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An agent will have access to property listings that you may not have, and an agent can assist you in drafting and reviewing the paperwork throughout the process. Check newspaper advertising for bankruptcy sale notices.
Federal bankruptcy law requires that real estate that is going to be sold as part of a bankruptcy case must be advertised locally in an effort to maximize the price. If you look in your local newspaper, or nearest large city newspaper, you are likely to find a separate section within the real estate or classified ads that lists bankruptcy sale notices.
Use online search features. Some commercial real estate companies on the Internet offer search features that let you search specifically for properties that are either in foreclosure, bankruptcy, or bank owned sales. You can set daily e-mail alerts that shows such properties on sites like realtytrac. And you may also choose to use such features to identify properties that are near you.
Part 2 of Consult with an attorney. Buying a property from a bankruptcy estate carries different concerns than buying a property directly from the owner. It is a good idea to consult with an attorney. The attorney can help you understand the sale procedures, particularly the parts that are different in bankruptcy. Some of the legal issues that arise from a bankruptcy purchase are:  X Research source whether the property is sold free and clear of all debts whether you are responsible for any outstanding obligations on the property whether you may be responsible for environmental problems on the property how you can enforce your purchase against other interested parties whether the former owner has any rights to redeem or repurchase the property.
Secure pre-approval for financing. Once you find a property is advertised for sale in a bankruptcy case, the procedure tends to move fairly quickly, and you are not likely to be able to slow it down to get financing.
A bankruptcy sale involves many interested parties, including the debtor, the bankruptcy trustee, the court itself, the mortgage holder, and the unsecured creditors.
All these people are often awaiting the outcome of the sale of the property, in order to learn if there will be cash to distribute in the bankruptcy case. The court is not likely to postpone a sale to accommodate you. Determine the legal owner of the property.
When a property is an asset in a bankruptcy case, the legal owner -- the person with the right to sell it -- may not be the individual debtor.
You, your attorney or your real estate agent, will need to investigate the court records to determine the legal owner. The bankruptcy trustee is the person with the authority to negotiate the sale of the property. If the debtor has filed a Chapter 11 or Chapter 13 bankruptcy case, then the debtor retains legal ownership of the property and has authority to negotiate the sale.
Attempt to view or inspect the property. Nevertheless, you, or your agent or attorney, should try to contact the debtor or bankruptcy trustee and get permission for a more thorough inspection. Sometimes, the newspaper advertising that lists the bankruptcy property for sale will also advertise an open house. If you see this, you should take this opportunity to view the property in more detail. These are considered as distressed properties. Be careful of the risks you might be taking if you buy the as-is property.
Part 3 of Research the fair market value of the property. A real estate agent should be able to help you with this, although Internet sources can help you do some of the work yourself. You will want to compare the property with other properties of similar size, function and location. Find out if similar properties have sold recently in the area and compile those sale prices. The fair market value of the property you are considering should be somewhat similar.
You can simply type in the street address of any property, and the site will pinpoint it on a map, identify nearby sales, and present you with a range for the property value.
Some sites that offer this feature are zillow. Work with a specialized foreclosure agent and get a professional inspection done to find out any additional liens on the foreclosed property. Research the outstanding debts on the property. If the property is being sold as part of a bankruptcy case, then you can go to the bankruptcy court and research the obligations that the debtor reported.
Review it carefully to see the total amount of mortgages on the property. You may need to search the bankruptcy docket for other documents as well. It is possible that the debtor may have left a creditor off his Schedule C report, and that creditor might file a subsequent notice of secured claim. Calculate your offer amount. Knowing the amount of debts on the property can help you anticipate what you may have to offer as a purchase price.
You will not want to exceed what you believe is the fair market value of the property, of course, but your offer will probably need to exceed the amount of the outstanding loans. Under bankruptcy law, the creditors do have the right to object to a sale price that they consider too low.
It is unlikely that such an offer would be accepted. You would not be expected or required to bid higher than the fair market value of the property. In such a case, the mortgage holders are likely to lose money. Most lenders with first and second liens will enter a bid for the property at least equal to the loan amount to ensure they receive the property and can dispose of it in a separate transaction.
Negotiate a purchase price. After you have decided what you believe to be a fair price for the property, you can make your offer to the owner or trustee. As in any negotiation, you should be prepared for some back-and-forth communication as you try to reach an agreement. Eventually, you will either reach a common price or you will decide to give up on the purchase.
Part 4 of Review a purchase and sale agreement. This is the stage where you should have an attorney or real estate agent assist you. The homeowner just filed bankruptcy and the courts are analyzing which assets will be sold to pay off the creditors.
Get a heads up before anyone else. These properties are ready for sale and offers can be submitted right online. Be quick because they will not last long at these amazing prices!
The NBBN is a resource for Bankruptcy Trustees in need for qualified real estate professionals that specialize in the sale of bankruptcy real estate.
National membership is FREE to qualified real estate professionals either with prior bankruptcy real estate experience or those that are certified through our online training courses.
Anyone who feels he or she has been discriminated against should send a complaint to: U. Follow deals and be first to know when they are available. In Review. Coming Soon. For Sale. Where are the Bankruptcies?