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Should a Simple Repair Needed on a Property Kill a Deal?

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Mortgage and Lending with NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 IL Lic 031.0006220/WI

 

Should a Simple Repair Needed on a Property Kill a Deal?


      In quite a few of my recent Mortgage transactions, I've seen Appraisal Reports where the Appraiser has commented that the condition of the REO property (foreclosed) they are viewing has been "Less than ideal". In each instance, the definition for "Less than ideal" has not been a true cause of concern in the Appraiser's eye.Contact Info for Gene Mundt, Mortgage Lender

      However, I have found each time that the Underwriter has seen this statement regarding property "blemishes" on the Appraisal Report as some sort of red flag. Then the "blemish" has become an Underwriting issue. This has been true even when the Contract and the Appraisal and the Listing all read ... "property to be Sold "As Is".  

      In each of these cases, property repairs were then either:        A. Required by Underwriting to be done ... or
B. The Appraiser was asked to submit further clarification on their "Less than ideal" comment.

     The Underwriter wanted to know what the impact on value, safety, or marketability was for the "blemish" noted.

     The irony found in these scenarios is that there is a very likely chance that Fannie Mae, Freddie Mac, or FHA Insurance will be backing the new loan(s) and none would want the collateral to be what they consider "damaged property". These situations have become a battle of wills. Who is right? Who is wrong? What needs to occur so the transaction can move forward?

     Bottomline, each of the participants (Appraiser, Underwriter) have responsibilities within their jobs to fulfill, an important role to play in the transaction. At the end of the day, the Underwriters are viewing this as the End-Lenders' and/or the Originating Lender's call to make.  The fact remains though, the property needs to sell.  The property needs to be liveable and financeable.  So, if the Loan Approval is contingent on fixing items, such as:   

 

     *  Exposed Electrical Wiring & Hanging Light Fixtures

     *  Missing Handrails

     *  Darkened, Discolored Drywall/Plaster/Foundations

     *  Leaky Roofs

     *  Rotted Wood

 
      then ... who is responsible and performs property repairs before Closing?   Who steps-up to get the transaction rolling again?
 
      Legally, my Buyers do not have any rights to enter (or repair) the property. The Seller in each case (or its designees or Asset Manager) has claimed they won't make the repairs. That the property sold "as is". Everyone involved in the transaction has been of the mind that Fannie Mae, Freddie Mac, FHA, Individual Banks ... none will make any repairs, either.
 
      So again, the simple fact remains ... if the repairs are not made, the Loan won't Close. The property will go back on the market and the financial hole for the Seller deepens.
 
      In one of the transactions I refer to, the repair on the "blemish" reported is estimated to be only $150 to $200. There is a standoff taking place right now over this repair.   Should a Simple Repair Needed on a Property Kill a Deal?  Will common sense prevail?  Stay tuned ... 
 
*   Dreaming of Buying a Home or Refinancing in New Lenox, Will County, DuPage County, or elsewhere in the Chicago area? Contact me today! I'll put my 36 years of mortgage experience and expertise hard to work on your behalf.
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Gene Mundt

 Mortgage Originator  -  NMLS #216987    

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Comments(40)

Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

No, small repairs shouldn't kill the deal. I've gotten permission before to do minor repairs in order to satisfy appraiser.

Aug 19, 2013 11:21 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

This most frustrating thing occuring in my area is that one appraiser will say condition X is a repair issues.. and in the next deal with the same issue, the appraiser does not raise the isse as a conern that needs repair.

Aug 19, 2013 12:24 PM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

Sometimes the players ad the banks just can't get out of their own way for their stupidity. That should be the case where someone recognizes the common sense needed and finds a way to get it done. Appraisers should also take a few minutes to read the contract and also read through to what is being done

Aug 19, 2013 12:40 PM
Lynn B. Friedman CRS Atlanta, GA 404-617-6375
Atlanta Homes ODAT Realty - Love our Great City - Love our Clients! Buckhead - Midtown - Westside - Atlanta, GA
Concierge Service for Our Atlanta Sellers & Buyers

Dear Gene,

You certinly presented a conplicate and frustrating issue. AND you got quite a few interesting comments - even some from other Mortgage folks - like George Suoto #7. 

Have a happy day -
Lynn

Aug 19, 2013 06:00 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

We can all tell stories about repairs creating problems with many transactions, it is just part of the process. Most turn out OK, but some become a killer. Great job with your post.

Aug 19, 2013 07:03 PM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

 With REO's an appraiser just needs to stay out of the way unless it is a health or safety issue.

