Being professional Real Estate investor in Manitoba, one can avail the opportunity to help property owners as well as the lenders by having clear understanding of delinquent mortgage payments and Foreclosure Process Manitoba
The more your education and knowledge you have on the subject matter it gives the upper hand and you can make lot more money simply by implementing this knowledge.
Foreclosure Process Manitoba
Where a borrower is in financial difficulties and is unable to pay a loan secured by a mortgage on land, the lender may take steps to sell the land or become the owner of it to satisfy the debt. The steps that the mortgage lender takes are taken through the Land Titles Office.
The first step is the registration in the Land Titles Office of a notice, called a Notice of Exercising Power of Sale, or NEPS for short. This notice gives some details about the land in question, about the debt and how it is not being paid and how to bring the debt back into good standing. The NEPS is delivered personally to every person affected by the proceedings and who is registered on the title.
If the debt is not brought back into good standing one month after the notice is delivered, the mortgage lender can apply to the Land Titles Office for permission to sell the land and use the proceeds of sale to pay the debt. The method of sale will be by private sale (usually through a real estate agent) or by auction sale.
If the property is unsold after an auction sale, the mortgage lender may apply to the Land Titles Office to foreclose. Foreclosure is where the mortgage lender becomes the owner of the land. A notice is delivered personally to affected parties once again, this time giving notice that the mortgage lender may become the owner of the land.
Mortgage borrowers will be responsible to pay any shortfall if the debt is larger than the sale proceeds. The debt will include reasonable legal and other costs of the mortgage lender in taking the steps described above. If the mortgage lender becomes the owner of the land through foreclosure, the debt may be extinguished.
The property owner may want to get out of the situation but their options are very limited. Being a professional real estate investor you might be able to offer multiple options, save their situation and make lot of money at the same time. It will be perfect win/win situation.
Mortgage Sale and Foreclosure are very complicated proceedings with serious consequences.
Those who unfortunately find themselves the subject of these sorts of proceedings should seek professional advice immediately. The Land Titles Office has the powers to review and tax the legal and certain other costs of the mortgage lender to determine whether they are reasonable and to make appropriate adjustments.
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The above information is provided as a guideline and is not intended to give a professional legal advice. Please consult a Real Estate lawyer for their opinion on your particular case.
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