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May 26, 2012, 01:16:28 AM

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Real Estate Investing Forums  |  Real Estate Investing  |  Foreclosures, Short Sales, Tax Foreclosures, Tax Liens Forum (Moderators: $Cash$, Bluemoon06, kdhastedt, Mdhaas, motivatedceo)  |  Topic: CURE THE LOAN ,REPAIR & SALE ...HOW ? « previous next »
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Author Topic: CURE THE LOAN ,REPAIR & SALE ...HOW ?  (Read 1100 times)
TXTIFOSI
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« on: September 12, 2003, 10:46:47 AM »

I am  a nebwie , but  if  any body  have the  knowledge and  time  to  describe  exactly   this  process  will  be  a lot  of help.
My  main  concern  is  this  once they sign you  a warranty  deed  and you  can  tell them   it  may  take  2 or 3 months  before  its  out  of  their  credit  and  pay  off  , whats  next  step ?  do you  record  the  deed  at  the  courthouse ?  or  cure  the  loan  and  tell  the  mortgage  company  what  you  are  doin  or  best  not  to  tell them ?
Once   you  pass  that  stage  what  happens  when  property  is  sold  ?
you  pay  off  the  balance  and  title  company  gives  you  a  check  for  the  difference ?  or   how  exactly    do  you  work  this  out ?  

I AM  IN  SAN ANTONIO  , TX  JUST  IN CASE  ANY WEIRD LAW  HAVE  TO  BE  APPLY  TO  THIS .

PLEASE  HELP !!      banghead

THANK   YOU  FOR  YOUR  HELP  AND  TIME  .
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MikeM
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« Reply #1 on: September 28, 2003, 12:07:02 PM »

Since you say "cure the loan", I will assume they are far enough in arrears that the bank has initiated the foreclosure process. If this is the case, you need to get the owner to call the bank to obtain a current "payoff" statement. Depending where they are in that process, you may not have much time to get things done,(probably less than 45 days to auction), so move fast. Most banks will tell you 3-5 days to obtain this, count on 5-8 before you have it in hand.
Now, this is where you lose me a little bit. The 2-3 months to clear them doesn't make sense to me. I can simply tell you what we do. Let's use some fictional numbers as I don't have yours. Say a market value of 100k and the owner has some equity built up over the years and owes 50k on the original loan amount plus arrears, legal fees and penalties. Once you have the bank letter defining these amounts, the remaining is theoretically owner equity. For examples sake, let's say arrears totaled 63k implying 37k equity. You simply negotiate to pay off the arrears and give the owner some cash to get out, in this example we would offer maybe 10k. Our total in is 73k on 100k property. The current owner signs the contract and doesn't get ANY money until he calls me to do the final inspection prior to their leaving the property in broom swept and clean condition. He then gets his 10k to go start again somewhere else upon signing the Warrenty Deed at closing. The biggest wine you will get from them is that "they have all that equity still on the table". The fact is, I don't know of any investor who is going to reward them for not paying their mortgage. The other fact is that they have been living in the property, and most of these people just take from it, very few have put anything back into the house. They have simply consumed the majority of their equity through daily living wear & tear. In that sense, they have their equity. As far as telling the bank anything, if you are assuming a note, I would not tell them anything and if you are paying off the arrears, it's none of their business, they only need give you the Release of Lien. At this point it is a typical closing where all documents are indeed filed at the Recorders office to tell the world who owns what.
Now the major differance may be that we are cash investors while you may be thinking of some sort of financed purchase, I don't know.
I hope this helped rather than confused. If you like, you can comm me to chat some more about NOT talking to a bank loan you intend to assume.
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MMTJ Property Corp.
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Real Estate Investing Forums  |  Real Estate Investing  |  Foreclosures, Short Sales, Tax Foreclosures, Tax Liens Forum (Moderators: $Cash$, Bluemoon06, kdhastedt, Mdhaas, motivatedceo)  |  Topic: CURE THE LOAN ,REPAIR & SALE ...HOW ? « previous next »
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