Over the last year or more, there has been a shift in the real estate market, with the number of homes that are short sales and bank-owned foreclosures growing by the day. As a matter of fact, in reviewing the number of active homes for sale in Central Florida, I estimate that more than 40% of the inventory that is available for sale is either a foreclosure or a short sale.

With that being said, one of the most notable attractions to foreclosures for Buyers has been the fact that they are often listed at prices that are 20%-40% less than other comparable active listings that are for sale within the same community. Banks and those real estate agents who are representing them have taken this approach to pricing in an attempt to create interest from buyers who will recognize the value, write an aggressive offer and agree to follow the "less than buyer friendly rules" that are required when purchasing.

This trend is certainly noteworthy for Buyers, as it's becoming more obvious each day that the "those who have the gold make the rules" theory is in full force when it comes to buying a bank owned home.

As evidence of how drastic this shift has become, below are a few of the more common "rules" that banks are now requiring Buyers to follow when submitting an offer on their REO (real estate owned) properties:

  • Provide a pre-approval letter from the selling bank's preferred lender. Although the Buyer may have a pre-approval letter from their own lender, many bank-owned homes (especially those owned by Countrywide) will require that the Buyer get pre-approved by a designated lending representative before the offer is submitted to the bank for review.
  • Accept the house in as-is, where-is condition. Simply put, the bank will make no repairs to the property, even if they are required by the Buyer's lender or FHA/VA to obtain the loan.
  • Agree to pay outstanding Homeowner Association fees, without disclosing how much is owed.
  • Agree to pay for documentary stamps on the deed. In Florida, that fee is .70 per $100 of the sales price. For Buyers purchasing a $200,000 house, those fees will be $1,400.
  • Agree to have all inspections completed prior to offer submission. This requirement thereby eliminates the "inspection" contingency in the contract.
  • Agree to pay a per diem charge for each day after the closing date if the property does not close, regardless of why it didn't close.
  • Agree that the property must be on the market for a minimum number of days before the bank will consider any offers.
  • Agree to provide their escrow deposit in the form of a cashier's check to the seller's attorney.
  • Agree that once the Buyer's offer has been verbally approved, that they will then be required to accept additional terms and/or conditions on an Addendum that will follow. Some of these addendums are so completely favorable to the Seller (Bank) that the Buyer might feel as though they are waiving their right to breathe for fear of their offer being rejected.

Regardless of whether you think these rules are "fair" or not, the banks and their agents are not making exceptions. They are what they are and Buyers need to know that the "Golden Rule" as they once knew it, has a whole new meaning today.

If you are considering buying a foreclosure (REO) property in Central Florida, you need to know what's expected.

As a full-time professional REALTOR with experience in foreclosure sales, I'd welcome the opportunity to further educate you on what you should and can expect when buying a home that's owned by a bank. Feel free to call or text me at (321) 377-0157 for a free consultation.

LaShawn Norden, PA, REALTOR, RE/MAX Central Realty, (321) 377-0157, LaShawn@LaShawnNorden.com, www.LaShawnNorden.com

 

 
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10 Comments on When buying a bank-owned foreclosure (REO) in Central Florida, those who have the gold make the rules!

APR
11
308,832 Points Outside Blog

Thanks for your post. It is well written.

8:35pm • #1
8 Featured Posts

Thanks Roy...I hope this post helps at least one buyer who is considering buying a foreclosure (REO) property. Happy Easter!

9:05pm • #2
248,879 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router

Lashawn I know you have had recent frustrations with REO properties but being on both sides of the specturum I have to differ. While banks say no repairs that is not always true. My recent dealings I had a bank pay $10,000 in repairs prior to closing for a buyer, another one is paying $7000 for a new roof so it qualifies for FHA and one of my listings we did a few $1000 in repairs for VA and another one we are installing A/C that were stolen. It has to do with how the offers are written and presented. I will agree that a lot of the banks contracts are written soley in their favor, but they will do what they can to close the deal rather then keep someones escrow. They rather get it off the books. The per diem is generally based on lender/buyer delays but again are rarely enforced. I understand your frustration maybe one day we can sit down and I can give you some tips to getting your buyers what they want.

10:35pm • #3

Great Info Lashawn!  Thanks for sharing it.  It is interesting to see Heather's comments on her experience as well.  The phrase "Who Has The Gold" can be looked at both ways.  The Seller has what they think is gold, but in the end, they can't sell unless the buyer has enough gold to pay for the house!  With all of the homes on the market, it does surprise me how finicky the banks are being.  Isn't it a "Buyers Market"?

