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Saturday, March 8, 2014

How to buy a foreclosure property

K Ramanathan
 
Foreclosure, the word we heard frequently in the media a few years back in the midst of economic crisis that struck the world. Many home loan borrowers in the US in particular had declared bankruptcy for they were unable to pay EMIs due to loss of employment or reduction in salaries.

Many lenders (banks, financial institutions), who had given home loans indiscriminately on high interest rates in the upswing real estate market, had to suffer due to sudden crash in real estate prices and loss of payment means for the borrowers, who had no option but to surrender their property to the banks for foreclosure.

There became the word a most talked-about in the US and other European countries. Foreclosure is an option given by a borrower to the banks, who could take back the property using court system if the borrower failed to honour the agreement of paying back the loan as per the agreement. The bank, once get the possession of the property can sell it at the market price and pay back the difference, if any, to the defaulter. 

The greatest disadvantage for the defaulter is that his credit rating will get a beating and he will not be given loans by any financial institutions for his future needs.  However, if the amount collected through ‘auction’ of the property by the bank is much lower than the balance loan amount, then the bank has the right to ask sureties, who stood by the borrowers at the time of signing the loan agreement, to settle the balance loan amount. In case, the bank was not able to realise the loan amount fully through auction or surities, it can take possession of other immovable properties of the defaulter like jewellery or valuable items equal to the standing loan amount.

Now, if one wants to purchase a foreclosed home there are certain advantages and disadvantages. One has to take several things into consideration before deciding to buy a home on auction by banks.

The greatest advantage is low price. The banks, which are selling a property, will have their own interest to realize the outstanding due amount with interest only. The lender thus, would be ready for negotiating on the basic prices of the home under auction.  So, those who wish to buy the bank property can bargain and even seal the deal for a lesser amount than the market price.

If one chooses to sell the home later, he or she will most likely to make a good profit as the buyer would have paid less amount at the time of auction. Many in India do buy such houses at a foreclosure auction, make necessary changes or repairs and then sell it and book profit.

Secondly, since the bank is selling the property, there will not be any encumbrances against the property and the sale deeds will be clear. So, the buyers need not have to unnecessarily spend money on legal charges.  Thirdly, the buyer gets the ready-to-move in house with, may be, with little bit of repair or alternation works.

On disadvantage part, the buyer has to pay money in cash and will not have time to go for bank loan as banks selling such properties would want to realize the money at the earliest. Secondly, the previous owners, sensing that their property will go under the hammer, may do damage to their building, which can cost dearly for the buyers at a later stage. Thirdly, the buyers seldom get a chance to inspect the property with experts to understand the structural stability and other quality details.  

So, it is a big risk he takes when he buys a property from banks, whose quality he is not aware of.  On physiological part, the buyer should be aware of the fact that he gains the house at someone’s expense. Those who believe in vaastu and other structural measures prescribed by Hindu scriptures may find most of the houses do not comply with those standards

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