Posted tagged ‘Right of Redemption’

Understand the Right of Redemption

November 12, 2015

The rate of foreclosures and the potential profits they offer to investors mean that they are likely to remain a popular real estate strategy for the foreseeable future. But there’s an old saying, “the devil is in the details”—meaning that even the largest project depends on the success of its smallest components, a fact that is certainly true when it comes to foreclosure investing. One of those details you need to understand and keep in mind is the right of redemption.

The right of redemption is the right of a property owner to redeem his or her real estate from foreclosure by paying the lender the outstanding principal and interest due, plus the lender’s costs in foreclosure, or to redeem foreclosed real property from whoever purchased it at the foreclosure sale. The specifics, such as how long the owner has after the property goes to auction, exactly what has to be paid, and even what the process is called, will vary by state.

There are two key reasons why a foreclosure investor needs to be familiar with the right of redemption. One is that you need to know when you buy a property at auction whether or not the owner can get the property back if he somehow comes up with sufficient funds (typically the outstanding balance, accrued interest, late fees and costs). The second is that you may be able to buy the redemption rights whether or not you actually buy the property.

Protecting your investment

In states that provide the right of redemption after the foreclosure auction, you want to be sure you’re not going to be faced with a situation where you buy the property, spend time and money fixing it up and putting it on the market, then have the owner (or another investor who has purchased the redemption rights) take the property and your potential profits away from you.

The redemption period is set by state law and typically ends at some point before the sale or up to a year after the sale. If the redemption period in your state ends before or at the sale and you buy the property at auction, this shouldn’t be an issue. But if the owner has weeks, months, or even up to a year or more after the auction to redeem the property, you have a level of uncertainty that most investors would find unacceptable. Most people who lose a house in foreclosure aren’t likely to have the means to redeem it later, but circumstances can change and financial windfalls do happen. Also, because most of the secondary liens are wiped out with the foreclosure, it’s possible that the owner could put himself in a better financial position by waiting until after the foreclosure to redeem the property rather than trying to pay those debts and stop the foreclosure.

The solution is, when possible, to buy the redemption rights from the owner, either shortly before or shortly after you purchase the property at auction, at a price you are free to negotiate. Typically redemption rights are sold for amounts ranging from a few hundred to a few thousand dollars. In most cases, an owner facing foreclosure who sees no realistic way to either avoid the foreclosure or recover the property afterward will be happy to sell rights he never expects to use.

Acquire property through redemption rights

Another strategy to consider is to use redemption rights as a way to purchase property after foreclosure. The potential effectiveness of this technique will depend on state law—the redemption period needs to extend beyond the foreclosure sale—but this is how it might work: The redemption price is determined by a statutory formula and may be less than the property’s fair market value or the total preforeclosure debt on the property. Let’s say the fair market value of the property is $300,000. The property has a first mortgage of $200,000, a second mortgage of $90,000, and a mechanic’s lien for $25,000. The lender in the first mortgage position is foreclosing. At foreclosure, the second mortgage and mechanic’s lien may be wiped out. The person holding the right of redemption could exercise that right after the foreclosure sale and pay the redemption price, which would likely be $200,000 plus interest, late fees, and costs. Even if the interest, fees, and costs totaled $25,000 to $30,000, the purchaser is getting the property for far less than fair market value.

If you’re going to use this strategy, it’s a good idea to have your financing in place and have any title issues resolved before exercising the redemption right.

To get more information on the laws regarding the right of redemption in your state, start by calling your county courthouse and talking to someone who handles foreclosures.

info from various sources

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ROR 2006 Alabama Code – Section 6-5-253 — Payment or tender of purchase money and other lawful charges, with interest.

November 12, 2015

(a) Anyone entitled and desiring to redeem real estate under the provisions of this article must also pay or tender to the purchaser or his or her transferee the purchase price paid at the sale, with interest at the rate allowed to be charged on money judgments as set forth in Section 8-8-10 (as it is now or hereinafter may be amended), and all other lawful charges, also with interest as aforesaid; lawful charges are the following:

(1) Permanent improvements as prescribed herein.

