|
This page will help you sort through
all the questions and complexities when you are considering
purchasing a power of sale or foreclosure property.
It will give you the answers to all your questions
that you may have regarding the differences between
the types of bank and mortgage sales. Plus you will
find other useful links to many questions about power
of sale properties and the process, including pre-foreclosure
properties and Tax sales.
If you want to learn and read a very detailed analysis of Power of Sale Properties and the reason why Ontario Banks choose Power of Sale versus Foreclosure and Quit Claim Deed browse here.
| POS Overview | Bank Options | Legal Aspects| Standard Charge Terms | POS Considerations | Quit Claim | Foreclosure | Power of Sale | Issues | Sale Price | POS Process | POS appropriate? | Clauses in Offer | How will Mark Protect you? | Conclusion |
Power of Sale Properties
General Power of Sale and Foreclosure Property purchase
Foreclosure
Properties
Tax Sale Properties
Pre-Foreclosure
Properties
Estate Sales 
Distressed Property Sales
More questions about Bank and Power of Sales
You may use the form below and you will receive your FREE list of
all the Power Of Sale | Estate Sale | Fixer
Upper properties from ALL the Real Estate
Companies across the GTA matching your specific criteria
- You may Email
me for More Information & Save Thousands
of Dollars. Receive ALL New Listings That Match
Your Home Buying Criteria e-mailed to you free of
Charge.
If you get these notices first you will be the first to
see the property, before most other buyers. We are then
able to help you negotiate the lowest possible price when
you purchase through us!
| POS Overview | Bank Options | Legal Aspects| Standard Charge Terms | POS Considerations | Quit Claim | Foreclosure | Power of Sale | Issues | Sale Price | POS Process | POS appropriate? | Clauses in Offer | How will Mark Protect you? | Conclusion |
What is a Power of Sale Property?
In Ontario when a borrower defaults on a home mortgage, the bank/lender most often attempts to recover its losses by selling the property using the Power of Sale clause contained in the mortgage. Due to legal fees, foregone interest and other property expenses, the estimated losses to the bank for Power of Sale properties can range from 10 percent to 30 percent of the outstanding loan balances. There are other variables that can affect the losses or costs when a property is sold via power of sale such as the deterioration of the property and the time it takes to process the paperwork.
Definition of Power of Sale: A clause commonly inserted in a mortgage and deed of trust that grants the creditor or trustee the right and authority, upon default in the payment of the debt, to advertise and sell the property through any means at it's disposal, usually MLS in Ontario (or at public auction), without resorting to a court for authorization to do so.
Once the creditor is paid out of the net proceeds,
the property is transferred by deed to the purchaser,
and the surplus, if any, is returned to the debtor. The
debtor is thereby completely divested of any interest
in the property and has no subsequent right of redemption (recovery
of property by paying the mortgage debt in full).
You will often see advertisements about Court Auctions, Pre-Forclosures, Homeowners in Bankruptcy, HUD Homes, VA Homes, Government homes and similar sounding wording. In my experience, some of these types of investment property opportunities come out of the US and are not as common here in Ontario. In our trading area, most of the POS, Tax Sale properties or foreclosure properties are put on the MLS. The reason for this is that our provincial laws are very strict about the procedure and marketing of a power of sale property and the company or person who is initiating the power of sale must do their best to obtain what is called TRUE market value as opposed to fair market value for the property, otherwise if the property is sold too far under TRUE market value, the owner could sue them for the difference.
Definition of Foreclosure or Bank Foreclosures:
A situation in which a homeowner is unable to make principal and/or interest payments on his or her mortgage, so the lender, be it a bank or building society, can seize and sell the property as stipulated in the terms of the mortgage contract.
Why fix up run-down homes? The answer is simple: Accelerated wealth creation.
Adding value to run-down homes through quick cosmetic
rehabs is one of the most powerful leverage tools
available to property investors. Traditional
'buy and hold' strategies are too slow for the investor
looking for accelerated wealth creation. On
the other hand, buy and hold strategies show strong
price growth over time and seem to work well here
in Ontario and the GTA.
So why should YOU fix up run-down homes?
Free real estate and build your instant equity
By applying a buy, fix-up and hold strategy, we are able to accelerate the equity and value of our property portfolio.
This instant increase in equity provides us with a down payment for the purchase of our next property.
It is therefore feasible that you can duplicate the process and acquire more and more property in a shorter time frame than using a traditional 'buy and hold' strategy.
The buy and hold philosophy has benefited many of my clients over the years and they are now reaping the net positive cash flow and income from the investment properties that they purchased in the past years.
You may use this form to subscribe to automatically
receive power of sale and bank sale listings in
Mississauga, Oakville and the GTA.
| POS Overview | Bank Options | Legal Aspects| Standard Charge Terms | POS Considerations | Quit Claim | Foreclosure | Power of Sale | Issues | Sale Price | POS Process | POS appropriate? | Clauses in Offer | How will Mark Protect you? | Conclusion |
|