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Wake County Foreclosure homes: "Buyer must be Preapproved by Seller" What's up with that?

By
Real Estate Broker/Owner with Realty Arts NC Broker License #235526

I have seen more of these lately in the Wake County, NC market.

"Bank owned property Sold As IS. Countrywide addendums and Countrywide pre-approval needed to accompany offer."

Particularly from Countrywide and Wells Fargo.  The Seller requires a prospective buyer to get a preapproval from the Seller before accepting an offer.

I know that foreclosures are a dreary business.  I know that people try to buy properties they are not qualified to buy, and that loan officers will hand out pre-approvals they know they can't fund like penny candy, to score points and possibly get future business.

But, isn't it intrusive and onerous for a Buyer to have to submit to a pre-approval process, including credit pull and personal information, from the "other side" of the transaction? 

Where is the confidentiality?  Is it intact between the REO folks and the lending arm, or is it "wink,wink" and off to negotiations? 

Buyers' Agents:  How do you deal with this?  How do you counsel your client?

Posted by

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Scan the QR Code with your Smartphone to Email MeQR CodeMike Jaquish, REALTOR®

919-880-2769 www.RealtyArts.com

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Independent Broker/Owner, Realty Arts

130 Towerview Court,

Cary, NC

Comments(41)

Anonymous
Lee

This is a very pertinent topic!

I work for an Asset Management firm that markets and sellers REO for lenders. The dilema is that we find ourselves accepting offers from buyers with these handed out like candy pre-approvals. Then after weeks and/or months of negotiating the lending falls thru. Now our client has had this property tied up all this time and of course the buyers don't forfeit the Earnest Money  We find ourselves in the position of wanting one of our lending partners to pre-approve the buyers. That way we know it's real and that any negotiating is in good faith with a solid buyer.  Yes, the lender wants the business but truly from the management side we want a solid buyer. When you negotiate you do it because you have a buyer and want to keep them, when you have bent over backwards for them and then the lending falls thru it leaves a bitter taste. Requiring a real preapproval from a lender we trust is not asking too much. We are told it is legal and in compliance with RESPA.

Sep 14, 2007 08:10 AM
#22
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Lee,

Legal and in compliance with RESPA are good things.

But don't we all know "legal" things that we don't like.

I understand the problem, but to require a preapproval from the same company that holds the deed?

That goes beyond trust.

Seems to me that REO folks should assess their inventory and make sure it is habitable and will appraise, and they will lessen the problems they encounter with remorseful Buyers.

Check this out, and you will see the root of many of your funding and remorse issues.

No disclosure.  No utilities.  No agency.  No survey. No addendums available prior to offer.  No knowledge.  No nothing. 

That is the sell side of the foreclosure business.  I didn't cherry-pick those quotes.  I just searched Foreclosures on the TMLS, and was overwhelmed with those quotes.

Sep 14, 2007 09:48 AM
Anonymous
Lee

Hi Mike,

Just a note re: your response. Obviously, not all lenders are equal. The lending partners I referred to are not the sellers of the property.  Some lenders won't finance their own REO properties. We work with housing authorites and other state agencies to find lending and assistance for the buyers. Our aim is to get families into these properties to maintain the the neighborhood and community integrity. In this new and foreclosure cycle our challenge as real estate professionals will be to match the properties with right financing for the property and the buyer.

Lee 

 

Sep 22, 2007 01:05 AM
#24
Anonymous
Amanda
I am so mad at CW right now!!  My husband and I want to buy a house and we are all approved through First Source/Trustcorp but its a Countrywide foreclosure and we cannot get approval through them because I work through a temp service.  So we are being told we cannot purchase the house we want b/c it is a Countrywide foreclosure.  Is there any way around this?
Jan 14, 2008 08:38 AM
#25
Ricardo Cobos
SunTrust Mortgage - Raleigh, NC

Amanda;

 The problem has nothing to do with Countrywide. The problem appears to be a result of your irregular income. Because you work for a temp, regardless of how long you have worked for them, unless you are actually a full time employee of say, Kelly Services, working at a Kelly Services site, then your assignmnet can end at any time without reason. This is why employers use temp services. Once you are a permanent employee, even say at the assignement you are presently at, then you should be able to qualify, as long as everything else meets guidelines.

BTW; this is a Fannie Mae guideline and is not unique to CW.

Jan 14, 2008 09:15 AM
Anonymous
Anonymous
Indiana is an at will employer so any position anywhere here can end at any time.
Jan 14, 2008 09:52 AM
#27
Anonymous
Anonymous
We are approved thru 1st Source/Trustcorp just fine on my temp status so that is not the problem, the problem is CW and their crap!
Jan 14, 2008 09:53 AM
#28
Anonymous
Amanda
So, do you see any way around this so that we can purchase this foreclosed upon property without being approved through CW as long as we have the approval from another bank?  Or is this just not in our future?
Jan 14, 2008 09:56 AM
#29
Ricardo Cobos
SunTrust Mortgage - Raleigh, NC

Amanda;

Regardless of whether or not Indiana is an "At Will" or "Right to Work" State, countrywide, like most conventional lenders are going to follow FannieMae's guidance which is the "Bible" if you will for conventional lending. FannieMae sets the rules, we abide by them...if we want them to insure the loan in the secondary market.

Unless you have been in a vegetative state for most of 2007, you may have heard that we are in the midst of a "mortgage crisis" with more than 210 of the nations mortgage companies, including countrywide either imploding, being sold or dramatically altering their business model in order to keep their doors open. see the following link for a compendium of those companies, at the top is...you guessed it, Countrywide who was sold to Bank of America just last week! http://ml-implode.com/i

Anything that is falling outside of Fannie Mae or Freddie Mac guidelines has no market viability on Wall Street. Therefore, unless you can find a lender willing to lend to you on terms you find palatable, then no, this may not be the right time for you.