(2) Taxes paid or assessed.

(3) All insurance premiums paid or owed by the purchaser.

(4) Any other valid lien or encumbrance paid or owned by such purchaser or his or her transferee or if the redeeming party is a judgment creditor or junior mortgagee or any transferee thereof, then all recorded judgments, recorded mortgages and recorded liens having a higher priority in existence at the time of sale which are revived under Section 6-5-248(c).

If the redemption is made from a person who at the time of redemption owned the debt for which the property was sold, the redemptioner must also pay any balance due on the debt, with interest as aforesaid thereon to date.

(5) Mortgagees of the purchaser, or their transferees, are considered transferees of the purchaser, and a party redeeming must pay all mortgages made by the purchaser or his or her transferee on the land to the extent of the purchase price.

If the purchaser’s mortgages do not exceed the amount of the purchase price, the balance must be paid to the purchaser.

(b) If the redeeming party is the debtor, mortgagor, their respective spouses, children, heirs, or devisees then, unless otherwise provided herein, the judgments, mortgages, and liens revived pursuant to 6-5-248(d) are not lawful charges as defined in subsection (a).

(c) The purchaser shall be entitled to all rents paid or accrued including oil and gas or mineral agreement rentals to the date of the redemption, and the rents must be prorated to such date. The purchaser or his or her transferee and his or her tenants shall have the right to harvest and gather the crops grown by them on the place for the year in which the redemption is made, but must pay a reasonable rent for the lands for the proportion of the current year to which such redemptioner may be entitled.

(d) Any one entitled and desiring to redeem shall be granted a credit as against the amount of money required to be paid for redemption as follows:

(1) For all timber cut or sold on the land by the purchaser or his or her transferees, during the statutory period of redemption.

(2) For any oil and gas, minerals (including coal bed gas), sand, and gravel, taken from the land or sold, and for advanced royalties or bonuses received by the purchaser or his or her transferees, during the statutory period of redemption.

(3) To the extent the value of the property is diminished when any structures or buildings are changed, removed, demolished, or destroyed by the purchaser or his or her transferees during the statutory period of redemption.

(Acts 1988, No. 88-441, p. 647, §7; Acts 1989, No. 89-525, p. 1074, §1.)

Disclaimer: These codes may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

ROR 2006 Alabama Code – Section 6-5-248 — Who may redeem; priorities.

November 12, 2015

(a) Where real estate, or any interest therein, is sold the same may be redeemed by:

(1) Any debtor, including any surety or guarantor.

(2) Any mortgagor, even if such mortgagor is not personally liable for payment of a debt.

(3) Any junior mortgagee, or its transferee.

(4) Judgment creditor, or its transferee.

(5) Any transferee of the interests of the debtor or mortgagor, either before or after the sale. A transfer of any kind made by the debtor or mortgagor will accomplish a transfer of the interests of that party.

(6) The respective spouses of all debtors, mortgagors, or transferees of any interest of the debtor or mortgagor, who are spouses on the day of the execution, judgment, or foreclosure sale.

(7) Children, heirs, or devisees of any debtor or mortgagor.

(b) All persons named or enumerated in subdivisions (a)(1) through (a)(7) may exercise the right of redemption granted by this article within one year from the date of the sale.

(c) When any judgment creditor or junior mortgagee or any transferee of a judgment creditor or a junior mortgagee redeems under this article, all recorded judgments, recorded mortgages and recorded liens having a higher recorded priority in existence at the time of the sale are revived against the real estate redeemed and against the redeeming party and such shall become lawful charges pursuant to Section 6-5-253(a)(4) to be paid off at redemption.

Once any lienholder, recorded judgment creditor, or junior mortgagee is paid the amount of such person’s debt and any accrued interest and other contractual charges, such person has no further right to redeem.

