2 About the Speaker» Aaron Lebovic is a third genera3on real estate investor. He graduated from the University of Denver in March of 2002 with a BS in Business Administra3on and a Major in Finance and Marke3ng.» Nego3ated, managed, and coordinated over 130 real estate transac3ons in 4 states, totaling over $23 Million in value.» Aaron is a licensed Colorado Real Estate Broker, holding his license at Your Castle Real Estate, and was a Director at the Denver Metro Associa3on of Realtors » Aaron is co- owner of a source for short sale, foreclosure, and REO leads mostly unlisted on the MLS!
3 About the Speaker (con3nued)» Buy & Sell as- is» Buy, Fix, & Sell» Buy & hold» Hard money lender» Mul3ple forms of partnership Money partner, working partner, half/half Aaron Lebovic is not an AZorney, Mortgage Broker, or CPA. He is a broker and investor, and this is all from an investor s perspec3ve. No legal or financial advice is given or implied. Consult with your A;orney and CPA!
4 Talking Points 1. Defini3ons 2. Timeline 3. Resources 4. Preparing to bid 5. Bidding at the auc3on 6. Risks of buying at the auc3on 7. Ways to protect yourself 8. Sta3s3cs 9. Q&A
5 Defini3ons No?ce of Elec?on and Demand (NED): WriZen no3ce that a lender is elec3ng to foreclose on its deed of trust and a demand that the public trustee sell the subject property at public sale. The lender starts the foreclosure process by filing this document with the public trustee who then records it with the county clerk and recorder. Bank Bid: Opening bid amount determined by the Lender as a minimum amount it would accept at sale Cer?ficate of Purchase: Recorded with the county clerk and recorder within 5 business days aeer the sale in the name of the winning bidder. It states the 3me and date of the sale, the name of the purchaser, and the purchase price. This is not a deed. It can be assigned.
6 Defini3ons Lien Posi?on: First in 3me (recorded), first in line. Example: 1 st = January 09 - $200,000 deed of trust 2 nd = April 09 - $10,000 deed of trust 3 rd = May 10 - $20,000 mechanics lien Redemp?on: A junior lien holder can protect its interest in the property by paying off the auc3on buyer and then owning the property (or paying any senior junior liens who redeemed). Note for junior lien holder redemp3on rights, most liens must be valid & recorded prior to the NED (there are some excep3ons). This class only discusses the Colorado process and Public Trustee Foreclosures and NED s filed AFTER 12/31/07
7 Talking Points 1. Defini3ons 2. Timeline 3. Resources 4. Preparing to bid 5. Bidding at the auc3on 6. Risks of buying at the auc3on 7. Ways to protect yourself 8. Sta3s3cs 9. Q&A
8 Foreclosure Timeline for NED s Filed AFTER 12/31/2007 Pre Foreclosure Default Public Trustee records NED NED Notice of Intent to Cure Must be filed at least 15 days before Sale Cure by noon day before sale Non-Agricultural Cure Period days Lender can expedite if abandoned Public Trustee Sale Certificate of Purchase issued w/in 5 days of sale Lienor Intent to Redeem Must be filed within 8 business days after sale business days Pre-NED Lienor Redemption Period 1 st Junior Lien 5 business days The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open the file again. If the red x still appears, you may have to delete the image and then insert it again. 2 nd Junior Lien 5 business days 3 rd Juninor Lien RENAV
9 Like us on Facebook You could win a $100 gie card to Home Depot Benefits: Learn about upcoming events and deals. See interesting articles that matter to you! Learn about new strategy videos and website enhancements.
10 Talking Points 1. Defini3ons 2. Timeline 3. Resources 4. Preparing to bid 5. Bidding at the auc3on 6. Risks of buying at the auc3on 7. Ways to protect yourself 8. Sta3s3cs 9. Q&A
11 How do I find out what is in foreclosure, and what is going to auc3on?» New NED filings:» County Public Trustee Website» Data providers like Renav.com and Realtytrac» Foreclosure auc?on BIDS:» County Public Trustee Website» Renav.com
16 Talking Points 1. Defini3ons 2. Timeline 3. Resources 4. Preparing to bid 5. Bidding at the auc3on 6. Risks of buying at the auc3on 7. Ways to protect yourself 8. Sta3s3cs 9. Q&A
17 Preparing to Bid» Foreclosure Auc3ons are held weekly» Lender submits bid by noon two business days before auc3on» Public Trustee posts bids online around 3pm, or service providers will package informa3on in an easy format within 45 minutes. Let the research and due diligence begin!
22 Talking Points 1. Defini3ons 2. Timeline 3. Resources 4. Preparing to bid 5. Bidding at the auc3on 6. Risks of buying at the auc3on 7. Ways to protect yourself 8. Sta3s3cs 9. Q&A
23 Bidding at the Foreclosure Auc3on (Denver)» Opening bid amount can be what is owed or less.» Lender can retract a bid any3me before the auc3on.» Bring cashiers check payable to Denver County Public Trustee for at least $1 more than opening bid.» Submit to Public Trustee a Registra3on to Bid by 9:30am» Bankruptcy, if appropriately filed, can stop the sale.
24 Bidding at the Foreclosure Auc3on (Con3nued)» Trustee iden3fies the property» All bidders are confirmed to be present» The first bidder called opens the bidding at $1 over the lenders bid» All registered bidders go around the room one by one bidding each other up, un3l one at a 3me they drop out.» The highest increment that can be bid is $2,500 above the current high bid.
