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Top 10 panic motivated home sellers

Top 10 panic motivated home sellers are looking for fast exit. They are not looking for market value to sell.They want cash now.

Being a Canadian real estate investor we need to find motivated Canadian home sellers.  A homeowner becomes a motivated seller due to circumstances that are beyond their control.

In Canada . it is very hard to predict the situation of their job, their marriage and the weather. Since we have a very high rate of divorces, people need to sell their matrimonial home in a hurry.  At times it is a very messy situation and none of the partners care about the money, all they want to do is punish each other.  A true motivated panic seller is looking for a fast exit in their situation. The number one requirement is cash.

Top 10 panic motivated home sellers

The most dreaded requirements are the lack of time and cash, which are working against the panic home seller. This does not leave many options, they must sell their home no matter what.  At this point the price is irrelevant, it’s just like a fire sale. They need to exit, they need to get out of the situation even if they have to take a fall or a loss by selling their house.

 Here are the top 10 panic motivated home sellers  list.

The top 10 panic motivated sellers are in need of help.

  1. Eviction:

    Eviction is when a homeowner is asked to leave or is being evicted by the sheriff for the non-payment of mortgage payments. This is where the lender or the bank repossess the property. At that time the homeowner is in a panicked situation and looking for a quick solution. At this time the banks, mortgage brokers, and realtors cannot help them. The only person who can help them are Canadian professional angel investors who know how to deal with this type of situation. When a family is being evicted they need to move into a new place without their belongings. When an eviction takes place in Canada their pets are taken away by the humane society of Canada. Usually the family becomes homeless and they are only allowed to carry very few items. The rest of their belongings can be obtained by giving a 24 hour notice.

  2. Foreclosure/Power of Sale:

In Canada we have 2 different systems to foreclose a property. In each province the laws are different even though they are all regulated by the Interest Act. A foreclosure or Power of Sale process gets started once a homeowner is more than 15 days behind their payment. In certain provinces the bank or lender do not have to go to court to start the process.

Top 10 panic motivated home sellers

In other provinces everything is a judicial process which means everything has to be processed through the provincial superior courts. One of the nastiest letters a homeowner can receive is a demand letter. This is a letter that tells the homeowner to pay up or they can be sued in a court of law. At this time the homeowner can become a very highly motivate panic home seller.

  1. Writ of seizure:

Writ of seizure is a civil enforcement directed by the courts. The ownership is seized by the sheriff and the property will be auctioned off to pay off the debtors. The whole process begins when a homeowner is unable to pay his creditor. They get a judgment from a court and the judgment is imposed by a sheriff or a bailiff. This creates a very panicked situation for the homeowner, where other creditors also become alarmed of the situation.

  1. Tax Liens:

In Canada the law states very clearly if you do not pay property taxes your house can be sold for the amount of taxes owing. In each province the laws may be a bit different but have the same implementation. Generally speaking a homeowner who is behind 3 years of property taxes will have their home sold by the city to recover taxes owing.

Top 10 panic motivated home sellers

In some provinces they can sell for only the taxes owed, compared to others where they are seeking current market value. Once a homeowner receives a notice that their house will be sold by an auction or a tender, they hit the panic button.

  1. Inheritance Property:

Since the baby boomers are becoming seniors now, upon their death the properties are merely inherited by the next of kin (children or grandchildren). They have to go through the probate process in each province under the Canada Revenue Agency (taxman). The capital gain which can be a huge sum of money has to be paid to the taxman. When somebody inherits a property they also become aware that they must pay a huge amount of taxes. Since they may not have enough cash to pay the taxes, the inherited owner becomes a panic seller.

  1. Drugs:

Alcohol, gambling, and drugs are becoming quite the norm in Canada. As a matter of fact Canada is going to legalize smoking Marijuana as of July 1 2018. Now these drug users become addicted, which sometimes requires cash. Even drug dealers, when caught, end up losing all their properties to the police or to the taxman. Grow-op houses as well as meth labs are also becoming a huge issue in Canadian real estate, these are stigmatized properties. The current owner or concerned authority sells these properties pennies on a dollar.

  1. Economic Cycle:

In Canada we have Real Estate Booms and Busts. A lot of Canadian get into the habit of speculation and gambling instead of being an investor. When the market turns they want to get rid of all their properties and they become super motivated panic sellers. Recently in Toronto after April 20 2017 an average detached house dropped by over $100,000 in value a month. From April to August, these properties lost an average value of $388,000. Some home buyers and sellers get caught during the transition, now they become super motivated panic sellers. They have the option of taking the loss of filing bankruptcy.

