Considering Buying a Foreclosure? Read this first
If you are considering purchasing a foreclosure or pre-foreclosure property have your title search completed as part of your due diligence. No adequate assessment of the true amount of equity required for the targeted foreclosure property, and therefore of potential profit, can be made until you know what liens and/or encumbrances are recorded against the property.
A Title search of the property is undertaken in most real estate transactions by the buyer’s attorney or a title company. It is a way of assuring the advisor to the buyer that the party offering this property for sale has the legal right to do so, that the correct legal description of the property was used in the recorded documents, and that there is nothing preventing the buyer from owning exactly what he intends to purchase.
This search of the public records also gives the details of who has previously owned the property (the Chain of Title). It typically includes a tax search, which reveals if any real estate taxes are owed and also any charges against the land itself. Any unpaid property taxes maintain priority over most other liens. If you were to purchase a pre-foreclosure without knowledge of a tax lien, then you face the loss of your new investment unless you settle the debt. Title insurance could have protected you, but there’s no going back…
Just as important in the review is to locate any unsatisfied judgments against the owner/seller or any of the previous owners (most judgments are enforceable against the property for 10 years). Mechanics liens, judgment decrees, and unpaid federal income taxes are just a few examples of liens which may have priority over the lenders rights. It is not unusual for a property in foreclosure to have debts owed on second or even third mortgages (junior liens). Junior liens have a lower priority than the first mortgage holder when it comes to allocating the proceeds of the trustee or auction sale.
Your attorney will demand that the seller remove any defects in the title so that you, the buyer, receive marketable (or insurable depending on the terms of the contract) title and can obtain Owner’s title insurance. Remember, a lender’s title insurance does not protect the buyer. If you are looking to invest in the foreclosure market, take the extra step and minimize your risk. Get title insurance from an independent title agent with experience in foreclosure/REO transactions.

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