 

 

11:53pm • #4
APR
12
8 Featured Posts

Heather~ Thanks for commenting. I would love to know how you are writing the contracts for bank-owned properties to get the banks to pay for repairs. In the last 6 months, I have written 7 contracts on REO properties. In four of the 7 cases, the offers that I submitted for buyers were accepted by the banks; however, three out of four banks refused to pay for repairs that were needed on the home in order for the buyer to obtain their loan. As a matter of fact, in one case, there was a $200 roof repair that was needed as the roof had an active water leak and that bank refused to pay and/or make the repair. Just last week, one of the Buyers I am working with had her offer selected out of 7 others (because it was $30,000 OVER asking price)....but, when the inspection results revealed it needed a new roof, had polybutelene plumbing, none of the appliances worked AND there was water instrusion around a window, the seller (Freddie Mac) refused to reduce the price by the $10,000 we were asking for (although it would have still netted them $20k more than listing price)....Freddie Mac is also the one that has the addendum requiring buyers to pay the doc stamps.

Yes...my buyers have had very bad experiences with these types of purchases...even when the offer I have written was selected amongst a sea of others...Have you had more success with certain banks/sellers than others? Maybe that's a post someone could write about so that agents and buyers will know which banks have more cooperative attitudes with Buyers.

If you have tips on how to get the banks to agree to needed repairs, I would love to hear them and I'm sure many others here on ActiveRain would like to also....share your knowledge so that we can all win!

Happy Easter!

 

10:34am • #6
248,879 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router

Lets set a time this week or next week to talk. Part of it has to do with my knowledge as a GC and what the FHA appraisers flag, the banks know my position up front and not once under contract. Every bank deal I have written with repairs has been accepted.

11:23am • #7
314,166 Points 14 Featured Posts Localism Sponsor Outside Blog

This is turning into a very interesting conversation. I'm parked. Hope your talk goes well and we learn something more. :-)

2:29pm • #8
APR
19

Hi LaShawn, very interesting conversation indeed. As an REO Closing Coordinator, I am responsible for taking about 20 files to closing at any given time. I want to address a few points you made and share some of my insight. Let's just say it's not always black and white.

  • Agree to pay outstanding Homeowner Association fees, without disclosing how much is owed.
  • ~ While I agreee that the bank addendums are written in such a way that this seems to be the case, the title company assigned by the bank to clear the title once an offer is accepted. Once the offer report is assigned to title, the processors will order the estoppel (payoff for past HOA dues); once they receive the estoppel with the amount of past dues, this information/amount of past dues is either disputed or submitted to the seller for approval... I have never seen an instance where the buyer had to pay any past due HOA fees.

  • Agree to have all inspections completed prior to offer submission. This requirement thereby eliminates the "inspection" contingency in the contract.
  • ~ I have not seen any yet that require inspections to be completed prior to submitting an offer. Almost all the bank addendums I've seen still give the buyer 10 days from execution to meet this contingency... some only 7 days.

  • Accept the house in as-is, where-is condition. Simply put, the bank will make no repairs to the property, even if they are required by the Buyer's lender or FHA/VA to obtain the loan.
  •  ~ Yes, these REO's are sold As-Is, but I have seen banks agree to repairs (after it's already under contract) in such cases where the buyer is doing FHA financing and the appraiser recommends these be complete prior to the buyer getting their financing... then again, I've had one where the bank just wouldn't even make a decision about whether to approve the bids and the buyer had to change their financing to conventional in order to get the house. I have not seen any offers written yet with repairs requested up front, but I have seen many offers accepted with several thousands in seller paid closing cost concessions.

    These so called "rules" seem to be changing all the time and I wonder if it may depend on the bank or even the asset manager. Either way, it's nice to have some intelligent dialog about the subject.

    8:56pm • #9
    MAY
    04
    136,236 Points Outside Blog

    I have also run into one where the bank required the inspections be completed before they would accept the offer. They did not want an inspection contingency.

    12:22am • #10

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    LaShawn Norden, REALTOR, (321) 377-0157 Your Real Estate Advocate in Florida

    Lake Mary, FL

    More about me…

    RE/MAX Central Realty

    Address: 605 Crescent Executive Court, Suite 332, Lake Mary, FL, 32746

    Office Phone: (407) 333-4400

    Cell Phone: (321) 377-0157

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    Selling or purchasing a home can be exciting and scary at the same time! The goal of my blog is to educate Central Florida Buyers & Sellers about the Good, the Bad & the Ugly things that can happen in a real estate transaction! As an advocate for consumers in Orange, Seminole and Volusia County, I especially enjoy working with first-time home buyers, relocation buyers, sellers of distressed property and luxury home sellers. Native to Central Florida, I'd welcome the opportunity to be your advocate too!

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