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.
Whenever you make a purchase such as this, you can always buy the redemption rights from the owner -making the title you hold clear, or in simpler terms: permanent. It's always a good idea to consult your real estate lawyer with regards to handling this type of case as the laws differ from state to state. If you're not careful, you can and will get screwed over.
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:
In any foreclosure process, there are 3 key players:
Trustor = Borrower
Beneficiary: Whoever lends the money (aka mortgagee)
Trustee = Party 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.
There are two major strategies in the foreclosure business:
Short Sale
Equity Split
More expensive properties however, require a subject to transaction -utilizing the existing financing for a property. - 23200
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.
Whenever you make a purchase such as this, you can always buy the redemption rights from the owner -making the title you hold clear, or in simpler terms: permanent. It's always a good idea to consult your real estate lawyer with regards to handling this type of case as the laws differ from state to state. If you're not careful, you can and will get screwed over.
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:
In any foreclosure process, there are 3 key players:
Trustor = Borrower
Beneficiary: Whoever lends the money (aka mortgagee)
Trustee = Party 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.
There are two major strategies in the foreclosure business:
Short Sale
Equity Split
More expensive properties however, require a subject to transaction -utilizing the existing financing for a property. - 23200
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 @ 2:24 AM
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