Special offer

What Happens When Banks Get into the Real Estate Business?

By
Real Estate Agent with Integrity Real Estate Group

Confusing Times in Real EstateA few years ago Realtors® were up in arms about the thought that banks might get into the real estate business.  Letters were fired off, hearings were held and the NAR spent thousands to make sure that banks stayed at arms length from the real estate transaction.

Fast forward to today and across the country, banks and lenders ARE in the real estate business.   In fact in some areas of the country there are more bank owned properties listed in the MLS than there are seller owned properties. 

What makes this so frightening is that the banks and lenders have no clue how a real estate transaction works.  It isn't that they aren't trying but the employees behind the scenes have never handled the listing or sale of a home in their lives.  So when a contract comes across their desk they have no idea what they might be seeing.

Over the last two weeks I have been involved in a transaction that has completely baffled not only me, my clients and my broker but I am sure the other agent who also has an offer in on the same property.  As listing agents one look at the contracts and we would have been able to give our seller a simple recommendation.  Offer A is for x dollars and Offer B is for y dollars.  Offer A is higher and all other terms and conditions are the same so let's select offer A.

However the bank decides to ask both Offer A and Offer B to make a best and final offer.  What happens?  Both Offer A and Offer B come back with identical amounts and terms.  Alright wise ones now what do you do?  You send both offers a counter outlining the price and subsidy that you will accept.  Excuse me you send both offers the same counter offer instead of letting them choose what they want to counter?

What did the bank think would happen?  Perhaps that someone would blink and pull out of the process?  Instead they get back the exact same accepted response to their counter offer.  So you still have the same offer from two prospective buyers.  Would an experienced agent ever have gotten a seller into this predicament?  I highly doubt it.  While the bank is trying to sort all of this out both agents submit contract amendments changing the amount of their last offers.

 Now Offer A and Offer B are back to being different again.  Does the bank decide that enough is enough and it is time to select the current highest offer in their hands?  No they ask once again for best and final offers.  At what point does this go beyond stupid to the point of ridiculous?  Meanwhile they have a home that could be two weeks closer to settlement

If  banks want to be in the real estate business then they need to hire brokers and real estate agents in house to unlock the mystery of how a real estate transaction works.  I'm not going to tell them they can't be in the real estate business because folks that ship has sailed.  Instead now we have to figure out a way to get inside their doors and help them understand the process and that when you have multiple offers you don't under any circumstances counter with the exact same terms to TWO different contracts! 

Posted by

                                   Real People*Real Lives*Real Estate

If you are interested in learning more about the Northern Virginia Real Estate market including Alexandria, Arlington, Fairfax and Prince William Counties give Cindy Jones and Integrity Real Estate Group a call at 703-346-2213.

Military Relocation Specialist serving military families relocating to and from the Pentagon, Fort Belvoir, Quantico MCB and all of the Military District of Washington installations. 

Military Relocation Professional


Check out www.varealestatetalk.com and www.cjrealtygroup.com for more information.

Integrity Real Estate Group
 
Real People*Real Life*Real Estate

Licensed in the Commonwealth of Virginia



 

 

Comments(59)

Deborah Ryman
Santa Cruz, CA
M.A. Feng Shui Services, Santa Cruz County

I have a dumb question: How are banks allowed to act as real estate agents without the benefit of a license?

And number two: Are the people making the less than brilliant decisions entry level people, or are the banks recruiting top notch folks to handle this complicated business stream they have taken on?

Jul 02, 2008 03:25 PM
John Novak
Keller Williams Realty The Marketplace - Las Vegas, NV
Henderson, Las Vegas and Summerlin Real Estate

It's definitely an adventure working with banks in the Las Vegas market. My question is 'how do the bank REO departments explain to senior management why properties take so long to sell (if they sell) when they're receiving so many multiple offers?'

Jul 02, 2008 03:25 PM
Roland Woodworth
Blue Cord Realty - Clarksville, TN
Blue Cord Realty

Cindy: A very interesting situation you have here. I agree.. the banks need to hire licened agents if they want to be in the real estate business

Jul 02, 2008 03:28 PM
Artisan Custom Estates
Artisan Custom Estates - Alpharetta, GA

Thanks Cindy....  No question that banks are in the real estate business in a big way over the next couple of years....  There do seem to be a number of business that are in start up mode to support this phenomenon, but it's makes for a chaotic environment till the dust settles a bit...

Jul 02, 2008 03:37 PM
Bob & Carolin Benjamin
Benjamin Realty LLC - Gold Canyon, AZ
East Phoenix Arizona Homes

There are so many of these situations like you describe that it is just plain ridiculous. Frustrating for the buyers and agents big time.

Jul 02, 2008 08:22 PM
Dick Betts
TOUCHSTONE REAL ESTATE - The Villages, FL
REALTOR® The Villages, Florida

Sounds very confusing.  I think you are safe for awhile!

