Understanding the Four Stages of Foreclosure

When you buy a house, you do not consider the fact that someday you may run into financial problems and that foreclosure may be something that you're facing. Many people panic and think that when they fall behind on their mortgage, there really is no way out. The fact is that there are many options for those who face foreclosure if they do things in a timely manner.

There are actual stages of foreclosure that a person will go through, and actions you can take at each stage to possibly forestall or even prevent the foreclosure. If you know what the stages are, you can better plan how to get out of foreclosure. By knowing what to expect and what you can do, you will be on your way to saving your home.

The first stage: Your mortgage is late. There can be many reasons that make you fall behind on your mortgage. Perhaps you fell ill or you were laid off. No matter what the reason for which you lost your steady income, the fact is that you fell behind on your mortgage so now you are trying to make ends meet and save your house. You want to be sure to keep in contact with your mortgage company. Many people make the mistake of ignoring their lender and that can be very damaging to the loan. You will only add to the late fees you are accruing and there can be other costs as well when you neglect your lender's enquiries.

The second stage: Once you are late, you suffer the consequence of being reported as late. There can actually be legal fees that may apply due to the fact that your lending is filing for foreclosure. Your delinquency will be reported to the main credit agencies and this will damage your credit rating.

The third stage: Once the above stages have passed, your lender may start foreclosure proceedings. This can entail having you evicted from the property. Most lenders will give you anywhere from one to three months to get things in order to try and fix things. If you fail to fix things then local law enforcement officials may come to forcibly remove you and your family from the property.

The fourth stage: Once you have been removed from the property and the house is vacated of your belongings, your house will be auctioned. At this point, you still have a change to retain your property since you also have a right to bid on it at the auction. You may actually be able to buy your house at auction for a fraction of the cost that you owed on it.



Stephan Iscoe
Publisher,
MoneyMakersNews.com

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Learn the Insider Secrets of Buying Bank Foreclosure Properties

How to Use Lease Options to Make Money

Really, if you think about it, buying a property and renting it out is nothing new in the world of real estate investing. The practice has been going around much longer than any of the real estate gurus that created these "get rich" real estate courses!

So why is everyone making such a big hoopla about doing lease options?

No Money Down Deals
=================

One of the many reasons that lease options are so popular, is the possibility of creating a No, or Low Down payment to purchase the home. This is done by working directly with the seller of the house, and hammering out a deal between you and the seller.

That means, no banks, no credit checks and no qualifying! Of course, not every seller is going to be open to the idea of flexible terms for you, so it would be a good idea to work with motivated sellers.

Working With Motivated Sellers
=======================

Although these deals are more difficult to find, they are out there and they exist. You just have to know where to find these deals. Many of these deals can result in no down deals if you offer the seller something that they desire. One such item is the sales price. Offer to pay maximum dollar before repairs to entice the seller to offer you good terms for buying the property.

While other investors come by and offer them low-ball insulting offers, you might get the nod for coming out and offering a better deal.

Remember, these people are in distress some how, and if you put together a fair offer for both parties, you may get the property at a really good price.

Giving To Get What You Want
======================

Nobody likes to be sold. Don't make your seller feel like they've been ripped off! Creative negotiating is the key to securing a great deal. There's no need to strip the seller of their dignity by insulting them with a totally one-sided offer. Make the seller feel like they are getting something out of the deal and you'll close more profitable deals faster with less problems.

While you are negotiating with the seller, find out just what they need to get rid of the property and go from there. Most sellers in distress don't have a lot of time or options and may offer you a very good deal.

Also take in consideration the condition of their property. You cannot pay full price if the house is in need of repairs. A good suggestion would be to only look at houses that are cosmetically damaged, and not structurally damaged.

Needing a new roof or new plumbing installed is different than just cleaning up the yard and putting a fresh coat of paint on. Actually, the more cosmetically unpleasing the property is, the better your negotiating leverage is. You'd be surprise the amount of discount you can get from an unpleasant looking property!

To ensure the property has no major problems, bring along a handyman and have them hand you estimate for getting everything done. Once he does, simply hand that to the seller and show them how much it's going to cost to get this property back into a livable place. If the seller can't or won't fix the problem areas, ask them to add the cost into the final sales price to make it fair for both parties.

