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10 tips for making an offer on a Foreclosure

By
Real Estate Agent with The Benya Group 618516

I've worked on plenty of Foreclosure transactions over the years, both as the listing agent and as the buyers agent, so I've gotten a great perspective on how both buyers and bank approach a foreclosure sale. There are a lot of mistakes commonly made that can prevent an offer from being accepted, so I've put together a list of tips for buyers in Southern Maryland who are considering putting in an offer on a foreclosed home

1. Make Sure You Include A Walk-Away Clause

Any foreclosure you buy is going to be sold As-Is. That means that the bank doesn't want to make any repairs (Although in certain situations they just might), so make sure you have a "walk-away" or "right to terminate" clause attached to the home inspection. This way, if the inspector finds a major problem that you can't handle, you have the ability to walk out of the contract and get your deposit back without penalty.

2. Don't Reduce Your Offering Price Based on Repairs

Yes, there are probably issues of some sort, it's uncommon to see a foreclosed home in perfect shape. That being said, don't base your offer on the amount you think repairs are going to run. The bank has probably been made aware of suggested repairs by their agent, long before you first saw the house, and they have adjusted the listing price to reflect that. This doesn't mean that you should necessarily offer full price, but putting in an offer based off of "list price - repairs" is not the right way to go about it. Instead, look at what fair market value of the home would be, subtract cost of repairs from that, and then consider your offer price.

3. Get A Mold Test

Yes, the house is beautiful, no, there's no visible mold, and yes you want to make an attractive offer to the bank. Trust me on this. Don't skip the mold test. The bank is exempt from a disclosure/disclaimer statement, and they've never seen the property personally. The property has also been vacant for an extended period of time, and may have also been without heat, electricity, water, etc. Certain types of mold can cause serious health problems, even cancer, and a great real estate deal is not worth risking your health over.

4. Don't Re-Write The Bank's Addendums

If you've read through a bank's required addendum that they attach to every property they sell, it probably left you a little hot under the collar and nervous about the legal jargon you waded through. Good news: You're not alone, lots of people have gotten upset about the way they are worded and the restrictions they impose. Bad news: You don't get the opportunity to rewrite their legalese. Bank Addendums are just one of those facts of life when it comes to buying a foreclosure. At some point, some lawyer in a big fancy office decided that the best way to protect his client (the bank) would be to create a document that would be attached to every single foreclosed home that the bank had to sell. That trickles down the chain of command to the asset manager in charge of selling the property, and the last thing an asset manager is going to do is risk his/her job and the company's liability because you don't like their paperwork. In fact, they would sooner choose another offer, for less money, than they would consider changing that document.

5. Be Prepared To Pre-Approve With The Bank That Owns The Property

It's kind of unfair in some people's eyes. Many banks, such as Bank of America, require you to pre-qualify with one of their lenders before they are willing to consider your offer. It's like playing poker with your cards face up, but if you don't do it, they won't play. Although the bank cannot force you to use their financing, they can institute policies restricting what they will offer financially as incentive to buyers. Some banks will only pay closing costs if you use their lender, for example. If you don't like the policy, find a foreclosure that does not require pre-approval through a preferred lender.

6. Don't Choose A Rookie Realtor To Assist You

You should always try to work with a real estate professional who has been in the business for awhile, and it's even more important when dealing with a foreclosure. If you can find an agent with a great reputation that has been in the business for a few years, they have probably dealt with foreclosures many times over and they understand the risks involved and how to keep their clients well protected. When settlement gets held up a week on a normal transaction, you need to extend the closing date. When settlement gets held up a week on a foreclosure, the buyer may be liable to the bank for thousands of dollars. And experienced agent can help you avoid that.

7. Make Sure Utilities Will Be On For Inspections

Don't assume the bank is going to be kind enough to ensure that all of the utilities are on for your home inspection. If you don't ask for it, you might not get it, so make sure that you do. It's not very easy to check for leaky pipes on a home that has been winterized!

8. Give Yourself Extra Time For The Closing Date

If your lender says they can close the loan in 30 days, add a week or two onto that time frame in the contract. This is all about expectations, and if you can close early, that's great! If you close late, the bank that owns the property may try to charge you for not adhering to the terms of the deal. Save yourself the headache by adding in extra time. It's not a big surprise to see a loan processor ask for additional information at the last minute, and those types of things can easily delay settlement.

9. Don't Submit An Incomplete Offer

As an agent that lists foreclosures, I can tell you exactly what happens to offers that are missing lender pre-approvals, earnest money deposit checks and required paperwork: NOTHING AT ALL. I cant's submit an incomplete offer to the bank, so if you submit an incomplete offer to the listing agent, it may never see the light of day. Make sure that all of the paperwork is present and accounted for BEFORE you submit it.

