As everyone knows, we are seeing a lot more bank-owned properties on the market these days.  For many people, the first thing that comes to mine regarding bank-owned properties is "bargain."  That can be the case, but it's not always easy to complete the transaction.  I am currently in the process of helping a client purchase a bank-owned condo, and after several weeks of being involved in the process, my client looked at me with frustration in her eyes and asked plaintively, "Is this normal?"

 Giving her a short answer to that wasn't easy.  There is no such thing as "normal" in reference to bank-owned properties.  First, THEY tell YOU how much earnest money you're going to give them, and they may insist that you get prequalified with the lender of THEIR choice before they will even look at your offer.  Then they present you with an intimidating stack of paperwork that appears to take away all your negotiating ability and give you lots more responsibility than most people are accustomed to in more traditional transactions.  Then and ONLY then will they consider your offer.  Maybe they'll get back to you in a timely fashion, and maybe they won't.  It rarely has anything to do with the contract dates you write in your offer.  More likely their answer will be scheduled around the business hours of their department, their work load, vacation schedules, and who knows what else.  Maybe you won't get a response at all.  If you are fortunate enough to get a response, it will most likely be a counter-offer, or maybe a notice that they have received multiple offers and they will entertain all highest and best offers from all parties at some future date.  Once you get an accepted contract, it will probably be a verbal acceptance at first, and you'll have to wait as long as it takes to receive a copy of the executed contract before you can set about scheduling inspections.  On the other hand, they will definately hold you to the closing date you wrote in your offer, no matter that THEIR processes have slowed the whole progression down.  Too bad if that inconveniences you, but if you take longer than you said you would to close, they may decide to sell it to someone else.  At the very least, you'll be paying a per diem fine for every day past the original closing date you go. 

Every transaction is different, but my advice to my client and anyone else considering looking at foreclosures is " expect the unexpected."  Be persistent, patient, and flexible--and of course, get yourself a good Realtor.

 
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31 Comments on Bank-owned properties

SEP
01
2007
408,296 Points 74 Featured Posts Outside Blog
Although most banks do not want to keep the inventory... the process is long and fustrating...sometimes it could take 6-8 weeks for a short sale. We usually buy from word of mouth. Also they tend to make you use their title and escrow. The also want to see proof of funds. If it was that easy ...everyone would be doing it.
4:35pm • #1
The first bank that learns to streamline the process will be the 'Leader of the Pack' once all these ARMs reset in the coming months (if that is even possible)...If anyone is reading this and works for a bank, you should talk to the COLLECTIONS/LOSS MITIGATION people and help them to prepare for more bank owned properties.
4:47pm • #2
it's certainly quite a process dealing with bank owned - I wrote 5 offers (all on different homes) for a couple before we finally closed on a bank owned! hang in there - you'll be their hero forever and the office expert for bank owned's!
4:48pm • #3
2 Featured Posts
Oh so very true.  I just had one where the listing agent lost our original offer, never reponded to my calls or email  and it wasn't until 6 weeks later when they dropped the price $10K and we resubmitted our offer did I finally hear back from our agent.  The bank lost alot but my clients sure gained.
4:52pm • #4
Thank you for the advise. Your blog was well written.
5:02pm • #5
I find they are not always a bargain.  The ones that are have multiple offers on them. Great Post!
6:38pm • #6
SEP
02
2007

I absolutely agree that bank-owned properties are frequently no bargain at all, but  everybody I show them to is out to get a steal.  Then they are frequently surprised at how tedious the process is, and mystified as to why the banks wouldn't want to just give them away!  :-)

On the other hand, I can understand why some buyers get frustrated.  Recently I had a client wtih an accepted contract on a foreclosure.  He naturally wanted to do an inspection, but when the house was "de-winterized" to allow for inspection, it turned out that the pipes were already broken.  The water did even more damage before they turned it off again, and the contractor ended up breaking a toilet before he got the water off.  My client asked for the plumbing to be repaired, which the bank declined to do, so we ended up getting a release.  Repairs would have probably been under $5,000.  The last time I checked, that property was still on the market three months later with a $10,000 reduction in price!

 This specialty is quite challenging.  Even the "office expert" can be presented with a new test of his or her problem-solving capabilities with each new contract.