Important Tips When Buying With Lease Options
====================================

When purchasing property via "For Sale By Owners" (in other words, no real estate agents), always buy the property on a Land contract or a Contract for Deed. Both of these contracts are used when selling property between two parties without a real estate agent. Sit down with a real estate attorney and have them go over the details with you for a land contract.

If the seller offers a lease option to you, turn the offer down. Here's why. A lease is another word for renting their property, which means you don't own it.

If you are simply a renter of the property, the seller only needs to get a court order of eviction and your out of the property. If however you are the owner of the property, the seller will most certainly have to induce what is called a judicial foreclosure. The difference is probably $10,000 dollars or more in attorney fees, court fees and between 8-12 months time for processing.

A judicial foreclosure is very costly and time consuming for the seller, and would probably force him to negotiate more favorably towards you. All the while, the property is in a period of Stay, of course you are still required to pay the seller and follow through with your end of the contract. However nothing can be put into action until after the foreclosure is completed. Wow, that's a very important point.

Know that this has happen and the people ended up staying in the home mortgage free! They didn't fulfill their end of the contract by paying the seller their monthly mortgage payment like they should have, yet the seller couldn't do anything until the pending foreclosure had been resolved. Not even get the buyer to pay their monthly mortgage payment to them!

These are the extreme's. But it would be in your best interest to see that you are considered an owner then a renter.

Important Tips When You Lease Your Property
==================================

For the very same reasons listed above, when you look to sell your property, you first do it as a lease. If the buyer/renter insist on having an option contained within the lease contract, you write the option on a separate contract. If there was ever a dispute, you may gain an advantage in court since the original lease is basically a renter's agreement.

The option that you have your attorney write up, simply will include that the option is not an option unless terms of the lease agreement is met. Always make the option contain wording that has the renter fully complete the lease agreement first. A good term for a lease agreement is 24- 36 months. The option would be null and void if the renter moves out before the lease agreement is up or is late on any rental payment within that time.

By doing so, if your renter violates any portion of the lease, you simply file for an eviction and your tenant will need to evacuate the property within the time stated by the eviction notice given by a judge. No judicial foreclosures, no lengthy waiting periods and the defaulted tenant is removed in less than 45 days!

Also ensure that your contract has some type of clarification as to the sales price. Specifically the property should be priced at the market during the time of the sale, not fixed at the time of the lease agreement started. You also want to make sure that you stipulate that as a renter, the renter cannot sub-lease out the property and by doing so would violate their lease agreement. You don't want another investor in there trying to profit off of your deal.

If there is any violation of the lease agreement you can let the renter/buyer know that you may take them to eviction court if the violations aren't corrected.

Time To Cash Out Your Option
=======================

If the lease agreement is fulfilled as stated in your contract, then go ahead and offer your leaser the chance to own the property outright. Of course, they will have to qualify with a bank and get the whole sales price paid off. By doing this, you would have the funds to pay off your contract with the original seller, and pocketing the difference from your buyer.

Remind the buyer/renter that the sales price is based on what the price is at the present time, and not when they had initially started their lease. A tactic of negotiating for the buyer/renter is that the price should be set back to the price when the house was originally rented to them. You can let the buyer/renter know that you will offer them a 5% to 10% discount on the current sales price for being a good tenant.

With any of the strategies listed here, it is always wise to consult a real estate attorney to find out your legal options of any part of the deal.

Happy Property Investing!

Stephan Iscoe
Publisher,
MoneyMakersNews.com

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Learn the Insider Secrets of Buying Bank Foreclosure Properties

Real Estate Investing in Bank Foreclosures

Loan foreclosures on real estate property provide a multitude of opportunities and challenges to a real estate investor. When a homeowner faces default on their loan and the possibility of a foreclosure by the loan holder, an investor has an opportunity to help the homeowner out of their problem and to make a profit at the same time.

No foreclosure situations proceed identically, but let's talk about some of the typical problems, steps, and resolutions. Large books have been written that cover the wide range of problems and solutions, but for the sake of this short article everything will be kept simple.

