Karl Klinger, CFP®, CLU®In May, RealtyTrac, a leading online market for foreclosure
properties, reported that foreclosure rates were up 4 percent in April
from March levels, but up a whopping 65 percent from April 2007.
There's that old saying that one person's misfortune is another person's
happiness. But in these troubled times for the mortgage industry, those
who consider investing in foreclosure properties should not only
understand foreclosure and the importance of cash in the process, but
the emotional element unique to this kind of investment. After all, each
foreclosure represents someone who has lost a home.
With the rise in foreclosures, you'll definitely hear more about how
"easy" it is to invest and make a killing. But in reality, those who
deal regularly in foreclosures know that making a profit can be tough,
and that's true even for individuals with close ties to lenders and
public officials and lots of experience. Here's a look at the
foreclosure process and how it works.
What is foreclosure? A foreclosure happens when a buyer defaults
on their payments and the lender takes formal legal action to seize the
property. Foreclosures have accelerated not only due to a downturn in
the economy that's affected home sales, but because many homeowners were
tripped up by adjustable-rate mortgages that moved to higher payment
levels that they could afford. State rules govern this process, but
generally, when a lender decides to foreclose on a property it files a
notice of default or a lis pendens (Latin for "lawsuit pending").
This document is a public record, and for buyers -- including other
lenders -- it's the first step in locating a property in foreclosure. A
buyer looking for foreclosures can look online for lists of properties
in default, but it's particularly important to double-check these
listings.
Do all troubled properties have to be in foreclosure to be sold?
Actually, no. You will hear about "pre-foreclosure" or "short sale"
properties put up for sale by lenders who have entered into agreements
with troubled homeowners who elect to give up the property to avoid a
foreclosure on their credit report. You will also hear about such sales
being done by intermediary companies who claim to deal in these
transactions. Some are legitimate, some are not. Check them out.
How do people invest in foreclosure properties? There are three
primary ways this happens. First, you will see buyers coming in at the
"pre-foreclosure" stage. Second, you will see buyers going after "REO"
(real estate owned) properties -- literally foreclosed real estate still
on the books of a lender. Third, you'll see foreclosures auctioned off
at the public courthouse or in private auctions, depending on how the
lender wants to market such properties to get them off their hands. Each
process has its own conventions for inspecting the properties --
sometimes prospective buyers get time to inspect what they might buy,
other times little or none.
Can I borrow to buy foreclosures? If you have to borrow money to
buy foreclosed or other troubled properties, you might not want to get
involved at all. While the typical purchase of a home involves mortgage
financing that takes weeks to secure due to credit checks and other
factors, the sale of foreclosure properties is typically a fast-moving
process that requires no-strings financing. Bottom line, lenders like
cash. There's another good reason to enter this process with cash
instead of debt. Even sophisticated foreclosure investors often discover
ugly surprises when buying -- property with greater damage than they
anticipated, for example -- and they may not have the flexibility to
borrow to fix those unexpected problems after they borrowed to buy in
the first place.
So, how do I educate myself? Start with some solid advice about
your personal finances and your tax situation. A Certified
Financial
Planner™
professional can
help review your circumstances and how prepared you might be for this
risky form of investment. Beyond that, it's a process of learning how
various lenders in your community deal with pre-foreclosure and
foreclosure property and how public officials and private auction houses
in your area handle the auction process for such property. Generally,
this is knowledge that will take time to obtain since all the parties
involved in this process are busy and besieged by many like you who want
to learn. Be patient, take the proper time to study the process and
don't spend a dime until you do.
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This article was
produced by The Financial Planning Association.
200806 2008-2688 |