1:33am • #7
I agree that in the past it has been a frustrating process but in the last 90 days I have seen lenders responding in 72 hours and even paying for all customary local fees like title and termite.
9:05am • #8
SEP
05
2007
Nola, thanks for the advice. I believe the "persistence" part is the most important. I'm just now starting to "dabble" a bit in REO and I'm sure it's important to get through at least one to gain the experience. With all the resets coming down the road and the amount of NOD's that have been sent ...this is a must for any Realtor who wants to continue doing better than average sales, don't you think? Thanks again for the post. Have a good day.  Regards, John in Ventura CA
3:12pm • #9
SEP
11
2007

Hi John, 

 Yes, I feel it is a must for any Realtor who hopes to increase their business, and ride out the current market conditions.  You're right, it's important to get through that first one.  I can't say the next one will bear any resemblence to the first, but at least you'll know it CAN be done if you get through it once!  :-)  The one I'm working on right now threw me a curveball this week.  The lender had just served foreclosure papers on my sellers, but by the time we contacted the attorney who filed them, the lender had filed bankruptcy themselves.  Great news for my sellers, but back to the drawing board for me and for the new lender that purchased the old one's paper........

12:52pm • #10
SEP
12
2007
19 Featured Posts
Ive seen contracts that allow the short selling bank to change their mind all the way up to closing.
3:42pm • #11
SEP
14
2007
449,640 Points Outside Blog
I learned that the hard way....I have had an offer in on a short sale for almost 2 months...still nothing...my clients bailed...
11:45am • #12

Hi Konnie,

My first deal with a bank was like the one you just mentioned.  My buyer almost bailed too, but hung in there for 3 months and finally got the house!  Nobody at the bank seemed to have any authority to make a response to our offer.  It was a nightmaire, and I swore I'd never get involved in one again, but here I am.  Now I'm thinking I'd better get really good at selling REOs, bacause there are so many of them.

4:52pm • #13
SEP
21
2007
148,436 Points 5 Featured Posts Localism Sponsor Outside Blog

I agree about bank owned homes not being ideal for everyone and they are not always the deal they are believed to be.  The biggest issue is not being able to get a fully signed contract with the lender has proved to be an issue in our market MORE than a few times with the lender/seller not signing the deal in the end and selling it to another buyer after they had already agreed to the first deal.  Remember, until it is signed by all parties and signed BY AUTHORIZED parties you are in uncertain waters.

6:07pm • #14
JAN
22
2008
hi must earnest money, given upfront to the bank is generally needed for a bank owned foreclosure?
10:27pm • #15
JAN
23
2008
We have several deals that have dropped simply to the banks blame.  They taks SO long to get back with an approval response, that the buyers give up and find something else to buy.  There's so much red tape when you try to get throught to these people.  Good Luck
7:57pm • #16
FEB
13
2008

Let the banks hold them for a year or two, then consider REO property.  We still have a long way to go down before realestate becomes a good investment.  I'm guessing 30-50% price reductions.  A year or two of taxes on these properties, for the banks, will get them motivated to sell them.  My guess is some of these banks will be bankrupt soon.

I seen the news recently, "project lifeline", stalls the foreclosure process for 30 days.  Almost the same as "project Hope".  Banks will be desperate soon.  Wait it out, save  your money, get a great deal in 2009 or 2010.

Hi_There, VA
12:20pm • #17
108,624 Points 11 Featured Posts
Having been on both sides of the fence please remember a reo listing agent may have 30+ available listings at any given time and we not only answer questions from agents but also answer to asset managers who may be holding 200 files.If they check all files once a week thats 40 per day.Make sure your offers have included everything needed like loan approvals,purchase contract,bank required addendums if requested and do not send the other state required disclosures with your offer(22 pages in Cal) wait until your offer is accepted.The asset manager loves clean offers that are straight forward and the buyer is not bottom fishing.I am getting responses to my offers on other agents listings within 24-48 hours and there are great deals out there but they are not free and everyone groans when we see stupid offers.
9:32pm • #18
FEB
14
2008
159,695 Points Localism Sponsor Outside Blog

Nola,

The expectation of the unexpected is the best term.....vision's of grandeur by our Clients quickly turn to feeling's of disappointment if they do not have this in mind.

9:31am • #19
FEB
15
2008
Great advice! Thanks for sharing.
12:49pm • #20
MAR
16
2008
I submitted an offer on a bank owned home over 3 weeks ago and nothing!  Since my preapproval letter was submitted with all required info, I'd figure it wouldn't take long for a response.  I wouldn't be so frustrated, however I was notified by the listing agent who advised me that after an offer was turned downed that I previously submitted, the bank wanted me to re-submitt the same offer!!!  I figured my dream was about to come true on this spectactular home, which has been on the market for nearly a year.  But the waiting process can kill any enthusiasm you have about your dream home!  I figured I'd keep that offer in tact until another home I'm interested in comes on the market that's not a foreclosure.  And if it does, I'm bailin' on the other offer.  This waiting process is aggravating as hell!!    
A Jackson
11:10am • #21

Hi A. Jackson,

 

Your experience is typical.  It's important to note that all your good prep work (i.e. having your pre approval letter in hand, etc.) had no bearing whatsoever on the delay.  It's the bank's prep work that sometimes takes forever, and illogical as it seems, they just won't deal with any offers until they have gotten all their ducks in a row.  I currently have a listing that is in pre-foreclosure, and I got an offer on it pretty quick, but the bank hadn't done their appraisal yet, and the buyers bailed because they got tired of waiting.

