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Wednesday, July 22, 2009

Real Estate And Its Info

By Don Burnham

When you buy property at auction in a state that has redemption laws, you get a special deed or special title. Because the owner has a number of months in which they can repay the purchase price and redeem their property, it's called a defeasible title. That is, one that can be defeated, which means that you don't have clear title yet.

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.

This note is used to buy property, and comes with a security instrument -a binding legal contract that ensures you pay the note in full. This is called a deed of trust, or more popularly, a mortgage (though the two are different things). Should the borrower be unable to pay the note in full, the lender can take the borrower to court, or even put the property under foreclosure -the process of taking the property as collateral for the money borrowed.

Notes, deeds of trust, mortgages, real estate -an overview

In any foreclosure process, there are 3 key players:

Trustor = Borrower

Beneficiary = Person lending the money (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:

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. - 23305

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