Jul 03, 2008 01:46 AM
Margaret Mitchell
Coldwell Banker Yorke Realty - York, ME
Seacoast Maine & NH Real Estate

Cindy - Your excellent post not only highlights the banks' issues, but just how astute (and patient!)any agent handling bank sales must be.  Thanks.

Jul 03, 2008 05:16 AM
Mary Haughie
Triton Insurance Group - Miami, FL

This mess wasn't created overnight, nor will it be solved overnight. The situation you explained absolutely sounds chaotic and unproductive. Your best bet is to keep the lines of communication open. Pick up the phone, make a phone call to the bank and have the bank explained their process to you.

For example: I am an AE for an FHA lender working on a loan for an REO property. The seller for the property is correct on the first page of the contract, appraisal and title. The contract is signed by the sellers "servicing company". This would be OK as long as I have the proper POA, which in this instance I don't. I asked the mortgage broker to contact the listing agent and request the correct POA. Return call from the broker states the listing agent does not agree with the lenders request that "this is how we always do it". (However, in similar circumstances in the past I have had the broker lie to me because they never made the call, so not sure what to believe.) I would call the listing agent myself, but I have a copy of an incomplete contract and I can't even read the listing agents name or company because the writing is scribbled. I use a magnifying glass and am able to make out the the seller signature and company. I research on the web and find a customer service phone number. I call and POLIETLY ask them for help locating the person who signed the contract. The operator, who was at first suspicious of my call, then connected me to the REO specialist on the east coast. The REO specialist listened to my predicament and was more than willing to help. I was then given a number on the west coast to call. I had to leave a message, but was very relieved to receive a call back. This person was also very helpful connecting the dots. This property's REO transaction actually involves 2 servicing companies and a bank. It turns out that the property should have been quick claimed to the second serving company prior to the sale and the POA was indeed the wrong one, and should have never have been used.  However, I am to receive the correct POA and I have the REO Closing Team Leaders information should my underwriter have additional questions.

As a lender I am not trying to make anyone's life unbearable, but I have to make sure the transaction is "legal". No one wants to buy back the property because the transaction was not executed correctly. The only suggestion I have is again, pick up the phone if you have any questions. Let's help each other out. POLIETY has been capitalized to remind us all we have a job to do TOGETHER. 

Jul 03, 2008 06:26 AM
Anonymous
Annoyed

Banks are not in the real estate business - that is the stupidest thing I have ever heard.

Consumers got too greedy, bought houses they couldn't afford without regard to their variable rates, banks were stupid enough to lend to them - the owners defaulted and now the bank has the sell their house. Plain and simple. Banks didn't get in ca-hoots to decide to become real estate agents, they aren't that smart...

Jul 03, 2008 07:39 AM
#49
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Annoyed-banks are selling houses, I don't think there can be much debate  on that issue.  Banks have for years been lobbying to open their own brokerages to go along with their mortgage business.  One stop shopping for home buyers.  Until all of the recent chaos in the market they had not been successful.  Now they are sitting on huge amounts of inventory and they are dictating the terms to buyers and agents as to how to handle a transaction.  Many of them require that the buyers must pre-qualify with them.    Talk about data capture.  Even if the buyer decides to use their own lender all of their information is now in the lenders database.  How much mail do you think the buyer is going to get from that lender in the future?

The asset managers who are handling these transactions don't know how a real estate transaction works.  And why should they?  I don't fault them for not understanding the real estate business any more than I would expect them to fault me for not knowing the mortgage business.  However now that they are sitting on all of these assets they need to learn about the business.  If that means they need to "hire" realtors as advisors or as processors then they should.  It would never take two competent agents 2 weeks to ratify a contract even when there are multiple offers. 

I'm sorry you think it is the "stupidest" thing you have ever heard.  For me the stupidest thing I've heard is the clerk at the local drive through resturant asking me if I wanted my order to go!

Jul 03, 2008 08:01 AM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Mary-I'm okay with a bit of chaos and certainly keeping the lines of communication open is paramount in any transactions.  And I don't fault the lenders for not throughly understanding a real estate transaction.  I do have an issue that we are well into the problem, no matter who we want to say created it, with bank owned properties and I don't think we are seeing any improvement in the process.  In our area there were another 800 properties that the lenders acquired in May and I'm sure an equal amount in June.  They can't handle the inventory, yet there are plenty of buyers out making offers and getting frustrated and walking away.  I've had multiple deals die because the bank just couldn't or didn't respond.   I continue to hold out hope that it will improve but just as other industries I've worked in when through business process reengineering I think it is time for our two industries to put our heads together and work this out.

Jul 03, 2008 08:08 AM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Todd-I'm a believer in a variety of business models and if working as a salaried employee to sell real estate is appealing then by all means why should someone fault you for that.  I can envision this happening in my real estate lifetime.  I say that strictly from a buyer's agent perspective.  There are already some real estate brokerages out there following this model.  I'm ready to be hired as consultant by any lender who wants me to help out with reengineering their processes to help deal with all of this mess.  The sooner we clear out the inventory the better it will be for everyone.

