(Topic ID: 266422)

Foreclosure on homes advice please.....

By tech25

4 years ago


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  • 24 posts
  • 12 Pinsiders participating
  • Latest reply 4 years ago by tech25
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You

#1 4 years ago

Hello all pinheads!! seeking advice from some folks that have experience with foreclosures. Because of the corona virus I have some time to kill. There have been some foreclosures in my area that seem interesting. Now. I never acquired a foreclosure, or for that matter even put a single bid on one. I have read the procedure form the clerk in my county, and researched a couple houses. Two houses appear to be in foreclosure from a HOA, for not paying monthly fees.

These Fees, including all legal cost hover around $12,000. To my knowledge, there is no other liens on the property and no mortgage on one of them. The other one has a open end mortgage taken out in 2003, for $ 100,000. And Matures in 2043..

simple question. In theory, If I bid for the amount owed. say $12,000, and win. Do I now own a house worth hundreds of thousands free and clear??? if no liens and mortgage is attached??

#2 4 years ago

What? I think you’re in the wrong place.

#3 4 years ago

You had better do a lot more digging on the"To my knowledge, there is no other liens on the property and no mortgage on one of them. The other one has a open end mortgage taken out in 2003, for $ 100,000. And Matures in 2043"
Case number 1, how did you determine that there are no liens or a mortgage?
Case number 2, a 40 year mortgage sounds a little out of the norm.

#4 4 years ago

Usually, foreclosed homes are a nightmare.

There might be others on here who will know better.

I like you area, my family used to have a condo in Stuart.

There was this restaurant/bar a little north of Staurt that had the best blackened grouper sandwich. I can't remember the name of the place, but that had pool tables...I want to say it's called Jensen Ale House.

#5 4 years ago

I believe, in simplest terms, if you purchase a foreclosed home from the mortgage company you do not owe the balance on a mortgage. That is the point of foreclosure. The entity servicing the debt would like to recoup as much of that as possible and can only do so by selling the asset. Outstanding HOA dues, loans attached to the property, etc. I would image are a separate liability.

BTW - homes that are in foreclosure due to unpaid HOA fees rarely actually end up going through foreclosure.

#6 4 years ago

While not a foreclosure, I purchased a "short sale" home several years ago. It's probably the same with foreclosure, but once you get past any realtor that may be involved and negotiate the actual price of purchase with the bank(S) involved, all you owe is that purchase price agreed between you and the bank(S). It's a brand new loan generated (unless you pay with cash), and has nothing to do with the previous owners money owed. The previous owner would then still be liable for whatever they owed on the house, which is no longer in their possession, or whatever they can negotiate down with the bank(S) them selves.

#7 4 years ago
Quoted from elcolonel:

You had better do a lot more digging on the"To my knowledge, there is no other liens on the property and no mortgage on one of them. The other one has a open end mortgage taken out in 2003, for $ 100,000. And Matures in 2043"
Case number 1, how did you determine that there are no liens or a mortgage?
Case number 2, a 40 year mortgage sounds a little out of the norm.

I got this information from the county clerk. I also referenced my own home to compare known facts with what they stated as truth and its matched up 100%, regarding my own home.

Am i 100% certain?? no. but beside hiring a title company to do a check, thats what I am going on.

and yes... it is a 40 year open end mortgage, I called my bank and confirmed that is possible to have.

#8 4 years ago
Quoted from Trekkie1978:

Usually, foreclosed homes are a nightmare.
There might be others on here who will know better.
I like you area, my family used to have a condo in Stuart.
There was this restaurant/bar a little north of Staurt that had the best blackened grouper sandwich. I can't remember the name of the place, but that had pool tables...I want to say it's called Jensen Ale House.

Yup you are correct about that place. Its very good. I love stuart, but damn.... they housing prices have gone up huge lately.

#9 4 years ago
Quoted from robotron911:

I believe, in simplest terms, if you purchase a foreclosed home from the mortgage company you do not owe the balance on a mortgage. That is the point of foreclosure. The entity servicing the debt would like to recoup as much of that as possible and can only do so by selling the asset. Outstanding HOA dues, loans attached to the property, etc. I would image are a separate liability.
BTW - homes that are in foreclosure due to unpaid HOA fees rarely actually end up going through foreclosure.

Can you clarify why unpaid HOA fees dont go through foreclosure.. Because in my neck of the woods, there are 2 coming up for this exact reason. They have not actually gone to bidding yet, but are due next week. I am going to watch and see what happens. Im learning as much as I can and taking myself on a crash course of this in the last couple days.

#10 4 years ago

You should do a TON more research IMHO.

There are multiple types of foreclosures and every property and county will be different.
Lots of buyers so dont expect screaming deals, but rather "deals with risk"
Do you research and you can mitigate that risk to some degree.

I have purchased one foreclosure in the past and would do it again.
The old guy that owned the property went to jail for the remainder of his life and let it go to the bank. He had a son that was not interested int he property or timing of dealing with it and dad had refinanced just a few years before jail (he knew he was going is my best guess).
It was a long drawn out process where old guy was long gone, bank took it back over, bank resold to another bank, and then it came up for foreclosure auction. House went through some deferred upkeep in that 18-20 month time span.