25 Bidding at the Foreclosure Auc3on (Con3nued)» Winning Bidder hands over check immediately.» If winning bidder doesn t come in with balance of overbid funds by 2pm, an e- mail will be sent to all other bidders by around 3pm to bring in 100% funds of their highest bid, and highest bidder to show up with check at 4:30pm wins the property.» A cer3ficate of purchase is recorded in the winning bidders name within 5 business days.
26 Bidding at the Foreclosure Auc3on (Con3nued)» If no other lien holders redeem, the Public Trustee issues as Confirma3on Deed aeer the redemp3on periods have expired.» Proceeds from sale are used to pay the foreclosing lender, junior liens and the homeowner.» If a senior lien holder forecloses all junior lien holders interests (assuming there is no overbid and/or no intent to redeem filed) are wiped off 3tle.» If a junior lien forecloses, the winning bidder gets 3tle subject to the senior lien holder s interests. Example: 1 st Lien: $100,000 2 nd Lien: $50,000 3 rd Lien: $10,000
27 Real Estate Brokers» Brokers can make a commission by represen3ng auc3on buyers:» Sec3on 7.2 of Buyer Agency Agreement requires purchaser to pay a SUCCESS FEE» Brokers can enter into an agreement and invoice buyers for compensa3on, just like a doctor or azorney would, and also CYA. **Consult with your a;orney and managing broker**
28 Talking Points 1. Defini3ons 2. Timeline 3. Resources 4. Preparing to bid 5. Bidding at the auc3on 6. Risks of buying at the auc3on 7. Ways to protect yourself 8. Sta3s3cs 9. Q&A
29 Risks of Buying at the Auc3on» Sales are final.» Title problems» Evic3on - Damage by occupants» No appraisal or any kind of inspec3ons» There might be an unpaid water bill, property taxes, city viola3ons, most previous 6 months of HOA bills, and other local (district) taxing authori3es which are statutory and super- liens which the auc3on buyer MUST PAY.
30 Risks of Buying at the Auc3on (Con3nued)» You buy in as- is condi3on. There may be water damage, mold, asbestos, meth (or other bio- hazard), structural damage, broken sewer line, house may have been guzed down to studs» You may overpay» Another lien holder may redeem you out, in which case you will get paid interest at the note rate, and expenses» The IRS tax lien recorded at least 30 days before the auc3on has a special redemp3on period of up to 120 days aeer the auc3on. Other Federal Liens have a One Year redemp3on period.» If a junior lienholder was not serviced with Foreclosure no3ce, they are an omized party and have special redemp3on rights
31 Talking Points 1. Defini3ons 2. Timeline 3. Resources 4. Preparing to bid 5. Bidding at the auc3on 6. Risks of buying at the auc3on 7. Ways to protect yourself 8. Sta3s3cs 9. Q&A
32 Protect Yourself» Check the water bill, unpaid taxes, HOA balance, city liens» Get an O&E and a Title Commitment» Pull comparables from a trusted source» Always drive by!» You are bidding on the LEGAL DESCRIPTION IN THE DEED OF TRUST BEING FORECLOSED, not the commonly known address!» Watch out for divided duplexes and mul3- units» Pay for your Title Insurance and Property Insurance IMMEDIATELY aeer purchase at the auc3on
33 Protect Yourself Built ,106sf Single Family Home Tax value $399,800 Opening Bid: $285,000
34 Talking Points 1. Defini3ons 2. Timeline 3. Resources 4. Preparing to bid 5. Bidding at the auc3on 6. Risks of buying at the auc3on 7. Ways to protect yourself 8. Sta3s3cs 9. Q&A
35 Sta3s3cs (Denver County)» Scheduled for Denver County auc?on in 2012:» 3,611 proper3es were scheduled (4,370 in 11)» 638 of the above proper3es sale dates were pushed from 12 into 13» 1,494 proper3es actually went to sale (2,171 in 11)» 388 (26%) were sold to 3rd party bidders (74% of sales went back to the bank in Denver. 82% in all 19 coun3es)» 3rd Party Bids» Of the 388 proper3es bought by 3rd par3es in 12:» $1-100,000 = 129 bids» $100, ,000 = 190 bids» $200,001 - $300,000 = 46 bids» $300,001 - $400,000 = 14 bids» $400,001 - $500,000 = 5 bids» $500,001+ = 4 bids
37 Pricing Matrix
38 How do I get in on these deals?!? Your Source of SHORT SALE, FORECLOSURE, and REO deals! Visit Renav.com/Promo Code: ICOR 10% off ANY subscrip?on! Save every month as long as you con?nue to subscribe (cancel any?me) OR prepay for 6 months (ADD L 5% off) or 1 year (ADD L 10% off) for MORE SAVINGS! Daily unlimited leads and property alerts Prospec?ng, market reports, and communica?ons tools Auc?on proper?es that recently sold that YOU SHOULD BE MAKING OFFERS ON! Cancel any?me!
39 Upcoming Classes March 24 TH, 2013 DETAILED FORECLOSURE CLASS! A;end the 2 day ICOR seminar on March 23 rd and March 24th: Specific 3mes to find deals before, at, and ader the auc?on! step- by- step property qualifica3on process specific ways to minimize risk including websites and phone numbers ways to legally get inside of proper3es before auc3on Junior Lien holder Redemp3on's - what, where, who, and how borrow money and make your lender protected the en3re 3me, including lenders working with Auc3on buyers. Cost: $300 for one person $200 per person for a group of 2+ that sign up together
40 Like us on Facebook You could win a $100 gie card to Home Depot Benefits: Learn about upcoming events and deals. See interesting articles that matter to you! Learn about new strategy videos and website enhancements.
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