Buyers and investors are certainly aware from news stories that there has been a rise in the amount of foreclosures throughout the country. This would seem to present an opportunity to many buyers/investors who are looking for a bargain in the current housing market. Experienced investors who are savvy when viewing foreclosed properties are aware of the expectations and pitfalls when considering a purchase of a foreclosed home. For many first time buyers or new investors, the rewards of a foreclosed property may overshadow the reality of what can be involved in buying a foreclosed home.
When buying a foreclosed property in New Jersey potential buyers should be aware of the process involved. As a lien theory state, the deed is in the name of the borrower and the mortgage lender must initiate a judicial proceeding for foreclosure. This can take some 12-15 months in New Jersey, so buyers need to have the patience to wait out the process. Once the Bergen County Sheriff’s Sale occurs, the successful bidder will receive a Sheriff’s Deed. However, unlike a normal home sale where a title company will provide clear title to the property, the Sheriff’s Deed does not give clear title. All outstanding liens must be satisfied before a buyer will obtain clear title. While the Sheriff’s Sale will pay off the cost of the sale and the mortgage, there could still be other lien encumbrances placed against the property by other creditors.
Moreover, in the State of New Jersey, the current owner of the foreclosed property has the right of redemption for 10 days after the sale. This means that even though a buyer may have successfully bid at a Sheriff’s Sale, the original owner can still retain title to the property. Also, if the borrower objected to the sheriff’s sale, the redemption period may be longer until the courts can rule on the objection.
Buyers also need to be aware that foreclosed properties are sold “as is.” In a normal real estate transaction, the buyer has the ability to perform a home inspection and do a walk through prior to the closing. In a foreclosure, the buyer usually has limited or no access to the property in order to assess the condition. Sometimes buyers are faced with additional expenses to repair a foreclosed home due to structural damage, missing fixtures, and may have to replace missing appliances, cabinets and plumbing.
It is good practice as in a normal real estate transaction to seek the advice of a professional when considering a foreclosed property. Talk to your local real estate agent, seek representation, and obtain the advice of your attorney. It is also good practice to seek advice of counsel when dealing directly with the owner of a pre-foreclosure home.
John is a lifelong resident of Bergen County. He provides the ability to search listings in Bergen County NJ at http://www.njhousehunter.net/search-listings.asp. There is additional information about communities within Bergen County at http://www.njhousehunter.net/community-info.asp
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