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How to Buy Foreclosed Properties in a Court Auction

When a property owner fails to pay the mortgage, the mortgage holder can foreclose on that property. During the foreclosure process, the property owner has the opportunity to pay their delinquent debts to get their house out of foreclosure. If they are unable to make sufficient payments, the court will order the property be sold at auction. The auction takes place at a public location designated by the court.

Instructions

1.    

Locate a Property Scheduled for Auction

o    1

Research public records at the county courthouse for notices of foreclosures. Identify a list of properties within your price range that are scheduled for auction.

o    2

Research each property on your list. Determine if the property has any liens against it. Do a title search to ensure the property in unencumbered. Eval‎!uate the value of the property and decide on your maximum bid. Consider paying for an appraisal and/or a property inspection as well. More information about the actual value of the property will help you make a better buying decision.

o    3

Decide which property represents the best opportunity. Take into account property value, condition, location and your reason for purchase.

2.     Buy a Property at Auction

o    4

Contact the county clerk or trustee in charge of administering the auction. Ask for the date and time of the auction, the bidding procedures, payment requirements and the location of the auction. Contact the county clerk or trustee again the day prior to the auction to ensure it hasn't been postponed or canceled.

o    5

Go to the auction prepared to make payment. Requirements for payment vary by county. Some jurisdictions require the entire winning bid be paid by cashier's check on the spot, while others require a 10 percent down payment with the balance to be paid in a preset period of time ranging from days to weeks.

o    6

Bid on the property you wish to buy, but do not exceed your pre-determined maximum price. It's far better to lose the auction than to overpay for a property.

o    7

Make payment for your winning bid and collect your title or deed documents from the trustee. Ask what steps you need to take to finalize the purchase and take ownership. Requirements vary by county with some allowing you to take possession immediately, while other counties require the court certify the purchase first.

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Tips & Warnings

·         Do your research thoroughly before you bid on a property at auction. If you are the winning bidder, you become legally obligated to pay the price you bid for the property. If you win an auction, then discover that the property has a lien against it, you will be liable for the amount of the lien. Do your due diligence.

How to Check for Property Liens

When you're looking into buying a property, checking for property liens should be a high priority. If a previous owner (and not necessarily just the current owner) had an unpaid mortgage, delinquent taxes or other judgment resulting in a lien on the property, you might have to shoulder the burden of those liens if you buy the property. Take the necessary steps and save yourself from potential financial headaches.

Instructions

• 1

  Contact a real estate agent or other professional for guidance and advice. Doing your own reading on the Internet and elsewhere is helpful and important, but getting a professional opinion can also assist you in wading through all the local and regional rules and regulations.

• 2

  Get the correct address of the property. Make sure you have the exact address, or you could end up wasting a lot of time or money researching the wrong property.

• 3

  Find the name of the current listed owner. You can do this by contacting the local property assessor or, in some cases, by consulting an official local government website.

• 4

  Acquire the parcel number of the property. The information in Steps 2 through 4 may all be available on the Internet. Some county or local government websites include GIS programs that display a range of information about a property.

• 5

  Request information on unpaid property taxes from the local government revenue authority. You'll need the information that you collected in Steps 2 through 4.

• 6

  Check county records to find out if there are any property liens. This information may be available on the Internet, but it's best to go to the county or other local government office, in case some records are not yet available on the Internet.

• 7

  Hire an attorney if you want to help ensure that you have done an adequate search for liens. If you don't have time to do any of the work yourself, this should be your first step.

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