In this "power-of-sale" type of foreclosure, if the debtor fails to cure the default, or use other lawful means (such as filing for bankruptcy to temporarily stay the foreclosure) to stop the sale, the mortgagee or its representative conduct a public auction in a manner similar to the sheriff's auction. Notably, the lender itself can bid for the property at the auction, and is the only bidder that can make a "credit bid" (a bid based on the outstanding debt itself) while all other bidders must be able to immediately (or within a very short period of time) present the auctioneer with cash or a cash equivalent like a cashier's check. In May 2012, the U.S. Supreme Court, resolved uncertainty surrounding a secured creditor's right to credit bid in a sale under a Chapter 11 bankruptcy plan. In RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 566 U.S. ______ (2012), the Court found it was obligated to interpret the bankruptcy code “clearly and predictably using well established principles of statutory construction” resolving the lingering uncertainties of credit bidding under a chapter 11 plan and upholding secured creditors’ rights.
Rent to own situations can be structured in two popular ways. One is the lease purchase. A lease purchase usually requires the tenant to commit to buy the home over an agreed to period of time. Terms can be quite flexible to suit the renter's needs. These terms include the time frame, the amount of rent applied to the rent to own purchase, and the price of the property. The second approach is called a lease option. In a lease option, many of the same terms apply as in a lease purchase. The difference is in the lease option, the tenant may not be required to purchase the home at the end of the option time period. However, in each case, the renter usually needs to put up a non-refundable option fee to initiate the rent to own contract.
Think about it, what if you were able to pick an area that you would like to live in but may not be able to afford right now or just no ready to make that big purchase. With the Rent to Own process, you can get into that house without the 30 year commitment. You can even have a portion of the rent credited to the sales price or closing costs, that’s instance equity at closing for you.