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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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RISMedia - Residential Real Estate's Largest Independent News & Information Service - Immediate access to industry news,top real estate professionals,and the nation's most respected product and service firms real estate referral,real estate training,real estate education,real estate news articles information consulting expertise real estate professionals reference resources industry worldwide database national regional state real estate referral,real estate training,real estate education,real estate news articles information consulting expertise real estate professionals articles information consulting expertise real estate professionals reference resources industry worldwide database national regional state real estate referral,real estate training,real estate education,real estate news reference resources industry worldwide database national regional state real estate referral,real estate training,real estate education,real estate news Today's News Products/Services Article Search Events Feedback Login Real Estate Magazine Realtors/Services Power Broker Report Real Estate Leadership Power Broker Event Realestate Magazine Feedback Daily News Feedback Advertising Opportunities Feedback Other Feedback Today's Real Estate News Get our free News Feed Existing-Home Sales Trend Lower in November Sales eased 1.7% to a seasonally adjusted annual rate of 6.97 million units in November from a pace of 7.09 million in October More. Inverted Yield Curve Influences Mortgage Rates Fixed mortgage rates fell slightly this week, as long-term interest rates declined following a large decrease in new home sales More. NAR Provides Access to Updated Study of Emerging Legal Issues in Real Estate Study tracks historical data regarding more than 90 different legal liability issues faced by real estate professionals More. Pitching Property in the Blogosphere Real estate blogs rising in popularity at a time when the Internet is becoming more important in home-buying process More. Todays HOME Spun Wisdom New Years resolution: Adopting a healthy diet More. November Illinois Home Sales Nearly Even with Last Year Median Price at $202,000 Total home sales down less than 200 from the prior year More. 2005 California Housing Market Eclipses Previous Records Sales of detached, existing single-family homes are expected to reach 635,000 this year More. Housing Costs Up in Western Massachusetts Prices outside of the city are up much faster this year than in the Boston area More. NAR PULSE: NAR Welcomes Federal Guidelines on Specialty Mortgages The NATIONAL ASSOCIATION OF REALTORS on Dec. 20 welcomed proposed guidelines from the federal financial regulatory agencies on specialty mortgage products that allow consumers to defer repayment of the home mortgage principal and interest. More. NAR PULSE: Terrorism Insurance Readied for President The U.S. House and Senate have reached agreement on extension of federal terrorism re-insurance for an additional two years, setting the stage for signing by President George W. Bush. The legislation increases the point at which federal backstop assistance kicks in from $5 million this year to $50 million in 2006 and $100 million in 2007, and creates the President's Working Group on Financial Markets (which includes the Treasury secretary and the Chairs of the Fed and SEC). NAR supported extension to ensure the availability and affordability of terrorism coverage, vital to the financing of commercial properties. More. NAR PULSE: New Resort Certification to Serve Growing Second-Home and Resort Market To better serve the growing second-home and resort real estate sector, a new certification for REALTORS called the Resort and Second-Home Property Specialist (RSPS) will be offered by the NATIONAL ASSOCIATION OF REALTORS. The new certification program was announced at the 2005 NAR Conference & Expo in San Francisco last October. More. Sedgwick CMS Holdings Agrees to Acquisition by Fidelity National Financial FNF will acquire company for $635 million More. RE/MAX Moves to No. 8 in Entrepreneur Franchise 500 Study Company moves up in ranking More. W.C. & A.N. Miller to Help Build a Town Town of Haymount will be new venture for Miller More. Millionaires Bank on Orange County, Calif., Homes At a time when half of all county homes sell for more than $600,000, one out of six crosses into seven-figure territory More. Todays HOME Spun Wisdom Looking for a good quote to add to your New Years toast? Here are some thoughts on ringing in the New Year from some of historys most notable quotable. More. Online Marketing: New Years Resolutions for Your Web Site Commentary by Israel Rothman More. Sharp Increase in Average Time Needed to Sell a Home: Survey 75% of respondents say homes in U.S. now taking more than 30 days to sell, up from 39% in second quarter; new sales data suggests more balanced market emerging More. Floridas Lake Worth Favors Industrial Park over Building Affordable Townhomes Leaders want seven-acre mobile home park to become part of growing industrial area More. Top Mistakes of Home Buyers and Sellers in 2005 Mistakes made in 2005 may help those looking to buy or