Foreclosure

It is a legal process under the terms of a mortgage loan agreement, which gives the lender a right to attach the collateral property in the event of the borrower's default in principal or interest payments. The lender later sells such property for recovering his/her dues. These properties are beneficially packaged with attractive discounts and Government incentives, such as tax credit.

There are certain prerequisites for buying foreclosed property, the first step being a thorough scanning of the databases for preliminary short listing. Follow this with a visit to the site and understanding the legal aspects involved. Seek the services of a legal expert throughout the process.

• Foreclosure Prevention Act of 2008. The landmark legislation contains many clauses hugely profitable to the buyers of foreclosed property. Tax credit is one of the most important provisions of the Act.

  Conditions

  • The property should be purchased for residential purposes only.
  • The property should be purchased by a 'first-time homebuyer,' defined as, person who has not owned a house in three immediately preceding years.
  • There is an income limit fixed for single ($75,000 p.a.), as well as, joint ($150,000 p.a. jointly) buyers.

  Provisions

  • The buyer(s) gets a tax credit of $7,500, spread over two financial years.
  • The tax credit has to be repaid over a period of 15 years, at an effective rate of 6.67% p.a.

  Benefits

  • This provision is made typically keeping in mind, the affordability of a small investor.
  • This tax credit takes form of a virtual interest free loan.
  • This provision has an allied benefit of bringing the foreclosure property within the reach of prospective buyers. This, in turn, helps in driving the neighborhood property market and leads to appreciation in prices.
• Discounts. Heavy discount available on the market value is another key factor affecting the decision to buy a foreclosed property. Keep in mind that there is always further potential to bargain, as the lender's interest is often focused on recovering its due.
• Maintenance. If due care is taken in assessing the condition of the property right at the time of purchase, you are likely to save on the account of post-acquisition repair and maintenance costs.