Any lienholder, recorded judgment creditor, or junior mortgagee with a lower recorded priority may redeem from those having a higher recorded priority who have redeemed.

(d) When any debtor, mortgagor, their transferees, their respective spouses, children, heirs, or devisees redeem, all recorded judgments, recorded mortgages, and recorded liens in existence at the time of the sale, are revived against the real estate redeemed and against the redeeming party and further redemption by some party other than the mortgagor or debtor under this article is precluded.

(e) When any debtor or mortgagor conveys his interest in property subject to a mortgage prior to sale wherein they are released from liability for the debt, his right of redemption under this article is terminated. In the same manner, the right of redemption granted under this article to the spouses, children, heirs, or devisees of debtors or mortgagors terminates when the debtors or mortgagors have conveyed their interests in the property and are released from liability for the debt.

However, where debtors or mortgagors have conveyed their interests in the property but remain liable on the debt and are debtors at the date of the foreclosure sale, the debtors and mortgagors retain their right of redemption under this article and in the same manner, their spouses, children, heirs or devisees continue to be entitled to the right of redemption under this article.

(f) A redemption made by any person under this article, other than the debtors or mortgagors, and their respective spouses, children, heirs, or devisees, shall preclude any further redemption by such person.

(g) Subject to subsection (e), a mortgagor and debtor have priority over any other redeeming party and a mortgagor has priority over a debtor.

(Acts 1988, No. 88-441, p. 647, §2.)

Disclaimer: These codes may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

Foreclosure in Alabama: The Right of Redemption (ROR)

November 12, 2015

As foreclosures have been a concern for many in this economic climate, it is important to know Alabama law provides significant protection for foreclosed homeowners through the right of redemption. Redemption is a personal right created by statute that allows former homeowners, junior lien holders, spouses and children of former homeowners, and others with an interest in a property, to reclaim their interest for one year after the date of the foreclosure sale

Click the link for a copy of those allowed to redeem under Alabama law:http://law.justia.com/alabama/codes/3069/6-5-248.html

The right of redemption expires after one year. Generally, the price paid by the redeeming party is the price of the property bid at the foreclosure plus those other charges allowed by statute. The redeeming party may also have to pay interest at a rate of 12% on those amounts paid by the current owner of the property towards the upkeep and maintenance of the property.

A listing of the allowable charges is shown here: http://law.justia.com/alabama/codes/3069/6-5-253.html

A right of redemption is generally not created when the sale of the property is to a third party by the party who purchased at a foreclosure sale. If you do purchase a property that has been foreclosed in the past year, it is important that a title commitment is reviewed prior to purchasing the property. Redemptions are uncommon but do occur. Often, the redeeming party has been able to obtain the money required to purchase the property through alternative forms of financing (borrowing from family, winning the lottery, etc.).

A good rule of thumb is to purchase a foreclosed property at a price less than what it sold for at a foreclosure sale. While this may seem elementary, many don’t check the foreclosure sale price prior to purchase.

Among the reasons for doing so are:

1. Foreclosed properties are often in a poor state and in need of repairs

2. If your purchase price is more than the price bid at the foreclosure sale, you may be required to purchase a redemption bond, adding a significant amount to your settlement costs at closing. This is because a redemption bond is intended to protect the new homeowner in the event the purchaser is reimbursed by the redeeming party by an amount less than what he paid;

3. If an authorized party wishes to exercise their right to foreclosure, you want to make sure you get a good return on your investment.

If you are a former homeowner that has been foreclosed on, remember these rules:

1. Take pictures of every part of the property prior to leaving. This will enable you to rebut any additional costs claimed for permanent improvements to the property

2. Get out within 10 days of receiving written demand for possession by the foreclosing party. This is usually standard operating procedure for foreclosures. Failure to comply results in a forfeiture of your right of redemption.

written by Yellowhammer Insurance, Inc.

Alabama Right of Redemption (ROR)

November 12, 2015

In Alabama, there is a right of redemption for one year after a foreclosure. The right of redemption is the right to purchase the property from the current owner, even if that person does NOT want to sell the property. Because people are getting SO MUCH bad advice on this topic, I decided to help clarify things on one point: How much does it cost to redeem?