sell in 2006 More. Home Buyers Put Faith in Concrete Recent hurricanes, higher energy costs cause for more concrete structures More. California Median Home Cost Up 16.2% But sales are down 11.2% compared with last year More. Training & Business Development: Final Four Days for $125,000 Deadline for Real Estate Apprentice is approaching fast More. Todays HOME Spun Wisdom For 2006, make one resolution as a couple. Here are some guidelines. More. State Home Sales Slide For the first time in 47 months, the median price of a home in two Santa Barbara County, California markets declined from its prior annual level More. Wells Fargo Home Mortgage, Author Launch the Great American Homeowner Challenge New Year's Eve Times Square 2006 celebration to kick-off campaign to inspire long-term financial success through homeownership More. List of Real Estate Training Courses for Real Estate Designations Updated Prominent real estate designations and certifications that are managed by an equally long list of real estate associations, institutes, councils and societies are now available for review in one spot More. MLSSoftware.com, RealBird Partner to Provide Map-Based Searching Services MLSSoftware to resell a branded version of RealBirds service to its clients More. Training & Business Development: The Magnificent 12 Four more industry leaders now in official judges lineup for Real Estate Apprentice More. Training & Business Development: Profiles in CourageThe Entrepreneur Agent The short cut to fearlessness More. Training & Business Development: Becoming 100% Invested in the Present Making the customer feel as though they are the only one is key More. Real Estate Continues as Prime Investment for 2006 Second consecutive year that industry has been one of the top investment choices in the survey More. Action Against Fraud Urged Jury calls for new $2 deed-filing fee to fund a new real-estate fraud prosecution unit More. Houston Home Sales Near Record Single-family home sales increased by 8.7% to 4,735 in November, up from last year's 4,357 More. Number of Homes for Sale Hits Nine-Year High in Orlando However, existing-home sales through November remained on pace to set a 13th consecutive annual record More. Todays HOME Spun Wisdom Hosting a New Years party? Here are some resolutions to think about to help you enjoy your own bash. More. Nations Strong Housing Market Seen Simmering Down in 2006 Economists: production will ease back next year to 2004s historically healthy levels More. Bankrate: Mortgage Rates in a Holiday Holding Pattern Average 30-year fixed rate mortgage dipped from 6.34 percent to 6.33 percent More. Most Homeowners Oppose Proposal to Replace Home Mortgage Interest Deduction Presidents tax reform panel would eliminate other consumer deductions More. ABN AMRO Mortgage Ranks Highest Among Primary Mortgage Lenders Highly satisfied customers refer their loan originator to others more than twice as often More. Todays HOME Spun Wisdom Regifting and exchanging 101some tips on the dos and donts of regifting More. Builders Take Steps to Curb Homes Sales Backlog of units becoming a problem for some companies More. Foreclosure.com Adds Content That Helps Subscribers Make Smart Property Decisions State-specific Foreclosure Laws and How to Buy Foreclosures offer helpful tips More. Weichert, Realtors Expands with Four New Franchises in New York and Massachusetts Company now has 31 opened affiliated offices and 11 company-owned offices in New York More. Prudential California Realty Launches Architectural Collection Division 15-year architecture and design expert to spearhead new division More. NAR PULSE: Historically Strong Home Sales Expected in 2006 The housing market for 2005 is headed for a fifth consecutive annual record, and sales activity in 2006 is expected to be the second best year in history. For more information, click here . More. NAR PULSE: NAR Launches RESPA Compliance Tools as Part of Awareness Campaign The NATIONAL ASSOCIATION OF REALTORS has launched four new tools to help real estate professionals better understand and comply with the requirements of the Real Estate Settlement Procedures Act (RESPA) as part of NARs RESPA Awareness Campaign. For more information, click here . More. NAR PULSE: New Resort Certification to Serve Growing Second-Home and Resort Market To better serve the growing second-home and resort real estate sector, a new certification for REALTORS called the Resort and Second-Home Property Specialist (RSPS) will be offered by the NATIONAL ASSOCIATION OF REALTORS. The new certification program was announced at the 2005 NAR Conference & Expo in San Francisco last October. For more information, click here . More. Wealthy Americans Remain Confident Home Values Will Increase PNC survey finds fewer than one in 10 expect decline in value of their primary homes More. Housing Market Strengthens in November Record year for single-family home construction expected More. -- Current Issue Previous Issue Past Issues Reprints Realtor Solutions CURRENT ISSUE April, 2005 Past Issues -- Daily News Email Submit your email address to receive a daily news email from rismedia.com SITE SPONSORS Today's Profile Barbara Reynolds A Smooth Transition Poll Has your market become a buyer's market? Yes No Don't know Results Polls