Renting Property Search DIY & Building Guides Building a House Ask the Expert Style Design Guides Features Living Rooms -- Bedrooms -- Kids Rooms -- Storage solutions -- Dining Rooms -- Home Office -- Hall -- Outdoor Living -- Period Styles -- Buying Abroad Country Guides Features Property of the Week Chat, Vote & Win Vote Win Forum -- Newsletter Forum Profit from Property Buy to Let Property Development Money Deals SEARCH All 4Homes: On TV Buying & Selling Renting Property Search DIY & Building Style Buying Abroad Chat, Vote, Win Profit from Property HOW TO SELL Home Information Packs What impact will new plans have on the way you sell your house? Making The Most Of.... ...your Kitchen There's more to it than baking bread or brewing coffee ...your Garden It's not all about what goes on inside Features House Doctors Want your house to look the best - send for the doctor Smooth Moves Taking the stress out of the big move 10 Steps To Presenting Your Bathroom 10 Steps To Presenting Your Bedroom 10 Steps To Presenting Your House's Exterior 10 Steps To Presenting Your Children's Room 10 Steps To Presenting Your Living Room UK PROPERTY SEARCH Over 150,000 homes Type a location: Price range: Min Price £0 £50,000 £75,000 £100,000 £125,000 £150,000 £175,000 £200,000 £225,000 £250,000 £275,000 £300,000 £325,000 £350,000 £375,000 £400,000 £425,000 £450,000 £475,000 £500,000 £550,000 £600,000 £650,000 £700,000 £750,000 £800,000 £850,000 £900,000 £950,000 £1,000,000 Max Price £50,000 £75,000 £100,000 £125,000 £150,000 £175,000 £200,000 £225,000 £250,000 £275,000 £300,000 £325,000 £350,000 £375,000 £400,000 £425,000 £450,000 £475,000 £500,000 £550,000 £600,000 £650,000 £700,000 £750,000 £800,000 £850,000 £900,000 £950,000 £1,000,000 £10,000,000 Min bedrooms: Min Beds 1 2 3 4 5 6 New homes only 4HOMES MAIL Enter your email to sign up to the 4Homes newsletter POLL Who is your favourite presenter? FIND OUT MORE Buying Abroad Advice on buying overseas GRAND DESIGNS CD ROM A comprehensive 'info tool' for anyone looking to renovate their dream home CHAT, VOTE , WIN Competitions Your chance to win a holiday and get away this winter CHAT Homes Chatroom Talk about all things Homes in the Channel 4 Chatroom About C4 | Jobs | Text Only | Access Advice | Contact Us | Terms and Conditions | Privacy | Help | Online Ad Sales