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Buying a Foreclosed Property in Murrieta Ca.? Read the Banks Real Estate Sales Addendum.

By
Real Estate Agent with Labrum Real Estate

 Purchasing a Bank Owned Foreclosure, another term is REO, property is very different in many ways than a standard purchase. The sale will still proceed to escrow and Title Insurance, escrow instructions, funds deposited into escrow and things such as this will be the same. In a lot of ways things will be the same but buyers and their agents need to read the sellers addendum's and become familiar with them at the very beginning when your offer is accepted.

 When your offer is accepted the seller will generate their own Real Estate Addendum with the terms spelled out in it. These addendum's will over ride the California Real Estate Purchase Agreement that your offer was submitted to them as long as the addendum does not violate State law. Since My partner, Darla Espinoza, and I list many REO properties we get calls from agents representing buyers who didn't read the addendum's and complain after we are in escrow that such and such item is not right with the transaction.

 Since we list properties for Fannie Mae let me give you an example of the most overlooked item in Fannie Mae's addendum's. Since many people don't re key their new home after the close of escrow Fannie Mae has for many years taken it upon themselves to make sure the re key is done. Paragraph #23 states that if the property is on a master key code, which they are, the property is to be re keyed prior to the close of escrow and the cost is to be borne by the Purchaser. In about 80% of my Fannie Mae transactions I get a call from the buyers agent complaining about this as it shows up on the buyers HUD1 closing statement. I always let the agent know at the very beginning of the transaction this cost will be there but maybe they forgot or don't pay attention but never the less they act surprised.

 My buyer clients are always informed through out the REO process but it's the agents duty to inform their clients. Don't be afraid to purchase a REO property but please do yourself a favor and read the Sellers addendum"s and use the services of an agent who is familiar with the REO process.

Ralph Gorgoglione
Metro Life Homes - Palm Springs, CA
California and Hawaii Real Estate (310) 497-9407

Great post.

The bank addendum is so important that it virtually IS the contract.

I always zoom in on per diem charges and whether or not there is any passive contingencies.

Very important!!

Jun 23, 2010 01:23 PM
Sidney Kutchuk - Realty Works Temecula Kutchuk - Realty Works Temecula
Realty Works Temecula - Temecula, CA
Realty Works Temecula

Cameron:  Good information about the key disclosure and cost to the buyer.  I find it surprising that the buyer's agents call you to complain, it's just a cost of purchasing a REO property at a great price.  The other thing that is always missed is the short contingency period but again, the banks want serious buyers who are not going to take long to decide. 

Jun 23, 2010 01:27 PM
Cameron Wilson
Labrum Real Estate - Murrieta, CA
The Short Guy - Murrieta,Temecula,Menifee Californ

Ralph, The addendum Is the true contract and many agents don't understand that fact.

Jun 23, 2010 02:37 PM
Cameron Wilson
Labrum Real Estate - Murrieta, CA
The Short Guy - Murrieta,Temecula,Menifee Californ

Jane, The banks want them to close as quickly as possble and timeframes are short.

Jun 23, 2010 02:39 PM
Jason Sardi
Auto & Home & Life Insurance throughout North Carolina - Charlotte, NC
Your Agent for Life

Interesting.

While one can educate themselves all they want, this is why there will always be a time and a place to hire a Professional.  Understanding and digesting the jargon can be mind numbing, at times.

If I move out to Cali, Wilson's my man:)

Jun 23, 2010 03:02 PM
Cameron Wilson
Labrum Real Estate - Murrieta, CA
The Short Guy - Murrieta,Temecula,Menifee Californ

Jason, Thanks for the kudos and since my mind was numbed years ago I guess that's why I understand the addendum's.

Jun 23, 2010 03:09 PM
Bill Gassett
RE/MAX Executive Realty - Hopkinton, MA
Metrowest Massachusetts Real Estate

Most of the time the banks use their own contract out here in Mass and you can not change a thing on it. Everything is buyer beware.

Jun 24, 2010 12:36 AM
Deborah Nance
Orange County, Corona, Riverside, Los Angeles - Corona, CA
Southern California , Reverse Mortgage Specialist

I didn't know abour the re-key charge!  That is great information, thanks so much!

Jun 24, 2010 05:19 PM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

AMEN!  Sounds like we work the same markets!

Jul 10, 2010 09:34 AM
F U
nobody - Alamance, NT
Dead

The Addendum also states that the only have to give insurable Title.....Not Marketable Title....

Big problem with this. For instants a property is foreclosed on,

The buyer has a title search,

the search shows a major defect (Wrong address, Unlawful Property Subdivision, Ect..) but the Big Gun Tittle company who original insured the title says hey well insure the title even if its a bad title just to cover their tails.

The Buyer says no way we don't want the house with unmarketable Title and Fanny threatens to sue the Buyer to close...

Feb 10, 2011 12:54 PM
Phil Leng
Retired - Kirkland, WA
Phil Leng - Retired

Interesting about the rekey paragraph. Apparently most agents don't read the FNMA addendum.

Up here escrow keeps out $250 to cover the cost of the rekey, then refunds whatever is left over.

Phil

Feb 11, 2011 05:55 PM