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40 Comments on Buying A Foreclosure Without A Buyer's Broker - ARE YOU KIDDING?
Goes for unsuccessful short sales too. I have had some I could not close becasue of third party liens outside the lenders. Some potential buyers say we will just go to sheriff sale and buy it there. A sheriffs deed doesn't buy you clear title. I would love to see one of our attonrey friends on Active Rain talk about that.
Or, as the case may be 'unbundle of rights', Cheryl. ;)
You bet, Sarah.
Right, Suzanne. The biggest problem is, you won't know what you are not being assured of. If you know and you want to proceed, perfect. Otherwise, how many earnest deposits are you prepared to lose?
Good point, Perrin. You have to know who to contact before you can find out much of anything. Only local and connected representation will accomplish that.
There are great deals for those with the resources and intestinal fortitude to 'play it their way', Barbara. But gotta know good bad ugly first. Thx :)
Absolutely, Michael.
Oh heavens yes, Bruce. You WILL sign an 'unrepresented buyer' disclosure and that is a very bad position to be in with a builder.
"A sheriffs deed doesn't buy you clear title."
Sure doesn't, Joe! Also, we are seeing 4-5 figure sewer assessments 'live' on foreclosures and only sometimes does the seller clear them. They are often passed to the buyer. And in the listing? Assessments: $0 is how it usually reads. Hey, it's a foreclosure. Seller doesn't KNOW anything!
Candice, I am often amazed when a buyer will come into one of my listings and feel that they can get a better deal with the listing agent than with their own buyers agent. It only gets worse with a REO. At least here in CT a proeprty cannot be sold,as an REO with any liens against it, so that is a minimum. Great post
Good Job Candice. One of the better posts I have seen.
As you have given permission
http://activerain.com/blogsview/1224626/disclosure-is-not-an-option-even-if-it-s-an-reo
http://activerain.com/blogsview/1261276/disclosure-is-not-an-option-even-for-reos-part-ii
Here's hoping that dry heat makes it your way.
Nice post- THe fine print in these addendums is pretty amazing. The buyer's really need an expert to help them UNDERSTAND what they are signing.
Excellent information for consumers, whether they're in you're neck of the woods (Airzona) or mine. I don't re-blog often, but this is one that I thought could benefit folks in Maryland. Thanks for enabling that feature.
Thank you Ed . . . I know it's different state to state. HOAs love to throw in accruing fees when they find out a property is in escrow . . . many will just eat them but some will try to shove them over onto the buyer. Getting with the HOA is one of the most important things a buyer's broker can do during that due diligence period - because escrow may not get to it before it ends.
Thx Hercel, and thanks for your note. (Hercel wrote some GREAT posts about REO disclosure issues--you should go see them) :)
Hell, I need to read thru them a few times myself, Mark! :) I'm seeing them posted to listings more often lately, and am grateful for that. So often, buyers read them and run screaming from the room. That's just as well. These deals are great for some but not for all (baby buyers or those on a tight budget)
That is very nice of you, Margaret - and the others who are reposting. I know I am getting a workout from these very labor-intensive transactions. Feels good! Makes you tough!
Can't wait for the CRE market to come back! :)
This is really well put! Thank you for the information! It's amazing anyone would even consider buying a foreclosure without representation.
Well stated. Even real estate agents without enough foreclosure knowledge can miss these items.
There is no doubt that having both a good buyer's agent and attorney are important when buying a foreclosure! I have written a detailed article about buying a foreclosure home.
Candice - Thanks for pointing out what for some of us is the hidden value of representation. And most importantly, for making the post public .... with the comments, perhaps some of our consumers will be walking away with a greater appreciation and a better education.
Not sure why anyone would do that. Some folks just think they know everything
People are funny, Sylvie. There are some who still think they will get a better deal or eliminate some of the commission in favor of a better price. Just ain't gonna happen.
Every time one of us gets slammed with a 'surprise' we learn, huh Brian?
We don't use attorneys in our transactions, Bill. But consulting one is not a bad idea even if they aren't presiding over the escrow. Nice post over there . . .
Amen, Jack. Representation has many layers of value. Computers will not replace us. Not even the great RPR can find out some of the stuff we can. It's just not possible that RPR talked to the guy at the feed store down the street and found out that the guy whose property the well is REALLY on actually didn't have the right to convey it because when he divorced his wife . . . hahahaha . . . this could be my next post . . . what RPR could never know . . .
Me either, Derek. And yet, I am continually surprised . . . :)
This sounds like sensible advice to me. There are many things in the list that most buyers wouldn't even consider.
Great advice.
May I echo Bill post #30, Buyers should also retain an Attorney.
Especially with the news stories over the last few days regarding GMAC, Ally, and more than a few Foreclosure Mill Law Firms being accused of acquiring foreclosures through robo-signing and other illegal procedures.
Makes perfect sense to hire someone to work for you at no cost TO you.
And a lot of agents, Christine. So many potholes and so few escape routes!
That is a great point, Fred - is the property even legally foreclosed!
Pretty much so, Robert. On occasion, a buyer may wish to retain and pay their own agent . . . but the REO banks are usually pretty fair about paying the brokerage fees.
Do I have to spend money for a title search, for a survey? Same kind of short sighted logic if you wing it without the professionals on board to "cruise the facilty looking for slack" and do the "exploratory surgery".
Oh, absolutely, Andy. We just found out yesterday that an 1800 SF house was actually built AROUND a singlewide. Listing office and County records call it a 1991 site built home . . . but permit files at City show a 1969 600 SF trailer with a WHOLE BUNCH of room additions!
Appraisal and title search will kill conventional financing.
I went thru 2 people at City and County before I got the proof. But I knew it was there somewhere.
HI Candice - this is a great post and offers some very good advice. There are so many items to be considered.
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