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Equity Purchase by non-Investor

Posted by Mary-CA on June 21, 2002 at 10:46 PM

Hi Ward,

I would like to approach a homeowner whose condo is in foreclosure, with an offer to purchase the equity. I want to use the property as my personal residence. I have read previous posts on the subject and have a few questions:

1. Do I have to pay off the owner's existing loan in full - OR - do I bring the loan current and continue making payments - OR - get my own loan to pay off the pre-existing loan?

2. Is there any legislation, such as CA Civil Code Section 1695, that applies to equity buyers who will be owner/occupant (i.e., non-investor)?

3. Is there a different equity purchase agreement form that non-investors should use? Does the agreement protect me from other liens undisclosed by the owner?

4. The NOD was just recorded 2 weeks ago, so the owner still has a little time on their side. Should I wait until I get close to the auction date or should I approach the owner soon?

5. I am apprehensive about approaching the owner (especially since I need to figure out a way to get into the secured building). Have you ever had an owner reprimand you for showing up unannounced? I know you favor face-to-face interaction, but should I call and make an appointment first?

Thank you.


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