Get A Home Get A Special Deed
Nearly everywhere, you can buy real property at an auction. In some states, there is what's called Redemption Laws; the deed or title for this type of purchase is special and has specific rules attached to it. The title you hold is not clear yet, or in simpler terms: temporary. This means that in a matter of months, the former owner from which the property has been auctioned can reclaim the property -the title is defeasible or can be defeated.
The legalities of Redemption Rights: Whenever you purchase real estate with a special defeasible title, you can also purchase along with it, the redemption rights. Doing so ensures that the title you hold is permanent and can't be bought back by the owner. Laws that handle this type of transaction differ with each state, and can be confusing. Consult your real estate attorney if you want a fair trade.
More or less, the owner you'll be buying the property from will be under a lot of stress -making them unaware of their own property's equity values. Equity factors in the price of redemption rights. Ethics dictate a minimum of $1500 for perusing redemption rights; should the owner demand more, again, consult your real estate attorney.
Furthermore, there's a good chance that the owner you're buying redemption rights from is currently handling a great deal of stress -their property is being auctioned off! It's likely that they're not aware of the equity. You however, as the buyer, should be aware of such. Tradition and, well, ethics pertain to the rule of thumb: $1500 for redemption rights. Should they ask for more, check the property's equity and again, consult your attorney.
Acquiring Property:A lot of hopeful homeowners, besides scouting out good property, usually start with getting a loan. A note is the borrowed money, say $200,000. When you use that note to purchase real estate, you are issued a mortgage or deed of trust -this is the security instrument. So when you're paying off your loan, it's called paying off your mortgage. If you, the owner and borrower can no longer pay for your mortgage, your property can be foreclosed -that is repossessed, confiscated, or taken as collateral. Or, depending on certain factors, the lender can see you in court.
The relationship between notes, deeds, mortgages, foreclosures, borrowers, etc:
3 parties are always involved in a deed of trust sale:
Trustor = Borrower
Beneficiary = Person lending the money (mortgagee)
Trustee: Whoever is handling the transaction
In a deed of trust, the trustee handles the foreclosure for the beneficiary; in a mortgage, a lawyer handles the foreclosure for the beneficiary. A mortgage and deed of trust are two separate and different things, but perform the same function -acting as security instruments until the property and loan is completely paid off.
In the event of a foreclosure, there are usually 2 major ways to handle it:
Equity Split
Equity Split
Sometimes however, should the property and case require it, there is the "subject to" transaction which bases purchase on the existing financing of the real property. - 23210
The legalities of Redemption Rights: Whenever you purchase real estate with a special defeasible title, you can also purchase along with it, the redemption rights. Doing so ensures that the title you hold is permanent and can't be bought back by the owner. Laws that handle this type of transaction differ with each state, and can be confusing. Consult your real estate attorney if you want a fair trade.
More or less, the owner you'll be buying the property from will be under a lot of stress -making them unaware of their own property's equity values. Equity factors in the price of redemption rights. Ethics dictate a minimum of $1500 for perusing redemption rights; should the owner demand more, again, consult your real estate attorney.
Furthermore, there's a good chance that the owner you're buying redemption rights from is currently handling a great deal of stress -their property is being auctioned off! It's likely that they're not aware of the equity. You however, as the buyer, should be aware of such. Tradition and, well, ethics pertain to the rule of thumb: $1500 for redemption rights. Should they ask for more, check the property's equity and again, consult your attorney.
Acquiring Property:A lot of hopeful homeowners, besides scouting out good property, usually start with getting a loan. A note is the borrowed money, say $200,000. When you use that note to purchase real estate, you are issued a mortgage or deed of trust -this is the security instrument. So when you're paying off your loan, it's called paying off your mortgage. If you, the owner and borrower can no longer pay for your mortgage, your property can be foreclosed -that is repossessed, confiscated, or taken as collateral. Or, depending on certain factors, the lender can see you in court.
The relationship between notes, deeds, mortgages, foreclosures, borrowers, etc:
3 parties are always involved in a deed of trust sale:
Trustor = Borrower
Beneficiary = Person lending the money (mortgagee)
Trustee: Whoever is handling the transaction
In a deed of trust, the trustee handles the foreclosure for the beneficiary; in a mortgage, a lawyer handles the foreclosure for the beneficiary. A mortgage and deed of trust are two separate and different things, but perform the same function -acting as security instruments until the property and loan is completely paid off.
In the event of a foreclosure, there are usually 2 major ways to handle it:
Equity Split
Equity Split
Sometimes however, should the property and case require it, there is the "subject to" transaction which bases purchase on the existing financing of the real property. - 23210
About the Author:
Want to know more about real estate? Log on to Don Burnham's website http://www.weknowthewayback.com and know everything from redemptions and foreclosure all under one roof.
posted by X - Men @ 2:22 AM
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