  1. Tired Landlords:

When the Real Estate Market goes up everyone wants to become a real estate investor. Little do they know how difficult it is to become a good landlord. Once they come across a tenant from hell or the market takes a turn they do not want to be a part of real estate. At the same time people who own real estate for a long time become exhausted due to management, maintenance, and the laws. One of the biggest issues they face is the Capital gains. Professional real estate investors have a perfect solutions for these panicked home sellers who are becoming tired.

  1. Ugly Homes:

An average house in Canada requires minimum 1% of its value to maintain it to current standards. Roof, windows, kitchens, washrooms, floorings, and furnace have a lifetime of 10-15 years. To replace them requires a fairly good chunk of money. Since 2/3rd of Canadians live paycheck to paycheck, they tend to ignore or forget about maintenance altogether. These properties become outdated and require serious renovation to bring them up to the standard. They’re known as run-down, fixer upper properties. An average home buyer cannot afford to buy them so they become a target for real estate investors who like to fix and flip them for a profit.

  1. Loss:

Loss of a Job, spouse or death can bring financial disaster. In Canada most families have more than 1 breadwinner due to circumstances beyond their control. Things like loss of job, spouse or sickness can cause them to miss or delay payments. They can only sustain up to 6 weeks unless their financial cash flow reverts. Now they become panic home sellers, thus they have a choice to lose the house to the bank or creditor, or sell it at a fire sale.

Top 10 panic motivated home sellers

These top 10 panic motivated home sellers list can assist you for quick flips for instant profit.

Canadian real estate investors rarely buy any piece of property at market value, they’re always looking for a bargain. Since they have resources for cash and are able to close a deal in a very short period of time, they are able to bank on these opportunities. There’s a new generation of real estate investors who want to make money today, instead of waiting for 10 – 20 years down the road. Do you need to learn how to become such investors? Come and attend the crash course.

Canadian Foreclosure Process

Canadian Foreclosure Process, a professional Canadian Real Estate investor should have a well understanding regarding Foreclosure process in Canada.

It is considered by all parties to be a nightmare i.e. property owner, lender. The foreclosure process in Canada can take place no matter what cycle is the market going through. The number of foreclosures tend to be high when the real estate bust cycle comes.

Canadian Foreclosure Process

Foreclosure is a legal action that a money-lender can take if the person who borrowed money using a mortgage stops paying back that mortgage. The lender is required to get a Court’s permission to foreclose the property.

Canadian Foreclosure Process

 

 

 

 

The property owner will not lose their property right away when he misses a mortgage payment or makes a late payment. Lenders try to avoid foreclosing the property if possible, due to the lengthy process involved. A lender will probably not start to foreclose until two or three months after the borrower has stopped paying. A lender tend to send out letters asking for payment first. Then, at the same time, the lender will sue them and start to foreclose. In Canada, the foreclosure process is different from province to province.

Canadian foreclosure process the lender can pursue 2 main ways to recover mortgage debt in Canada:

1. Judicial Sale

a. Conducted under the authority and supervision of the Court.
b. The lender must apply and get permission from the court prior to selling the property.
c. A lot of Court involvement for each step

A lawsuit is involved in the foreclosure process against the borrower and other parties liable.

Judicial Sale is used in the following provinces Canadian Foreclosure Process

  • Alberta
  • British Columbia
  • Saskatchewan
  • Quebec
  • Manitoba
  • Nova Scotia

2. Power of Sales

a. Without the court’s involvement, lender is allowed to sell property. This particular way was created to keep the recovery process out of the court system, as well as created the ability to make it happen at a much faster rate than a foreclosure.
b. The Process is started by sending a notice to the borrower.
c. Deficiency Judgment: A legal action against the borrower is required by the lender, after the sale of property.

Power of Sale

is mainly used in:

1. Newfoundland
2. Prince Edward Island
3. New Brunswick
4. Ontario

Generally speaking, foreclosure is a losing proposition for all the parties concerned.

There is no data available to show exact figures, and the number of mortgage defaults are different from market to market. There are nearly over 1,100 mortgage lenders in Canada. The 5 major lender report says there is a default rate of 0.26% – 0.65%

Canadian Foreclosure Process

The information mentioned above is merely a guideline and is not meant to provide a professional legal advice. For your particular case, please consult a real estate lawyer for advice.

What to do with Power of Sale in Ontario

What to do with Power of Sale in OntarioThe Ontario lenders or bank will start   power of sale proceedings if the property owner is behind mortgage payments or the mortgage is due in full. There are several other reasons where the lender can exercise power of sale as well. The lender wants to recover their investment by selling the property at fair market value.