Many different categories people have the right of redemption. That list is outside the scope of this post.

You can lose your right of redemption if you don’t comply with the Ten Day Notice to Vacate. That topic is too complicated for this post.

After a lender foreclosure, if the former owner wants to redeem, they must pay the following charges, all at 12% interest:

1. Amount bid on the courthouse steps; plus

2. Insurance premiums paid or owed in the meantime; plus

3. Ad valorem taxes paid or owed in the meantime; plus

4. Any other debt owed to the current owner of the property; plus

5. The value of permanent improvements.

a. Case authority in the early 20th century involved fights over whether “repairs” counted as “permanent improvements.” The courts said permanent improvements include anything done to improve the property, anything erected on the property, anything added to the property, AND any repairs to the property.

b. In a recent Alabama Supreme Court case, the property foreclosed was a warehouse. The purchaser completed revamped the property and turned it into a manufacturing facility. The value of those permanent improvements was a very large $$ amount. When the former owner tried to redeem, he said they didn’t count as permanent improvements because they didn’t “improve” the property, they completely changed the nature of the property. Alabama Supreme Court said, “too bad,” they are improvement and they are permanent, they qualify.

c. There have been some court battles over “value” vs. “cost.” The courts are clear, it is the VALUE, not the cost. If you spend $1,000 and increase the value $50,000, you get the $50,000. If you spend $100,000 and increase the value only $25,000, you get only $25,000.

d. The value of improvements is determined as follows:

i. The redeeming party sends a letter to the current owner stating his/her intention to redeem and asking for a statement of all lawful charges.

ii. The current owner has 10 days to respond with a statement of “all lawful charges” including the value of permanent improvements.

iii. If the current owner fails to respond within 10 days, they lose their right to demand the value of the permanent improvements.

iv. If the current owner responds in 10 days and places a value on the improvements, the former owner has 10 days to accept that number or contest it. If he/she contests it, the former owner has 10 days to appoint a referee and notify the current owner. If the former owner misses his deadline, he loses the right to contest the value of the permanent improvements.

v. The current owner then has ten days from receipt of the notice about the referee to appoint his OWN referee. If he misses this deadline, he loses the right to claim the value of the improvements.

vi. The two referees meet and try to come up with a value. The referees can be anybody. They don’t have to be appraisers or real estate agents.

vii. If the two referees cannot agree, they (the referees) appoint an umpire. Whatever value has two votes to support it wins, and that is the value.

viii. If someone disagrees at that point, they can hire lawyers and go to court.

6. If the property is redeemed, the current owner gets to keep all rents earned up until the former owner “tenders” or offers to redeem.

7. If the property is redeemed, the current owner must give the former owner a credit for the value all minerals taken from the property and the value of all timber cut.

8. You can’t demolish structures during a right of redemption period. No matter how ugly you might think they are, that doesn’t count as a “permanent improvement.”

9. If the property is redeemed by the former owner, all liens that used to be on the property when he/she owned it, reattach after redemption (except, of course, the mortgage that caused the foreclosure.)

10. If the property is redeemed by a junior lien holder, all liens that used to be on the property before foreclosure AND that were superior to that junior lien holder reattach, except the mortgage that caused the foreclosure. In other words, Regions has a 1st mortgage, WAMU has a 2nd mortgage, IRS has a tax lien that is 3rd, Community Hospital has a judgment lien that is 4th and Bob’s Plumbers has a judgment lien that is 5th. If someone buys the Community Hospital judgment lien and then redeems, the WAMU mortgage and the IRS will lien come back on the property, but Bob’s Plumbers will not.

I hope this helps you. This is a complicated area of the law, and this blog is not intended as legal advice. There are SO many other little things that might change the above rules, you should always ask a lawyer for advice before making any decisions or taking any action. Written by Denise L. Evans