Don’t Make the Mistake of Ignoring These When You Buy or Sell Investment Real Estate
July 5th, 2008Here are several things that, if not understood, examined, and carefully dealt with by real estate investors who buy or sell property, can easily turn a dream real estate opportunity into a real estate nightmare.
- Accrued Interest: This represents unpaid interest, either in agreement or in default. When buying real estate investment property obtain an estoppel letter from the lender that indicates the status of the mortgage and shows the outstanding principal and any unpaid interest or other charges.
- Adverse Possession: A claim someone else might have to the property resulting from actual, hostile, notorious, exclusive, continuous, and under claim of right such as building locations and possible encroachments from neighbors. The claim is difficult to impose, but absentee owners have been known to be oblivious and have had it surface.
- Cloud on Title: This results from an unsatisfied lien or improperly executed document from a prior sale, mortgage satisfaction, or other legal action in the chain of title (or history of ownership). These items represent a cloud (or title defect) that you should remedy prior to taking title. This generally will appear on a title report.
- Due on Sale Clause: Lenders insert this clause into a mortgage when they want the seller to pay off the loan in the event of a sale. Unless the lender agrees to some other circumstance, as a buyer assuming the obligations of that loan, you must satisfy the lender’s requirements.
- Grandfather Clauses: Changes in local rules and regulations cause some properties to become nonconforming but allowed as a grandfather right. Always discuss the use and zoning of a prospective property with the local planning department. If a grandfather clause affects the property under consideration, be sure you understand what the restrictions are, especially in the event of a fire. Know whether you can rebuild and use the property for the purpose you desire.
It’s not a complete list, but it does represent some basic elements about property exchange that any prudent real estate investor should be acquainted with and understand. You might want to see our real estate glossary of terms…
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