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Considerations When Buying Foreclosed PropertyMarch 23rd, 2009

Author: admin

If you are interested in buying a pre-foreclosed or a foreclosed home there are several issues that you should consider. These are not necessarily related to the house you are purchasing but these could put you on rocky financial grounds.

Buying a house is not like going to the supermarket where you can expect the cashier to give you the title of the property right away once you present your payment. It requires complex deals between you, the bank and the homeowner. For example, if you want to bid on an auctioned house, you should present a letter from a lender or a bank that proves that you have enough money to buy the property.

However, not all banks will be willing to give you the recommendation because properties in the auction are sold "as is" and are not open for inspection. This means that the bank won't be able to appraise the house in order to see if it is worth the price you pay - you could overpay and have zero recourse.

Secondly, laws differ from one state to another. Therefore, concrete knowledge of these laws or having a good attorney who specializes in these laws will be to your advantage. Also, hiring a lawyer will help you identify various laws that could either give you a good deal or put you under financial strain.

For example, there are several states that give the owner the right for a redemption period. This period allows the original homeowner to buy back the property even if it is already sold to a home buyer given that the period has not lapsed yet and the homeowner has enough money to secure the sale. This is advantageous for homeowners who have lost their homes to foreclosure but a big negative for home buyers who have already put their investments in a foreclosed property.

Hiring an attorney could insure the security of a willing home buyer from such laws. Additionally, a lawyer can find ways to waive the right for redemption.

Another financial consideration when buying a foreclosed home is the "lien", which is basically a legal claim against the property. It is understandable that someone who can't keep up with his mortgage payments may owe somewhere else or have unpaid income or property taxes.  And in such cases, it is fairly possible that the money is borrowed against the house. These liens will remain intact unless the balance is paid in full. In many cases, home buyers of foreclosed properties will have to pay for the liens. It is highly advisable that someone interested in buying a foreclosed property should conduct a title search. Foreclosed homes rarely come out clean so make it a point to know all the details about the house you are buying.