Navigating Foreclosure Properties in Alberta: A Reality Check

August 27, 2023

Are you captivated by the idea of snagging a foreclosure property at a fraction of its market value, just like you’ve seen on HGTV? If you’re considering purchasing a foreclosure property in Alberta, it’s essential to know that the process isn’t as straightforward as those TV shows make it out to be. As a seasoned real estate agent, I’ve helped numerous clients venture into the world of foreclosure properties, and I’m here to shed light on what you need to know before diving in.

1. Understanding the Landscape

Before we delve into the intricacies, let’s understand the two main types of foreclosure properties in Alberta: Judicial Listings and Bank Owned Listings.

Judicial – Court Of King’s Bench Listing: A Judicial Listing isn’t necessarily a sign of a motivated seller. It’s a Court Ordered MLS® Listing, initiated by the bank due to the seller’s payment defaults. The seller might still have a chance to catch up on payments and halt the foreclosure process. However, it’s important to note that a Judge’s focus is more on protecting the people (the defendant) than the bank (the plaintiff). Offers significantly below the asking price are rarely accepted.

Bank Owned Listing: Once the bank takes possession of the property, it becomes their responsibility to sell it. Unlike the common portrayal in the US, Canadian banks typically aim to sell the property close to its market value. This is driven by their desire to recover as much of their losses as possible. While Canadian banks don’t always list properties at rock-bottom prices, there’s a predictable pattern of asking price reductions, which savvy buyers can capitalize on.

2. The Process and Risks

The process of purchasing a foreclosure property involves its own set of challenges and risks that you need to be aware of:

Modified Contracts: Foreclosure contracts are substantially modified, with standard clauses crossed out. These properties are sold “AS-IS, WHERE IS,” and there are no warranties or representations. This puts the onus on the buyer to thoroughly investigate and assess the property’s condition.

Unconditional Offers: With Judicial Listings, offers must be submitted without conditions. A court date is set within a few weeks to a couple of months from the offer submission. If occupants are still in the property, complications can arise, making the process messier and riskier.

Judge’s Review: A Judge reviews offers and may reject them if they believe the offered price is too low. There are no opportunities for negotiations or conditions related to financing or home inspections. Closing must align with the Judge’s determined date.

Bank-Owned Negotiations: Bank-owned properties offer more flexibility. You can include conditions and negotiate with the bank. Their responses typically come within a few business days, allowing for potential back-and-forth until an agreement is reached.

Common Risks: Both types of foreclosures come with risks. Properties are sold without a Real Property Report, may have hidden defects, past criminal activities, appliance issues, and more. Additionally, the property’s condition could deteriorate between your offer and the closing date.

3. The Reality Check

It’s crucial to approach purchasing a foreclosure property with realistic expectations. While the allure of a fantastic deal is tempting, the process can be complex and the risks substantial. This information isn’t intended to discourage you, but to equip you with the knowledge needed to make informed decisions.

At the end of the day, every situation is unique, and the journey of buying a foreclosure property can vary widely. If you’re considering this path, it’s wise to seek the guidance of a knowledgeable real estate professional who can help you navigate the process and mitigate risks.

Remember, I’m here to assist you every step of the way. If you’d like to discuss your options and gain further insights into the world of foreclosure properties, feel free to reach out.

Best regards,

Warren 587-377-5686