Homeowners miss loan payments for a variety of reasons, and when a homeowner has been delinquent on their payment for a number of months the loan holder, most commonly a bank, will issue a Notice of Default. The Notice tells the homeowner how much they owe in missed payments plus how much they owe in attorney fees and other penalties. The Notice also gives the homeowner a time period to be able to pay all that is owed and bring the loan back to good standing. If the homeowner can't pay all that is owed, then the bank has the right to insist that the homeowner vacate the property and the bank can then put the property up for sale or auction.

During this period of time between the Notice and the foreclosure sale, often called the pre-foreclosure period, the homeowner has the option to sell the property and to use the proceeds to pay off the arrearage that is owed. This pre-foreclosure period is also a time when a resourceful real estate investor has the best opportunity to help the homeowner with their problem. However, the homeowner who is in default and the investor have to find each other.

Since the Notice of Default is a recorded document and is made public, the investor can often view the Notice shortly after it is recorded. In most states and counties the Recorder's office makes the Notice public by posting it at the local courthouse or by posting it on their internet website.

The investor will generally find the Notice on the Internet and then contact the homeowner. Through a combination of letters, post cards, phone calls, and home visits the investor introduces himself or herself to the homeowner and suggests some courses of action.

Often the investor can take over the property and the responsibility for the loan by offering a reduced sales price or by taking over the loan altogether. This allows the homeowner to leave the property and the problems behind while the investor deals with them. The advantage to the homeowner is that they can avoid having a property foreclosure on their record, which would damage their credit score and their chances to purchase property in the future. In exchange the homeowner will generally willingly give up a large part, even all, of the equity that they had in the property.

Now the investor has an opportunity to make a profit if sufficient equity has been left in the property for him to make arrangements. For example, the investor may be able to pay off the arrearage, fix up the property, and sell it for a profit. That takes a fair amount of time and resources. The investor could also pass the deal along to an investor who specializes in fixing up properties and take a small but quick profit. Or the investor could sell the property at an attractive discount before the property goes to the foreclosure sale and make a profit without putting much of his own money into the transaction.

If there is not sufficient equity in the property for the above solutions to work, then the investor could negotiate with the bank to reduce the outstanding loan balance in exchange for a quick sale. That would save the bank from having to foreclose on the property and having the property become part of the bank's non-producing inventory for an uncomfortable period of time. This solution gives the investor the necessary equity to be able to make a profit.

There are numerous other scenarios, complications, and solutions, but this article has highlighted several of the more typical and common situations. In the transactions discussed here the homeowner benefits by being able to escape a damaging foreclosure and the real estate investor benefits by being able to make a profit on their investment of time and resources.

Stephan Iscoe
Publisher,
MoneyMakersNews.com

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Learn the Insider Secrets of Buying Bank Foreclosure Properties

Real Estate Investing: Bank Foreclosures

Loan foreclosures on real estate property provide a multitude of opportunities and challenges to a real estate investor. When a homeowner faces default on their loan and the possibility of a foreclosure by the loan holder, an investor has an opportunity to help the homeowner out of their problem and to make a profit at the same time.

No foreclosure situations proceed identically, but let's talk about some of the typical problems, steps, and resolutions. Large books have been written that cover the wide range of problems and solutions, but for the sake of this short article everything will be kept simple.

Homeowners miss loan payments for a variety of reasons, and when a homeowner has been delinquent on their payment for a number of months the loan holder, most commonly a bank, will issue a Notice of Default. The Notice tells the homeowner how much they owe in missed payments plus how much they owe in attorney fees and other penalties. The Notice also gives the homeowner a time period to be able to pay all that is owed and bring the loan back to good standing. If the homeowner can't pay all that is owed, then the bank has the right to insist that the homeowner vacate the property and the bank can then put the property up for sale or auction.

During this period of time between the Notice and the foreclosure sale, often called the pre-foreclosure period, the homeowner has the option to sell the property and to use the proceeds to pay off the arrearage that is owed. This pre-foreclosure period is also a time when a resourceful real estate investor has the best opportunity to help the homeowner with their problem. However, the homeowner who is in default and the investor have to find each other.

Since the Notice of Default is a recorded document and is made public, the investor can often view the Notice shortly after it is recorded. In most states and counties the Recorder's office makes the Notice public by posting it at the local courthouse or by posting it on their internet website.

The investor will generally find the Notice on the Internet and then contact the homeowner. Through a combination of letters, post cards, phone calls, and home visits the investor introduces himself or herself to the homeowner and suggests some courses of action.