It did not sell for reserve price at auction (typical from my research for online clearing house of bank owned).
Not typical if a county run auction.

You should do everything you can to have eyes on and inside the house before bidding. The more you can know about condition, the better!
If there is a current tenant then pay $ to inspect in advance. If it is vacant then do what you can to legally check it out.

I personally was lucky enough to see the son cleaning out some furniture one day and got to inspect the property so I knew much more about condition than everyone else.

You will need full purchase price on hand once you win. Typically payment in full is due that day or within 48hr depending on auction.
You will need to secure the property immediately upon ownership and be ready for so much more than you ever planned.

Buying a foreclosure is way more leg work up front, but it can pay off.

Fair warning that I know others that have taken a huge bath. Things like rotten subfloors from slow leaking toilets in vacant homes over the past 2 years.

If you are serious, then the very first thing I suggest is attending an auciton where you have no $ and no plan/ability to purchase. Spend the time watching how it all happens. It will help you remove any emotion, have knowledge, and the county people will be happy to answer questions when you tell them you are interested but nit buying currently. Just trying to learn.

#11 4 years ago
Quoted from Whysnow:

You should do a TON more research IMHO.
There are multiple types of foreclosures and every property and county will be different.
Lots of buyers so dont expect screaming deals, but rather "deals with risk"
Do you research and you can mitigate that risk to some degree.
I have purchased one foreclosure in the past and would do it again.
The old guy that owned the property went to jail for the remainder of his life and let it go to the bank. He had a son that was not interested int he property or timing of dealing with it and dad had refinanced just a few years before jail (he knew he was going is my best guess).
It was a long drawn out process where old guy was long gone, bank took it back over, bank resold to another bank, and then it came up for foreclosure auction. House went through some deferred upkeep in that 18-20 month time span.
It did not sell for reserve price at auction (typical from my research for online clearing house of bank owned).
Not typical if a county run auction.
You should do everything you can to have eyes on and inside the house before bidding. The more you can know about condition, the better!
If there is a current tenant then pay $ to inspect in advance. If it is vacant then do what you can to legally check it out.
I personally was lucky enough to see the son cleaning out some furniture one day and got to inspect the property so I knew much more about condition than everyone else.
You will need full purchase price on hand once you win. Typically payment in full is due that day or within 48hr depending on auction.
You will need to secure the property immediately upon ownership and be ready for so much more than you ever planned.
Buying a foreclosure is way more leg work up front, but it can pay off.
Fair warning that I know others that have taken a huge bath. Things like rotten subfloors from slow leaking toilets in vacant homes over the past 2 years.
If you are serious, then the very first thing I suggest is attending an auciton where you have no $ and no plan/ability to purchase. Spend the time watching how it all happens. It will help you remove any emotion, have knowledge, and the county people will be happy to answer questions when you tell them you are interested but nit buying currently. Just trying to learn.

Thank you.. exactly what I was looking for.. someone with past experience. A couple county led auctions are coming up soon and I plan on just watching and learning. I was reading about evicting people if said property is won. I understand the procedures. But one question.... what stops someone, that knows their house is no longer theirs and they got a eviction notice to not just trash the place?? Is there anything that can happen if they decide to pour concrete down the drain. remove the ac units. damage walls. ect.. ?

#12 4 years ago

Do some research on what an HOA foreclosure really means in FL.

Typically it just means the process for putting a lien on the property, not to take possession. An HOA lien is usually secondary to any financing lien by a bank, but would need to be removed before transferring ownership of the property.

The lien is transferable, and can be sold like selling debts to a collector. Is this what you are seeing on these properties?

#13 4 years ago
Quoted from Black_Knight:

Do some research on what an HOA foreclosure really means in FL.
Typically it just means the process for putting a lien on the property, not to take possession. An HOA lien is usually secondary to any financing lien by a bank, but would need to be removed before transferring ownership of the property.
The lien is transferable, and can be sold like selling debts to a collector. Is this what you are seeing on these properties?

I admit.. I do not know everything about HOA lien/foreclosure in this county in Florida..But from my understanding, the HOA actually takes priority over any other liens, that includes mortgage, mechanics leans, ect. And they have the power to foreclose ( actually sell ) your property. I have read ( via clerks office records ) the final judgement from court that these houses will auctioned off on some said date, because HOA went from a lien, to now a straight up foreclosure.

But you bring up some good points. I will call a HOA and ask them if that is possible and happens to be 100 %

Thanks for the idea.

#14 4 years ago
Quoted from tech25:

what stops someone, that knows their house is no longer theirs and they got a eviction notice to not just trash the place??

in short... nothing

longer answer, you... If you are buying an occupied property, then be prepared that anything can and will happen.
I personally would rather make contact with an occupied owner that is approaching foreclosure and help them to get out of a bad situation and get me into the house safely. We are all humans here and anyone getting foreclosed on has likely just had some bad luck and could use a hand.