Aug 19, 2013 09:45 PM
Donna & Larry Johnson
Keller Williams Real Estate - West Chester, PA
Chester & Delaware County

For some reason it always come down to the minor details. Any more that is where the skill comes in just trying everything we can to keep the deal alive!

Aug 19, 2013 10:00 PM
Amanda Christiansen
Christiansen Group Realty (260)704-0843 - Fort Wayne, IN
Christiansen Group Realty

I've had a contractor go in and repair minor issues before.  Of course my buyer paid for it.                                                  

Aug 19, 2013 10:16 PM
Anthony Rollins
Keller Williams Realty-Overland Park - Overland Park, KS
The Adam Butler Team

Gene,

You make some good points here.  Athough Buyer and Seller may have cetain argeements in the contract to make or pay for any repairs, when two parties are under contract, it becomes up to us as industry professioinals to educate them as to why it is in the best interests of each party to ultilmately close the transaction and the benefits of doing so. My gerneral rule of thumb is that I would never not let a deal close for under $1,500.  If we're that close, then between buyer...seller...both agents...escrow and the lender, there is $1,500 be to found to close the deal and ensure that all parties get paid.

How's the market in Joliet.  I'm a old time Chicagoan from the 90's and visited Joliet quite a bit during that time.  Go Cubbies and Da' Bears!

Cheers!

Aug 19, 2013 10:17 PM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Gene... this is an issue that's been around for a long time. When I'm selling reo or short sale homes I warn my buyers in advance that this could be an issue and could kill the deal after they've invested a ton of time and money in it.

Aug 19, 2013 10:31 PM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Gene, no it shouldn't kill a deal. Everyone involved should use some common sense to rectify the problem. A $150 repair is minute compared to the total cost of the property.

Aug 19, 2013 11:13 PM
Kathy Sheehan
Bay Equity, LLC 770-634-4021 - Atlanta, GA
Senior Loan Officer

Gene, in that case, it sounds like the perfect opportunity for a renovation loan!

Aug 19, 2013 11:35 PM
Rosie Crow
Serving Sugar Land, Richmond, Rosenberg, Missouri City - Sugar Land, TX
Exceeding Expectations. Delivering Results

No, a simple repair should not kill a deal.  I can't believe the client would fuss over a $150-200 repair.  

Aug 19, 2013 11:46 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

One has to remember that the underlying cause of just about everything that comes up is the threat of being sued...It complicates things at times and it takes reasonable effort and competence to prevail..Whatever has to be done to do good business...lets get to it!

Aug 19, 2013 11:58 PM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

What's even worse Gene is that if the house goes back on the market, the REO's have no obligation to disclose the issue and therefore, some unwitting homebuyer pays for another home inspection and another appraisal and the issue comes up again and again until the property sells.

Aug 20, 2013 12:18 AM
Suzanne Otto
Six Twenty Designs - Lansdale, PA
Your Montgomery County PA home stager

That would be absurd to let $150-$200 get in the way of a sale!

Aren't "blemishes" such as missing handrails, darkened or discolored drywall part of the deal when buying REO? The appraisers should look at these issues, and realize that it's going to be a "less than ideal" situation regardless because it's a foreclosure. If you're buying REO, expect to have to do some repairs right out of the gate.

Aug 20, 2013 12:52 AM
Andrew Payne Realtor® Richmond VA Homes For Sale~804-938-5257~
Piedmont Real Estate - Richmond, VA
Richmond, VA, Real Estate, SRES®, NAR Green

Gene,

Each situation is different.  Certainly, there needs to be a way to resolve minor repairs, so that the buyers can go to closing.  Financially speaking, sellers need to be aware of the their costs associated with letting a deal go because of a minor repair.  Otherwise, the same situation could repeat itself later.

Andrew

Aug 20, 2013 12:53 AM
Sharon Miller
RE/MAX Platinum - Crane Hill, AL

Gene,

This is a very timely post. If a majority of those involved in the process would look at the "big picture", a lot of this nonsense would cease to exist. Like other "veterans", over the years I have had to "pony up" on numerous occasions to make the deal work. You're right, being head-strong or an unwillingness to compromise has killed many deals. I have found that engaging in serious conversation with both buyer and seller, explaining what is likely to happen, breaks down the "I am not paying" attitude. In dealing with a mortgage lender or a bank, if I hit a roadblock, I usually get resolution by speaking with a senior manager or supervisor. Recently I have experienced situations where my buyers had to deal with unqualified appraisers, (no shows - out of the area etc.) my solution, I contact my buyer and suggest they speak with their lender and request another appraiser. If the lender is uncooperative, my buyer is directed to find another mortgage lender. It's amazing how accommodating most mortgage lenders will become, once they realize a customer might "reject" them. I am still confused as to why a mortgage lender (seller) would let an outstanding minor repair find its way to an underwriters desk??? Where adversity abounds - opportunity knocks....   