Often the investor can take over the property and the responsibility for the loan by offering a reduced sales price or by taking over the loan altogether. This allows the homeowner to leave the property and the problems behind while the investor deals with them. The advantage to the homeowner is that they can avoid having a property foreclosure on their record, which would damage their credit score and their chances to purchase property in the future. In exchange the homeowner will generally willingly give up a large part, even all, of the equity that they had in the property.

Now the investor has an opportunity to make a profit if sufficient equity has been left in the property for him to make arrangements. For example, the investor may be able to pay off the arrearage, fix up the property, and sell it for a profit. That takes a fair amount of time and resources. The investor could also pass the deal along to an investor who specializes in fixing up properties and take a small but quick profit. Or the investor could sell the property at an attractive discount before the property goes to the foreclosure sale and make a profit without putting much of his own money into the transaction.

If there is not sufficient equity in the property for the above solutions to work, then the investor could negotiate with the bank to reduce the outstanding loan balance in exchange for a quick sale. That would save the bank from having to foreclose on the property and having the property become part of the bank's non-producing inventory for an uncomfortable period of time. This solution gives the investor the necessary equity to be able to make a profit.

There are numerous other scenarios, complications, and solutions, but this article has highlighted several of the more typical and common situations. In the transactions discussed here the homeowner benefits by being able to escape a damaging foreclosure and the real estate investor benefits by being able to make a profit on their investment of time and resources.

Stephan Iscoe
Publisher,
http://MoneyMakersNews.com

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Learn the Insider Secrets of Buying Bank Foreclosure Properties

"Subject To" Real Estate Deals Explained

"Subject To" real estate financing is fairly new on the real estate investing scene, mainly because many investors don't know what it is.

"Subject To" financing actually can be a win-win situation for both the seller and the buyer/investor if both parties understand their obligations to one another. The seller usually gets to sell his/her property at the asking price which was originally sought, and the buyer/investor usually gets the property with very little money down, if any, while not having to qualify for any bank loans.

We know, that traditional real estate investing is mainly about buying low and selling high, and making a profit from that difference, usually over time. There's absolutely no secret to that. While doing it this way, of course, you would incur all the paperwork and everything else that goes along with buying and selling a home like paying all the transaction fees that are involved like commissions, closing costs, title, recording fees and of course your time. On an average, the whole process usually takes a month and a half up to six months depending on the situation.

Creative financing, or "other than" traditional and/or conventional real estate investing, is basically working out an agreement that is fair both the seller and the buyer, without using banks or mortgage brokers. By incorporating this type of financing, the sellers can sell their property for the price they want, and in a timely fashion. The buyer/investor can create an environment for him/her to profit in some manner over a period of time.

By leaving out the usual suspects like title companies, real estate agents and loan officers, both parties stand to make the transaction more profitable for the buyer/investor and more cost effective for the sellers. Specifically this can be real profitable for the real estate investor because in any type of investing, and especially in real estate, it's about leverage. The leverage is what makes creative financing a powerful, profit-making tool for those looking to start a real estate investing business. The leverage is usually represented by how much money you put into a certain investment, and how much you make from that amount over time. "Subject To" deals make your leverage extremely high, since most of the time you place a small amount of cash, for usually a much lager return.

Let's go over a sample situation which would create an ideal environment for a "Subject To" agreement.

Debbie and Joe Blume bought their house five years ago for a $100,000 dollars. After 5 years, they now owe about $95,000 dollars, while their house is appraised for $160,000 dollars. Both Debbie and Joe have accumulated a credit card debt of about $20,000 dollars since that time, and of course, the interest on that debt is much larger than they really care to have.

Joe and Debbie take out a second mortgage to pay off their credit card debt, take a vacation and buy a new car. With their second mortgage, they do all those things and have about $10,000 leftover, after everything is done. After 7 short months, most of that $10,000 is gone also.

Shortly after this, Joe receives an offer within his company for a higher paying position, but in a different State. Joe and Debbie talk it over, and decide to take the offer and move out of State. Of course, deciding to do that, they must now sell their beautiful home.