8:41pm • #22
MAR
17
2008
176,413 Points 2 Featured Posts Outside Blog

You explained the steps very well, that has been my experience too.

8:14am • #23
MAR
18
2008
Wow I am glad I am not the only one going through this long process.  I have put offers down on two bank owned properties and have not got an answer from either.  One of the offers was placed 2 months ago.  Its like they just tell you the same thing over and over "7-10days" they keep saying.  In the meantime more offers get placed and other drop out.  If it is a good deal then it seems like a bidding war goes on and then its not such a good deal anymore.  And I agree about the enthusiasm it goes away the longer you have to wait.  I keep looking and looking for other houses on the market but today its seems like more than half are bank owned anyways.  No wonder the banks are going broke.  How can they sit on a house that they are loosing money on when someone is offering to buy it.  They should be racing to get rid of it!  In the meantime the market is getting worse housing prices are falling so the banks are about to loose even more because of their slowness!
11:32am • #24
MAR
23
2008
I just had a home inspection for a bank owned property and the septic expert was worried about the leach field. He stated that it needs to be replaced because it is not draining the way it is supposed to...he believes it can cost around $8,000. Is this something the bank will deal with me? I don't want to get into a house that needs a new leach field. That can become a HUGE problem very quickly and I rather have them fix it or make some sort of deduction before I commit to anything.  Any Input?
Christian B.
10:31am • #25
If a Bank Owned property is on the market and then it goes under contract and a few weeks later it comes back on the market....is that a bad sign it failed the inspection?
Christian B.
10:32am • #26
It is true that every bank owned transaction is different...it depends on the bank systems and processes..
5:40pm • #27
MAR
24
2008

Christian,

They may work with you regarding the leach field, and they may not.  Typically they don't, but anything is possible.  If I were you I certainly would try asking them to either fix it or adjust the price of the home to allow you to do so.  I'd almost rather they credit you so that you can hire your own workmen and have more control over the repair, and I suspect the bank would prefer that too, since it won't create any potential liability for them that way. 

Now, about the bank owned property that was under contract and then came back on the market--it doesn't necessarily mean it failed an inspection, although that's the most likely problem.  However, it's possible the potential buyer failed to get their financing.  I had a situation like that once myself, in which the buyer's lender turned up some last minute problems with their credit that caused them not to be able to close.  Good luck!

Nola

8:03am • #28
256,556 Points 2 Featured Posts Outside Blog

Good post Nola. Proof that the banks are holding the cards in this market in spite of the National Association of Realtors attempts to keep banking out of brokerage. The REO / BOP's are the key to the acquisition and entry into the brokerage arena. The Gramm-Leach-Bliley Act is still a matter of contention with the NAR.

The GLBA defines "financial institutions" as: ..."companies that offer financial products or services to individuals, like loans, financial or investment advice, or insurance. The Federal Trade Commission (FTC) has jurisdiction over financial institutions including these:

  • non-bank mortgage lenders,
  • loan brokers,
  • some financial or investment advisers,
  • debt collectors,
  • tax return preparers,
  • banks, and
  • real estate settlement service providers.

These companies must also be engaged in the financial service or production that defines them as a "financial institution".

They're beginning to absorb parts of the housing inventory nationwide by default. Some have suggested that the banks started the mortgage crisis so that they could take the lions share of real estate brokerage activities.

7:51pm • #29
APR
24
2008

Many banks now are actually requiring a person to get a pre-approval from their bank on forclosures they own even though a person is pre-approved from a reputable bank.  This practice is not only unethical, it is illegal and suits will follow.  Having a person get pre-approval on properties owned by the bank even though they have financing from their bank puts another credit inquiry on their report and lowers a person's credit score.  I know a person who was approved with Wells Fargo and was told they would haved to get pre-approved with Countrywide who owned the house before an offer was accepted.  Suposedly Countrywide wanted to make sure the individual was credit worthy.  Now which bank has a better reputation Wells Fargo or Countrywide?  Last time I checked Countrywide was about to go bankrupt.  WHO CARES WHAT BANK IS USED, THE FORCLOSURED PROPERTY GOES OFF THE REO LIST.  Besides who the hell is Countrywide to decide which banks are credit worthy.

Don't let the banks make the laws, they are the ones who have got themselves in this forclosure mess.

 

 

RG
2:17pm • #30
118,853 Points Outside Blog
One of the wors things about going into contract with reo's is the title company they choose. Wow they are either overwhelmed or it was their first day on the job.Very slooooooow.
2:22pm • #31

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Nola Comingore

West Chester, OH

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Comey & Shepherd Realtors

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