Most of the properties of power of sale listings on multiple listing services (MLS) are sold at fair market value by licensed realtors of Ontario. By no means they are considered fire sale or at bargain prices. But the lender and bank will sell power of sale properties in Ontario “ as is” and “where is” with no warrenties.

What to do when you are facing power of sale? The options are very limited but the rights of property owner and the lender are protected by Ontario mortgage act. Let us explore options for the property owner facing power of sale.

 

Sale by Property OwnerSale by property owner

In the interim period, the property owner could continue to market the sale of the property by hiring a realtor or by themselves privately. Usually the property owner will be able to sell and save money if the property is marketed at fair market value.

 

Selling the Property to an InvestorSelling the property to a investor:

The property owner can call investors and sell it for cash with fast closing. This works if the professional real estate investor is able to come up with the cash and close the deal really fast. Sometimes the Ontario lawyers require more time. But the property owner can assist them to gather all information required to close it swiftly.

 

Lenders Proceedings too QuicklyLenders proceedings too quickly

 

If the Lender or bank issued a Notice of Sale too quickly, the proceedings may be a nullity. This could arise if demands for full payment were made and the time limit in the demand had not expired. In such cases, the mortgagee would require a Court Order allowing the power of sale proceedings to take place.

 

Pay up arrears and costsPay up Arrears and Costs:

 

Most of the time, the Lender or bank will require payment of the entire balance outstanding. Under the Act, the property owner can simply pay up the arrears and costs. If that takes place, then the mortgage is back in good standing. The enforcement proceedings of power of sale are at an end.

 

Pay arrears an d costs in courtPay arrears & costs in  court:

 

In some cases, the Lender or bank will have instituted legal proceedings including an action for recovery of possession of the property. If that is the case, the property owner still has the right to pay up the arrears and costs as well as $100 for security, and the proceedings will be stayed.

The accelerated principal need not be paid. If judgment is not been recovered, the action will be dismissed. If judgment has been recovered, the proceedings in the action will be stayed provided that “no sale or recovery of possession of the land

or final foreclosure of the equity of redemption has taken place.”

 

RefinancingRefinancing

This is very common recommendation by Ontario mortgage brokers and their agents. Low income/credit score/arrears/equity can be challenging to refinance. Banks and other lenders may not consider since the property owners are facing power of sale in Ontario.

Canadian hard money lendersCanadian hard money lenders

There are handful Canadian hard money lenders who might be able to assist the property owner who is facing power of sale in Ontario. Their rates and fees can be quite hefty. They can be a short term solution.

Findinf a Partner Joint VentureFinding a partner/Joint venture:

The property owner who is going through the proceedings of power of sale in Ontario can find a joint venture partner. The joint venture partner can inject some cash for partial ownership. This strategy requires expertise and great amount of knowledge.

Request for InformationRequest for Information:

 

The property owner is entitled to certain information from the lender or bank including the amount of the accelerated principal. Upon receipt of the request, the lender or bank is obligated to respond within 15 days, failing which no further proceedings may be taken.

If the lender or bank fails to respond without a reasonable excuse or, if the response is incomplete or incorrect, any rights that the lender or bank may have to enforce the mortgage shall be suspended until the lender or bank has complied.

 

Requisition an assignmentRequisition an Assignment:

The property owner as well as all other creditors is entitled to an assignment of the mortgage upon payment in full of the principal, interest and expenses. The right in favor of each party is separate and independent of one another. The lender or bank is obligated to reply and comply with such requests.

 

Technical IssuesTechnical Issues:

 

The power of sale notice must comply with the contract and the Act. If there are any technical or legal issues they should be raised at once and rectified by the lender or bank. Courts will usually respond to such issues and deal with the matter equitably. The property owner might be awarded costs and additional time to pay.

Injunction by CourtsInjunction by courts:

On fair and equitable grounds the property owner will be awarded an injunction by the courts. This stops the proceedings of power of sale. One condition is the mortgage payments must be kept up to date until final disposition. This will not work if the property owner has no hope of refinancing.

Partial PaymentPartial Payments:

In many cases, the property owner will have made a partial payment. This frequently occurs without the active participation of either party. The lender or bank issues the Notice, and the mortgagor’s regular cheque is cashed. This means that the proceedings will have to start over again unless the lender or bank specifically indicates that it will accept the cheque as a “partial payment only”, without staying its proceedings.

 

Cost of Power of sale proceedingsCost of Power of sale proceedings:

The Act requires the lender or bank to set out its costs being claimed in the power of sale proceedings. Failure to do so can result in delay, or the Court failing to award costs. These are some of the steps that might be taken by the property owner can exercise their right to protect.