Like so many of us, when we look to sell our house, we think logically and talk to a real estate agent. The agent informs them that there is little to no equity left in the house, and tells the Blume's that they will have to pay the agent's commissions out of pocket. Of course, Joe and Debbie can't do that, because they ran out of money and are basically living paycheck to paycheck until the new job starts.

Joe starts to worry a bit, because he needs to get to his new job out of State, within 14 days, and Joe and Debbie would like to spend a few days off together before going to his new job.

Joe starts to think and remembers a "We Buy Houses" sign down the street from their home and runs down and calls the number on his cell phone. After talking with the investor, Joe finds out that the investor isn't will to pay more than $120,000 for the house. Hearing that, Joe is mad and upset that such a person can come in with such a low and insulting offer. Besides Joe couldn't do that deal anyway because the second mortgage they took out last year, places their debt just about what the house is worth.

Getting worried and running out of time, Joe places an ad in the local newspaper advertising the house as a "For Sale By Owner".

Mostly everyone is trying to low ball him except for one guy who said "he will offer the asking price, so long as he can see the place first". Feeling excited and curious at the same time, Joe invites the man over.

A couple of hours later, Brad comes over and tells Joe that he is the one who called about the house. Brad tells Joe to explain to him a little about the house and his situation.

Joe spills his guts and describes his dilemma to Brad. After Joe finishes his story about his situation, Brad tells Joe that he thinks he can still offer the asking price and if Joe was still interested in selling?

But before they start agreeing any further, Brad says, that as an investor, that his primary motivation to make a profit on the house. Joe and Debbie understand that, so long as their asking price is met and the house is sold quickly.

Brad continues and tells both Joe and Debbie that because of his need to make a profit, he needs to offer an agreement which will satisfy both their needs. Brad continues and says "That offer is what's called a Subject To" offer. Of course bewildered and confused, Debbie and Joe ask what kind of program is that. Brad simply states, that it's a program that suspends both their money for the house and his profit on the house for 2 years, while Brad takes over the payments. Not fully understanding, Joe continues to listen to Brad's offer.

Here's what it entails:

>keep the current mortgage in place for 2 years, at which time the house will be sold, and Joe's originally asking price will be met, plus 5% of whatever profit is made by Brad

>escrow account is setup and paid by Brad to ensure full integrity of his contractual agreement with Joe
and Debbie

>property is claimed over to Brad which obligates Brad to continue making the existing payments to the escrow account. The deed will stay in the attorney's presence until the deal is fully obligated by Brad in 2 years

>relieves Joe and Debbie of the monthly debt for the mortgage payment so they can move on with their life

>Brad offers to pay closing cost and 2 months of mortgage payments to the escrow account to solidify his offer and his intentions to make good on the contract

After discussing the deal with each other and realizing that their options and time are running low, both Joe and Debbie agree with Brad over the details and sign over the deed to Brad via the attorney.

Brad then quickly rents out the house to cover the mortgage payments and manages the house as a rental.

Two years later, Brad sells the house for $210,000 and pays $160,000 dollars to Joe and Debbie's mortgage company, plus sends Joe and Debbie a check for %5 of the $50,000 dollar profits, which is $2,500. Everybody wins!

Best of Success,
Stephan Iscoe

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Learn the Insider Secrets of Buying Bank Foreclosure Properties

Subprime Foreclosures: A Lengthy Process

by Paul Sunndin

Subprime lending is defined as lending that involves elevated credit risk. Prime loans are typically made to borrowers who have a good credit history and have demonstrated to the lender that they have the capacity to repay their loan obligations. However, subprime loans are often made to borrowers who are perceived by the lender as deficient on one or both of these grounds.

There are a couple of questions that are often asked:

1)How have subprime mortgages contributed to increased foreclosure rates?

2)What is the foreclosure process for a subprime mortgage?

With all the teaser rates given to borrowers over the last several years, the question is really whether or not we will witness substantial foreclosures as these teaser rates increase. Lenders and note holders are not terribly excited to foreclose. As a result, it is common for loan payments to be several months delinquent prior to the start of the foreclosure process.

But when lenders proceed with the foreclosure process, the timeline can be quite lengthy. When foreclosing a trust deed, all amount owed and secured by the trust deed are accelerated and immediately become due and payable regardless of the maturity date specified in the note, provided that an acceleration clause is included in the promissory note and/or deed of trust. There are generally two methods used to foreclose deeds of trust: judicial foreclosure and non-judicial foreclosure.