Jul 03, 2008 08:12 AM
Anonymous
Jim

Cindy, lets go over some points. I'll underline my responses.

Annoyed-banks are selling houses, I don't think there can be much debate  on that issue.  Banks have for years been lobbying to open their own brokerages to go along with their mortgage business.  One stop shopping for home buyers.  
Quite a few Real Estate agencies do this already. Coldwell Banker mortgage as an example?

Until all of the recent chaos in the market they had not been successful.  Now they are sitting on huge amounts of inventory and they are dictating the terms to buyers and agents as to how to handle a transaction.  Many of them require that the buyers must pre-qualify with them.    Talk about data capture. 
Data capture: telling your clients which lender they should, telling them which home inspetor they should use. Conflicts of interest?

Even if the buyer decides to use their own lender all of their information is now in the lenders database.  How much mail do you think the buyer is going to get from that lender in the future?
Does that even matter? I get so much mail from the local pizza place i despise. I just throw it out.

The asset managers who are handling these transactions don't know how a real estate transaction works.  And why should they?  I don't fault them for not understanding the real estate business any more than I would expect them to fault me for not knowing the mortgage business.  However now that they are sitting on all of these assets they need to learn about the business. 
Now that the mortgage business is changing so fast, you need to learn about the mortgage business.

If that means they need to "hire" realtors as advisors or as processors then they should.  It would never take two competent agents 2 weeks to ratify a contract even when there are multiple offers. 
How many realtors do they send their reo's to?

I'm sorry you think it is the "stupidest" thing you have ever heard.  For me the stupidest thing I've heard is the clerk at the local drive through resturant asking me if I wanted my order to go!
The stupidest thing i ever heard of is the Home Depot CEO making 16 million a year while i have to check out my own hammer and light bulbs at the check out counter. Where has customer service gone?

Jul 03, 2008 09:07 AM
#53
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Jim-Yes there are real estate companies that have their own relationships with mortgage companies but do they require a buyer to pre-qualify with them before they can make an offer on a property?  NO!

You can throw out all of the junk mail you receive from the pizza parlor just remember that they haven't asked for your SSN, your employment history, your bank account information or any of the information required to apply of a mortgage loan.  I think that is a lot different than being in a geographic area for a free pizza.

If my clients need assistance with home inspectors, contractors, lenders they get a list and have the freedom to choose anyone they want.  It isn't a YOU MUST USE situation.

I have regular conversations with mortgage lenders to ask what are the latest products available.  What I don't do is try to process a loan or tell a lender how they should process a loan.  That is their primary business.  My primary business is putting together the best offer for my clients on a property they want to buy and having a lender control that process instead of being a partner in the process is where the difficulty resides.

We have agents in our area that are handling 100's of REO listings.  There are processes that can be put in place that would eliminate some of the time it takes to review an offer and make a decision.  In a previous "life" I spent a good deal of time working with large institutions on business process reengineering and the process can be streamlined and improved. 

You have the choice at Home Depot to go to self service or to go full service.  People have begged for self service in just about every industry you can imagine.  Now that they have it they complain about the lack of customer service.  Talk about a no win situation. 

 

Jul 03, 2008 11:42 AM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Deborah-if builders can have non-licensed people selling model homes I wonder if lenders could have an employee model that might allow non-licensed individuals to sell home?   Currently the bank isn't technically selling the house since they have them listed through an agent or auction house.  They are however controlling the process of how the transaction takes place.  I've dealt with some folks who have "VP" in their title so I'm going to give them the benefit of having experience just not with selling a home.

Jul 03, 2008 11:48 AM
Frank & Jodi Orlando
Frank & Jodi Orlando Get Us A Home Realty Atlanta Homes Sale - Cumming, GA

We closed a bank owned home 2 months ago, there were 2 offers on the table, the bank chose ours because it was $100.00 better. No counter, no negotiation, yours is better we'll take it. Huh? Well OK, no problem for us, but, is this how you run a business? ANY of us would have countered and I'll bet the other agent was distraught...

Jul 04, 2008 12:14 AM
Deborah Ryman
Santa Cruz, CA
M.A. Feng Shui Services, Santa Cruz County

Now that the banks have all of this real estate inventory, does it not make sense that they might want to hire competent people to handle the business? How dumb it is to let offers on short sales go because they don't have the personnel to handle the deluge of files? It's kind of a basic supply and demand issue.

Jul 05, 2008 12:40 PM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Frank and Jodi-I lost a deal by $500 once but that was when an agent, who I now know is famous for this trick, sold it to his own client after he got our "best and final".  If they had taken our originally addendum they deal would have gone to us.  I've never made that mistake again.

Jul 05, 2008 10:11 PM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Deborah-short sales are a whole different game.  I'm amazed that a lender who can respond to a foreclosure sale in 48 hours can hold onto a short sale for 90 days and still not make a decision.  Common sense alone should prevail but doesn't seem to.

Jul 05, 2008 10:13 PM
Anonymous
Anonymous

Cindy, hoo boy that STINKS!!!

Jul 05, 2008 11:05 PM
#60