 

Seek legal opinion in writingSeek legal opinion in writing

 

The property owner shall always seek the legal help. When a property owner is facing power of sale in Ontario, one of the best options is seek legal advice in writing from a competent Ontario real estate lawyer.

 

We Buy Houses

We buy houses in Canada is very helpful for those property owners who need cash and a fast closing. We buy houses in Canada is facilitated by professional real estate investors group (PREIG) Canada members who have proper training, coaching and resources.

You have probably seen the advertisements about Canadian real estate investors who buy houses for all cash with fast closing to accommodate the needs for the sellers. You may have thought to yourself what kind of business is buying houses? There are actually many reasons for people to purchase houses in Canada, and just as many reasons for people to sell their houses.

Continue reading We Buy Houses

Missing a mortgage payment in Canada

Missing a Mortgage Payment in Canada

missing-a-mortgage-payment-in-canada

Missing a mortgage payment in Canada is a serious matter. The reason a Canadian homeowner goes into foreclosure or power of sale is important for all to understand. As a Canadian homeowner one can be prepared for such a situation as the aforementioned, and as a Canadian professional real estate investor, one can be informed as to what causes foreclosure or power of sale and how to be of service. Death, job loss, medical expenses, and divorce are a few of the most common reasons Canadians face foreclose or power of sale on a home. These factors are real and an everyday part of society.

Falling behind on your payments can trigger power of sale process in Ontario. According to the Ontario Mortgage act 'Where a mortgage by its terms confers a power of sale upon a certain default, notice of exercising the power of sale shall not be given until the default has continued for at least fifteen days, and the sale shall not be made for at least thirty-five days after the notice has been given'  R.S.O. 1990, c. M.40, s. 32.

Missing a mortgage payment in Canada and cash flow issues going on and Canadian home owners try to juggle and decide which debts to repay. It’s tough but can be worked out.

Canadian Homes: Foreclosure or Power of Sale?

Both circumstances are a legal process designed to provide the Canadian lender an option to sell the property in the event the Canadian homeowner defaults or misses several payments.

Foreclosures in Canada involve the judiciary system, making it a much slower process which can take up to 6-10 months to resolve. We see foreclosures most commonly in Nova Scotia, Saskatchewan, Manitoba, Quebec, Alberta, and British Columbia.

Power of Sale, on the other hand, is much quicker. In some cases the power of sale can happen within weeks, but you will generally have a 35 day redemption period. This means you will have 35 days after being served notice to pay all your debts (including incurred fees) and get thing back on track. Power of Sale is currently being seen frequently in Ontario, Newfoundland and Labrador, New Brunswick, and Prince Edward Island.

What can you do about missing a mortgage payment?

Option 1: Contact your lender or bank as soon as possible1

Canadian lenders would always prefer not to go through the foreclosure or power of sale process. Their goal is to safeguard their investment and assist Canadian homeowners to find a reasonable and affordable solution.

Canadian homeowners tend to be very reluctant to contact their lenders out of fear and uncertainty.

With the majority of Canadian lenders, being forced out of the home happens only when all efforts and options have been fully explored.

The Canadian mortgage lenders may be able to offer you following four options

  • Change amortization to lower monthly payments
     
  • Switching from a variable rate to a fixed mortgage to provide a consistent payment plan you can budget for without fear of any future interest rate increase
     
  • Refinancing or second mortgage
     
  • There may be an option to add missed payments to the back of your current mortgage

There is limited action the Canadian mortgage lender or bank will take in the early days besides calling you and remind you to pay in time.

Option 2: Ignore and hope it will all will disappear3

Ignoring your oustanding debt will certaintly draw the attention of Canadian lenders and banks. In the long run, cooperation works much better and saves you the cost and hassle for all parties involved.

Option 3: Consolidate all of your debts

The cheapest way to rent or borrow money is with your first mortgage on a principal residence in Canada. Before you stop paying the unsecured debt to make your payments more affordable, make sure you seek out professional advice in order to plan your financing.

Finding a solution to deal with any other debts i.e. credit cards, lines of credit, consolidate loans etc. is all the help people need to obtain a positive cash flow each month and make paying down their debts significantly easier.

One of the key things to look at if you are about to miss a mortgage payment is whether you can afford the house you live in, or whether you’re over-extended on your debt.

If you decide your house is unaffordable then there are essentially two options.

  • Obviously if there is equity in the house, selling the house is the best option.
     
  • If you are in a negative equity situation then this needs to be carefully planned and professional advice is required.
     

4Option 4: Make payments first rather than unsecured debt

The general rule if you want to keep your home is, your mortgage must be the top priority over all of your other debts. You will have many more options to deal with unsecured debt vs. secured debt.