In certain circumstances, a lawsuit is filed in superior court to foreclose on the property (judicial foreclosure). When the beneficiary files a lawsuit against the trustor in superior court, the property (unless the default is remedied) will be ordered sold. The judicial action to foreclose is generally more costly and will often take more time to complete than the non-judicial foreclosure.

In a non-judicial foreclosure, the trustee (under the power of sale clause contained in the deed of trust) may move forward with a foreclosure at the lender’s request and sell the property without court supervision. This privately held public sale will take at least four months to complete. If the deed of trust does not contain a power of sale clause, the only option is to foreclose judicially. However, most deeds of trust include a power of sale clause.

With the large amount of adjustable rate mortgages re-setting in the coming year, we should definitely witness increased foreclosure rates. But hopefully these foreclosures occur in markets with healthy local economies and adequate job growth. This would allow any sales of foreclosed properties to occur in a reasonable amount of time and at a reasonable price.

In the end, this would hopefully mitigate any substantial price decreases. Time will tell. All the questions should be answered in the coming year.


Want to buy foreclosure properties and make money doing it? To discover innovative tactics for the real estate investor and to obtain a free copy of the eBook “Everything You Have Learned About Real Estate is Wrong.” click here http://www.realtactic.com.

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Learn the Insider Secrets of Buying Bank Foreclosure Properties

10 Things You Need To Know About Buying Foreclosures

by John Montgomery

When it comes to buying foreclosures, every investor needs to be aware of certain aspects that can either make or break their bargain. The appeal of a foreclosed property is often found in the hidden potential that a home is thought to possess, but the fact that it can be purchased at a price that is often far less than the current market value is an equally attractive incentive to most buyers. While foreclosed properties can and often do produce a profitable return for investors, it’s important to keep the following in mind when perusing properties:

- Not every foreclosure is open to inspection. This means that you may or may not be able to view or evaluate the property, and could be required to make a decision based on nothing more than a visual and any information provided in the foreclosure listing.

- If a foreclosed property is open to inspection, it will be up to potential buyers to hire an inspector for the purpose of evaluating any necessary repairs or improvements. This will aid investors in the decision as to how much money they wish to pay for a property by giving them an indication of the work and cash needed to restore it.

- If you plan on buying foreclosures while they are still inhabited, either by the previous owners or renters, you will be responsible for removing them. In some cases, eviction may even be necessary.

- Buying foreclosures means purchasing a property ‘as is’ with no guarantee as to its condition.

- Investors who plan on buying foreclosures from HUD are permitted to enter the bidding process if no person(s) wish to bid as an owner-occupant. The initial phase of a HUD foreclosure auction is open only to those who wish to live in the home.

- Each state handles the process of buying foreclosures differently, but nearly every one offers a redemption period that would allow the former owner to regain control of the property by catching up on payments and interest. Buying foreclosures means that you need to be aware of local laws and how they may affect the ownership of a property.

- If you require financing, it’s important to check with a lender to arrange for a mortgage before placing a bid on a foreclosure. In at least one respect, buying foreclosures is similar to the purchase of other real estate in that the failure to complete the transaction may result in the loss of any earnest money provided.

- Prior to buying foreclosures, or any other type of real estate investment, do your homework. Homes built before 1978 may contain lead paint, which is why it’s important to learn as much as possible about the home’s age and condition, along with other potentially concerning aspects of real estate before signing on the dotted line.

- Successfully buying foreclosures as an investor means knowing the current market value for comparable properties in the area. If you plan to restore the home, you will need to figure in the cost of repairs and calculate a reasonable selling price in order to determine a feasible profit.

- Investors considering buying foreclosures can find local listings through realtors, lenders, the U.S. Department of Housing and Urban Development (HUD), the Department of Veterans Affairs (VA) and various other public auctions.

The information contained in this article is designed to be used for reference purposes only. It should not be used as, in place of or in conjunction with professional legal, financial and/or investment advice regarding buying foreclosures. For additional information, consult an attorney who specializes in real estate and/or financial matters.


To learn more, visit www.buyingforeclosureinfo.com, which offers helpful information on buying foreclosures.

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Learn the Insider Secrets of Buying Bank Foreclosure Properties