Aug 20, 2013 12:54 AM
Team Honeycutt
Allen Tate - Concord, NC

I feel the answer to your question should be No but often times a closing does not occur when this situation happens.

Betty

Aug 20, 2013 01:48 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Praful:  No doubt about it, sometimes the delays are caused by much-needed repairs.  No issues with that!

Exactly, Ginger.  A compromise shouldn't be that hard to reach, given the minor amount of money in question and the simplicity of the repairs ...

Greg:  No doubt about it, there are a host of solutions.  Some better (and faster) than others.  I'm hoping that we don't get to the point where we have to pull one of those ideas out of a hat!

Jeff:  It's great when reasonable professionals find reasonable solutions.  The wheels are in motion on one of these transactions.  Hopefully, that's a positive sign ...

Exactly why they say that Appraisals are an opinion of the Appraiser viewing the property.  There are guidelines to be sure, but what one deems significant or worthy of commenting on, another will pass on.  Appraisers must know and understand what is currently happening ... and make that decision, IMO ...

Ed:  My reply to your comment?  Amen!

Lynn:  George comments often .. and it's greatly appreciated.  We Lenders here on AR share with one another often and it's a valuable learning tool ...

Joe:  It should be simple .. definitely.  One of the transactions I spoke of seems to be working itself out.  A compromise and repair is on the table.  Good news!  Now ... the others ...

Joe:  True, certain issues are seen more often.  I'm not sure if that helps or hinders the process.  If we learn from past circumstances and situations, I'm hoping it helps ...

Cindy:  Especially when it's stated in bold letters ... "as is" on the Contract.  What is unclear about that?

Donna and Larry:  Yep ... reminds me of the old saying, "the bugger's in the details!"  So true ...

Jared:  Reasonable solutions, such as yours, can be found, if the parties involved are reasonable.  Time will tell ...

Anthony:  In the old days when Lenders could be a part of the solution, this wouldn't be an issue.  Now, not so.  If we could just get a fluid conversation going, that would help too.  The solutions seem to be coming, but slowly.  Technology helps and slows things down too.  I'm keeping my fingers crossed in these instances.    And Joliet, is slowly seeing positive movement in some pockets of the city.  Will County is much the same.  Some areas are recovering more quickly than others.  New construction is popping up again.  Good to see.  Glad to hear from a local!  Shout out if you come back this way ... and yes, Go Bears!!  and Cubbies!!  and Blackhawks!!

Nina:  God Bless You!  No surprises that way ... and typically a client has infinitely more patience when educated like this!

Totally agree, Michael.  The appraiser's comment threw a real wrench in the transaction when it shouldn't have ...

Kathy:  The new owners are going to tackle repairs, no doubt about it.  This minor repair holding up the Closing is just a "blip" in the overall project ...

Rosie:  Heels have been dug in on more minor issues!!  Hopefully level heads prevail ...

Wise words, Richie!  "Whatever has to be done to do good business ... lets get to it!"

You nailed it, Charita!  The issue is NOT going away most likely ...

Suzanne:  I'm thinking the Appraiser put that comment down not understanding the possible ramifications of it.  Not thinking.  But after they have been made to comment a few times regarding the same type of issues?  No Appraiser likes to have to address their report "after the fact". 

So true, Andrew.  The odds of this cropping-up with the next Buyer too is huge.  And the extra time, effort, money involved to re-list and sell the property again?  Certainly more costly than the repairs we speak of here ...

Sharon:  There is the lender (me, the actual Originator) and the Lender (Seller/REO) of this property.  I am trying hard to facilitate action that is equitable to all.  The Lender (Seller/Reo) is in jeopardy of having to start all over with this transaction, should they ultimately decide to NOT repair or pay for a repair on this property.  Things are looking more positive .. and much more reasonable, as of right now.  In the old days, as you say "ponying up" to keep a transaction going was more likely to happen.  The Lender (me) cannot do that now.  Rules/Regulations prohibit me.  I'm trying to keep communication flowing.  It appears in the one case, that it's working and helping to solve the issue.  Whew!

Team Honeycutt:  Yes, I've seen the outcome be both positive and negative.  I'm certainly hoping that cooler heads prevail on this issue .. and common sense wins out ...

Gene

 

Aug 20, 2013 06:18 AM