Get A Home Get A Special Deed
Sometimes, when you peruse property at an auction, you're issued a special deed or title which specifies that the property is redeemable. The title you hold is temporary; the title can, in a couple months, be bought back by the owner of the property. This type of title is defeasible, or temporary, because it can still be defeated. There are specific rules attached to this type of title.
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.
Purchasing Property
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 a Deed of Trust state, there are three parties involved in the foreclosure process:
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
There may also be another option, a "subject to" transaction for more expensive properties. - 23222
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.
Purchasing Property
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 a Deed of Trust state, there are three parties involved in the foreclosure process:
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
There may also be another option, a "subject to" transaction for more expensive properties. - 23222
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 @ 2:06 AM
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