It's probably happened to you...
Folks learn that you know something about real estate investing
and they eagerly ask you about buying foreclosure property.
The general assumption is that they can buy a beautiful home at
a deep discount at a foreclosure auction.
Their smiles fade when you explain that they will have to pay
cash on the spot and they must be able to research title to be
sure they aren't buying trouble.
But wait... there's more... There is also a little something
called the "Durrett Rule".
Oh boy... can that be a like a knife in the back. For example:
You spend the time and effort scouting out a nice home scheduled
for foreclosure auction. You search title and scare up the cash
to have in your pocket when you go to the sale.
Hurray... You have the winning bid at the foreclosure sale and
buy the home at about a 40% discount to market value. After
doing your happy dance you spend the next few weeks doing needed
fix up. Then you find a renter and settle back to collect rents
for the next few years.
But wait! Who's that knocking on the door.
Why it's a nice man who says he is taking the home away from
you. Who is this pretentious devil? He is the dreaded...
BANKRUPTCY TRUSTEE!
Shortly after the original homeowner lost his house he filed for
bankruptcy. The wheels of the bankruptcy court grind slowly and
the trustee just recently learned that the house had been sold
at the auction.
And... The foreclosed upon owner had a nice hunk of equity in
the home when he lost it. Uh oh.. get ready for this. It is
trustee's job to capture that equity so it can be distributed
among the bankrupt home owner's creditors.
Can he do that?
Yes! Under the power granted by The Durrett Rule the trustee can
show you the door and claim the home in the name of the
bankruptcy court.
You, see the bankruptcy court has more power than Edison
Electric. It can do about anything it wants when it comes to
assets and creditors.
Oh sure, months later, after a battle in the bankruptcy court,
you should be able to recover the money you paid for the home.
Of course... no interest is paid on the money for the time it is
tied up in court and you will not be able to recover the fix-up
costs or attorney fees needed to get your money back.
Buying at foreclosure sales is not for sissies! Stick to an easy
money tactic... buy in the preforeclosure period.
About Author :
Mark Walters is a real estate investor and author. His published
works can be found at http://www.CashFlowInstitute.com