Are you currently in the market for a home in the Edmonton area? Perhaps you've encountered listings indicating that a property is either "In Foreclosure" or a "Judicial Sale"? These properties can present excellent opportunities for buyers seeking to invest in homes with potential for equity growth. However, there are crucial distinctions that buyers should bear in mind when considering these types of properties.
When a property is labeled a "Judicial Sale," it signifies that the sale of the mortgaged property is overseen by the court system. Various reasons may lead to such a scenario, including:
- Inability to resolve outstanding property debt
- Insolvency of the borrower/owner
- Default on mortgage payments with no feasible means to continue
- Existence of equity in the property after settling mortgage, taxes, and legal fees following an appraisal.
The process of a "Judicial Sale" tends to be more intricate compared to buying a property "In Foreclosure." This complexity stems from factors such as potential occupancy by the seller, involvement of multiple parties (lawyers, banks, realtors, appraisers), adherence to court dates, and procedural requirements. Moreover, courts typically prefer offers, possibly multiple, without contingencies (e.g., Financing, inspection) as once an offer is accepted and stamped by the court, the property is considered sold. However, buyers still have the opportunity to conduct due diligence on the property before submitting an offer, but this must be completed prior to the offer being presented to the courts.
In contrast, when a property is "In Foreclosure" or a "Bank-Owned Foreclosure Sale," the lender has taken possession of the property to recover owed funds. Reasons for a property entering foreclosure may include:
- Job loss or resignation by the owner
- Medical conditions preventing the owner from working
- Unmanageable debt levels and outstanding bills
- Relocation of the owner to another province or city.
Transactions involving properties "In Foreclosure" typically follow a more straightforward process than "Judicial Sales." Financial institutions often permit due diligence conditions such as Financing and Property Inspection. Additionally, there's no requirement for court dates, providing more certainty regarding closing and possession dates.
While both "Foreclosure" and "Judicial Sale" properties offer potential opportunities for buyers to invest in properties with equity-building potential, it's crucial to note that these properties are sold "As is, where is," without representations or warranties. It's advisable for buyers to review specific clause insertions and deletions within the Residential Purchase Contract with their Realtor, Lawyer, and Mortgage Broker before proceeding with an offer.