Tampa
Foreclosures
A
foreclosure is the legal process of a lender
terminating the interest of any homeowner
who has defaulted on his loan. When the
process if finished, the previous owner
loses their rights to the home and lender
owns the house. The lender usually sell
the home and uses the proceeds to satisfy
the mortgage, plus and legal costs. If there
is money leftover, the funds can be applied
to any other liens on the home or returned
to the previous owner.
It
is a risky business buying foreclosed homes.
Many of the homes are distressed and are
sold on the courthouse steps for cash. Before
buying a foreclosed home, the buyer will
not have an opportunity to inspect the property,
so it is a gamble as to how much work needs
to be done. Sometimes, the previous owner
will gut the property or damage it, but
all sales are final in a foreclosure sale.
Title insurance is also not available on
these homes, so there could be court judgments,
undisclosed mortgages, liens, or tax liens.
The property is only available as the lender’s
description on the deed of trust before
purchase.
There
are never too many bidders at the foreclosure
sales because the requirement for payment
is all cash in order to purchase a home.
It is nearly impossible to get financing
to buy a foreclosure, so many buyer’s
will show up with cashier’s checks.
It is usually the same group of buyers at
a foreclosure sale.
Many
homes posted for sale will get postponed
for a later date due to a number of reasons
including the homeowner filing for bankruptcy,
an agreement between the owner and the bank,
or the homeowner making the mortgage current.
Some
homes on sale have a high minimum bid, and
no one will bid on them. Foreclosure prices
begin with the balance of the mortgage plus
and penalties, leans, later fees, court
fees, etc. If no one bids on the property,
the home goes back to the primary lender
that started the foreclosure. At this point,
the bank could list the home sale with a
Realtor as an REO (Real
Estate Owned).
If a buyer does win the home, he or she
is given the trustee’s deed to the
home. This will give the buyer a guarantee
that the home is free of any loans, but
not tax liens. It is now up to the buyer
to take care of those if they are left on
the property.
Immediate
possession of the property is granted, and
sometimes the previous homeowners are still
occupying the residence. The buyer is responsible
for evicting anyone living there. The new
owner can start and unlawful detainer proceeding,
but it does not give a direct timeline of
when they will be out, or what kind of damage
they can do in the meantime. So it is very
risky for a novice investor to purchase
foreclosures.
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Copyright 2008
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