10. If It Looks Too Good To Be True, It Probably Is.

Banks are not in the business of giving away homes, regardless of what you heard on the radio. If you see a big home listed for half (or less) of what every other home in the neighborhood has sold for, I guarantee you there's a reason. I've listed homes that should be worth $600,000 for as little as $200,000, and every time it's been because the house was in wretched condition. Unfortunately, many people don't understand this, and when I list that sort of property, I know I'm going to get tons of calls from people who think they found a great deal, but the reality is that only an investor is going to have the cash to be able to rehab the property.

Tom Robinson
Keller Williams Realty Kingstowne/Alexandria, VA Office - Fairfax, VA
Experienced Real Estate, Professional Serving No. VA and DC

Jonathan,

I have had a fair amount of experience with foreclosures and short sales as an investor and agent. In regard to REOs; I warn the general home buying public that the bank addendum will be heavily in the banks favor. They need to prepare themselves for it. That is where I find regular home buyers, not savvy investors, freak out and walk away from a deal. I have started to use an example or template (details hidden) of a previous bank addendum to show to prospective buyers. I need to find out up front if they really want a foreclosure or should we opt for a regular sale (and the price usually isn't much different in No.Va.).

 

Dec 19, 2010 05:24 AM
Patty Luther
RE/MAX Rock-n-Roll Realty - Lewiston, ID
Lewiston ID Real Estate, Idaho-Washington

good tips  ????  BUT rookie Realtors  ~ everyone has to learn somehow and we have all been rookies... 

Dec 19, 2010 05:25 AM
Mike Morrison
Will & Will Real Estate Brokers, The Woodlands, Texas - Houston, TX

My question is why in the world would you make an offer on a foreclosure, given the known issues with title & "put back" issues ? And No, title issues have not been solved regarding any of the MERS Crimes of Omission.

Dec 19, 2010 06:32 AM
Anonymous
Jonathan Benya
Mike, My question is why would you even comment on this article, which is not about clarity of title, to complain about put back issues? Further, this article is written with my local region in mind, not yours. Seeing that Maryland handles foreclosure in a unique fashion and title companies here are not afraid to continue insurance issuance, I don't think it's fair to assume your local state has the same concerns that mine does.
Dec 19, 2010 06:47 AM
#4
Ginger Harper
Coldwell Banker Sea Coast Advantage~ Ginger Harper Real Estate Team - Southport, NC
Your Southport~Oak Island Agent~Brunswick County!

Very good post.  If buying a foreclosure..you must  go into the transaction with your eyes...wide open.

 

Dec 19, 2010 07:44 AM
Marcy Moyer
eXp Realty of California Silicon Valley Probate, Trust, and Investment Sales - Mountain View, CA
Probate, Trust, and Investment Specialist

Good tip about making sure utilities are turned on. The foreclosures my buyers have purchased have had utilities turned on for us, but one should never assume a bank or asset company is going to do anything.

Dec 19, 2010 02:04 PM
Mike Morrison
Will & Will Real Estate Brokers, The Woodlands, Texas - Houston, TX

Jonathan, I'm not complaining about anything. Just stating facts.

So let me get this straight. I'm not supposed to comment on any topic that is outside my area? I didn't know that was a rule. Excuse me I'm sorry. Or..am I not supposed to say I'm sorry. Don't know your rules. Fair has nothing to do with my comment. Oh.. I'm sorry am I allowed to make that statement??? Just let me know.

Dec 19, 2010 04:01 PM
Jonathan Benya
The Benya Group - Waldorf, MD
The Benya Group

Wow, Mike, I had no idea you were so easily offended, my deepest apologies for hurting your feelings.

Please feel free to comment on whatever you want, I just thought it was odd that you would make a comment about conveyance on a blog post written for consumers that are 1,000+ miles away from you in a state that handles foreclosure proceedings and title conveyance differently. 

 

Dec 19, 2010 04:27 PM
Trustworthy Responsive-Personal-Banking
HOMEPATH, USDA, VHDA, FHA, VA, CONV & JUMBO MORTGAGES - McLean, VA
Younullre not just a client-your a FRIEND!

Jonathan,

You definitely know what your talking about because banks will not mess with your offer if you try to mess with any of the addendums and/or  wording of the contract. I loved your common sensical methodology in dealing with Foreclosures. Very helpful information.

Dec 20, 2010 02:31 PM