For the record, I broker to many lenders and banks, I dont know of anyone who would accept income from a temporary assignment as regular and likely to continue income. I would however reccomend you call me, let me discuss your situation personally and see if there are alternative loan products that you qualify for that would help you to accomplish your goal of owning this house. you can contact me through my website directly at www.ricardocobos.com or by phone 1t 919-559-3384.

One last thing, the seller; COuntrywide in this case, can not require you to use their bank or lender as a condition of the sale. Heck at this point, they are looking pretty unreliable as there has been plenty of legitimate speculation they will be bankrupt before the sale is approved by the regulators!

Jan 14, 2008 12:38 PM
Anonymous
Amanda
Thanks for the advice!  Countrywide finally came through with their pre-approval and then begged us to use them but we decided that 1st Source/Trustcorp was the correct lender for us and made our offer yesterday.  I knew about Countrywide and Bank of America, that is one of the reasons I was so upset that they would not give me the pre-approval when the had to be bailed out by Bank of America!
Jan 21, 2008 08:01 AM
#31
Anonymous
Jackie
I have recieved preapproval from another lender, then recieved preapproval from countrywide to make an offer on a forclosure. I am going to use my lender and not countyrywide and I have made that clear. I have made an offer and am waiting to hear back. At this point my biggest concern is with signing the addendum. I don't feel protected by the document at all and I dont know who to turn to for legal advice as a first time home buyer. What things do I need to ask or be concerned about?
Apr 08, 2008 08:45 AM
#32
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Jackie,

Your Realtor should be some help.  Are you using a Realtor?

And even if you are, you should consider having an attorney look at the addendum.

Countrywide is NOT on your side in this.

Apr 08, 2008 09:39 AM
Anonymous
Jackie
Yes I have a realtor. I have been assured that this is a standard form, that we can meet all the deadlines, etc... I have been trying to collect some free legal advice since I don't have tons of money to spend before I even get into a serious deal on this one. I live out of state so finding a lawyer in NC that could give me some advice and look out for my best interest has proved a challenge. I am prepared to retain a lawyer during the closing process, but although it seems necessary, its just too premature for me to hire someone now since I dont even know if the CW is going to accept my offer. The addendum states that "the closing shall be held in the offices of the seller's attorney or agent, or at a place so designated and approved by the seller." Who is protecting me? Does this mean that I can't have a lawyer present? This is a lot for a first time home buyer... Any referrals? advice?
Apr 09, 2008 03:33 AM
#34
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Jackie,

These are truly questions for the Realtor you have engaged to represent you.  We all have resources like attorneys we share with our clients.

Your Realtor is your Buyer's Agent and your staunch advocate, as indicated in "Working With Real Estate Agents."

It is not my place to interfere with your relationship with your agent.

I strongly advise you talk to your Realtor, and get legal advice on the ramifications of the addendum if you are still not comfortable.

Apr 09, 2008 03:51 AM
Anonymous
Jackie
Will do. Thank you
Apr 09, 2008 07:26 AM
#36
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Good luck, Jackie.

I hope it all goes your way!

Apr 09, 2008 11:43 AM
Anonymous
DF in Florida

So what happens to the non coercian document at closing??? When you are forced to use their lender???

Aug 26, 2008 09:06 AM
#38
Anonymous
Julie

We live in california and we too had to do this with CountryWide. We got approved and I made it EXTERMLY clear that I am only here for the pre-qualifcation letter that THEY are making us do because it is there foreclosure.  That was 2-3 weeks ago and I just got a phone call from my loan broker that THEY *CountryWide* had signed me with them and already put a case number to the case thru FHA. I did not sign anything with them !! Now my broker is trying to get a new number for us which May go over the closing date and we would get fined. I can NOT believe this !!  I wanted to let people know to make sure they are aware that CWide is putting YOU as there client whether or not you have signed anything.  

Sep 10, 2008 03:54 PM
#39
Bill Gross
EXP Realty of California Inc. - Beverly Hills, CA
Certified Probate Expert

I find this offensive as a taxpayer. Wells Fargo and these other lenders made a fortune making lousey loans, when they go bad they use the tax payers to bail out the loans, THEN they earn fees servicing the REOs, THEN require us to use their mortgage agents to get preapproved to force the busienss back to them. I believe this is a restraint of trade. I also think it is an issue tha Congress can get behind. I have a buyer ready to write an offer as I write this and I cannot because I called the Wells Fargo rep on their direct line, cell phone, and all 3 members of their team, and no one has called back in an hour. Listing agent says he will not submit the offer to the seller (Wells Fargo) unless it is preapproved by a particular Wells Fargo agent, no exceptions. I am giving them untiil the end of the day and then I will recommend to my buyer that we submit with a cover letter informing him of his obligation to submit the offer with a Chase preapproval (the last lender required) and tell them if I do not get this offer accepted (at 2% over asking) that I will file a complaint with the Banking regulators and a letter to my congressman and continue to post negative articles on this subject. I cannot believe they get away with this!

Wells Fargo and Countrywide and BofA and WAMU all are double-dipping on this and taking advantage of the situation.

Jan 22, 2009 09:33 AM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Bll,

Don't forget to complain to your MLS, as apparently the property is not really for sale and the listing is bogus.  If it were for real, the impediments to sale would be cleared.

Maybe you should submit an offer for 80% of intended offer price if a mandatory prequal by the cozy loan officer is required, or an additional 25% "bonus" if honest business is conducted.

Jan 22, 2009 10:52 AM