While I have not done so yet, I would research and then reach out to someone in the midst of foreclosure to try and see if you can help each other out.
Best case example:
200k value of home
Owner owes 170k and is 6 months behind so owes an additional 7k in back due and late fees.
You make contact and agree to take over mortgage, pay the back fees, and help get them moved into a new place to rent/live.
I have read many stories of this working in the past.
You get the house for 180k in total so 10% under market.
They get out without losing it all and a lifetime hit on credit history.
The house it not trashed.

You could also negotiate renting to them. Risky since they already cant make home payments, but possible.

#15 4 years ago

Stay away from investing In things you have no knowledge about ...there are tons of flippers in your area that destroy you ..it’s never a good idea to invest in something your not familiar with ..if you have cash now ..hold onto it ..things may get worse and you should hold onto your liquidity

#16 4 years ago

Whysnow You bring up a good point. I suspected since these homes are already in foreclosure, and gone through court and are finalized, they are bitter. I just assumed they wouldn't talk to me about the situation they are in and would view me as a vulture seeking to profit from their misfortune. Helping is the noble thing to do. On the other hand, someone will swoop in and take advantage of the situation to make profit. Some might say that is capitalism....

Thats not who I am, I would like to help. It makes sense to try to reach out to them and see if anything can be done to help, thus.. helping both parties. its a 50/50 shot, not bad odds. I will try to contact people when Im ready to go ahead with a deal.

thanks

#17 4 years ago
Quoted from spikelou2:

Stay away from investing In things you have no knowledge about ...there are tons of flippers in your area that destroy you ..it’s never a good idea to invest in something your not familiar with ..if you have cash now ..hold onto it ..things may get worse and you should hold onto your liquidity

Thanks for the advice.. its a true statement and I understand the looking out for me part. on the other hand, how does anyone ever learn anything.. if they are not familiar with something, should they not try to learn...

example, never played poker before, quickly learned and joined a tournament with 250 plus people that same night, came in third, 5 dollar buy in, walked with $800. not the same I know, and that might be the exception. but a example

be cautious and careful, especially at these times. I agree 100 %, thanks

#18 4 years ago
Quoted from tech25:

Can you clarify why unpaid HOA fees dont go through foreclosure.. Because in my neck of the woods, there are 2 coming up for this exact reason. They have not actually gone to bidding yet, but are due next week. I am going to watch and see what happens. Im learning as much as I can and taking myself on a crash course of this in the last couple days.

I'm a member of our HOA board and at least here in my area, if the homeowner goes in to bankruptcy all action related to overdue HOA fees stops

#19 4 years ago

I bought my house from short sale 2 years after it was foreclosed on. Just make sure the title is free and clear of all liens and debts, mine had 900k and 300k liens against it from previous owner. So it had to be cleared from 2 different mortgage companies before moving forward and took the 2 mortgage companys 2 years to decide who got what, second mortgage company lost there ass on it. The lady pulled a fast one that owned it and when she had the original mortgage down to 300k took the second lien of 900k in 2007 before housing market crash and bought a second house at 850k and went bankrupt and kept the 850k free and clear, scam artist. What im really trying to get at is just get a title worker to make sure the titles are clear able and your good.

#20 4 years ago

PinballTilt hmmm. maybe a place to move to in the future..thats nice of you guys. I will do further research on my end, but I think the HOA here have the homeowners by the balls.. pun intended.

#21 4 years ago

i bought a foreclosured home and live in it. banks don't care about anything other than $, it will be turn into a bid war for the best offer. Do your home inspections and see whether or not it's worth it. pretty simple.

#22 4 years ago
Quoted from Phbooms:

I bought my house from short sale 2 years after it was foreclosed on. Just make sure the title is free and clear of all liens and debts, mine had 900k and 300k liens against it from previous owner. So it had to be cleared from 2 different mortgage companies before moving forward and took the 2 mortgage companys 2 years to decide who got what, second mortgage company lost there ass on it. The lady pulled a fast one that owned it and when she had the original mortgage down to 300k took the second lien of 900k in 2007 before housing market crash and bought a second house at 850k and went bankrupt and kept the 850k free and clear, scam artist. What im really trying to get at is just get a title worker to make sure the titles are clear able and your good.

Wow. that is a heck of story. Can you elaborate on how someone can keep 850k free and clear?? maybe im slow, or not a con artist but I cant connect the dots on how exactly someone can walk clear and get away with that.

#23 4 years ago
Quoted from tech25:

Wow. that is a heck of story. Can you elaborate on how someone can keep 850k free and clear?? maybe im slow, or not a con artist but I cant connect the dots on how exactly someone can walk clear and get away with that.

All I know is she bought house with mortgage at 450k for the house then paid it down to 300k and had another mortgage company take a lien against the house at 900k. She must of known somebody at bank like a inside job. My title broker couldn't believe anybody would have done that unless it was a planned out scam. So when I was researching the house I found her name and new address and found out when she bought the new 850k house with no mortgage, you could put the dates together when she bought the new 850k house and when she got the 900k lien and see it on paper that the dates all matched. Then i found she filed bankrupt not long after my house went into foreclosure. Shady people out there man so watch your ass!

#24 4 years ago

Phbooms thanks buddy, will do.

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