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Trustee's Deeds are NOT Used As Recent Sold Comparables

By
Real Estate Broker/Owner with Realty Works Temecula BRE No: 01233850

Trustee's deeds can only be compared to other trustee's deeds due to the fact they are transferred without repair or warranty, including title issues, and occupancy issues.

I do believe that public sites such as Zillow, Trulia and Redfin have their benefits to consumers who are interested in Real Estate.

However, using them to find current home values is not an accurate way to find "Fair Market Value", or "Recent Sold Comparables", (the amount property will sell for with a willing buyer and a willing seller). 

Trustee's deeds are on public sites as traditional sales however.....Trustee's Deeds are not typical sales, they are used at the last stage of the Foreclosure process to:

1.  Transfer Title to the highest bidder at auction

  • Without clear title, {no title police provided to the new buyer}
  • Must be a cash purchase
  • No inspection contingency
  • Taxes and HOA fees due
  • No repairs
  • No property facts disclosed
  • May include occupants that may  have a lease in place or tenants that may need to be evicted, undisclosed repairs with no warranty expressed or implied.

2. Transfer Title back to the lender if the property does not sell at auction.


When looking for the value of real estate, many buyers are turning to public real estate sites to find out what other buyers are paying for similar real estate that is for sale.  This is  a great theory as "Recent Sold Comparables", are what bank hired appraiser use to place a value on property.

The problem is that "recent sold comparables", are inaccurate on public real estate sites, like Zillow because Trustee's Deeds are mixed in with Grant Deeds. 

Public sites use Trustee's Deed Recordings as recent sold comparables which confuses consumers who are looking for recent sold comparables to use as a basis for purchasing real estate.

 

I find this the most difficult issue for consumers to understand as they believe that all sales are equal and "sales", which are really "recordings of transfer deeds", on the public sites are the same as a purchase transaction.  Buyers who are searching on public sites for recent sold comparables will not find accurate information.  Realtors have access to and pay for recent sold comparables that show the details of the transaction, such as how the property was sold and if any concessions were given to the buyer from the seller.

Here's the problem and if you get nothing else from this post realize this:

  • Trustee's Deeds are transferred and recorded without:  Clear Title, meaning that there is no warranty against delinquent unpaid taxes, delinquent HOAfees, liens, repairs, inspections or any of the other precautionary items that go with a standard residential real estate purchase when the California Residential Purchase Agreement is used.

  • Properties that are transferred using a Trustees Deed are less valuable, because properties that are foreclosed upon can have liens, tenants, hidden and undisclosed repairs and that's why they are sold for a lesser amounts. 

  • Trustee's Deeds, are completely different from Grant Deeds that transfer property in a Real Estate Transaction where there is a willing and able buyer and a willing and able seller!

 

In a standard real estate transaction where the California Residential Purchase Agreement is used, the buyer will most likely not have to pay for:

  • Delinquent property taxes
  • Delinquent homeowners association fees
  • Termite report and section one repairs
  • Government mandated repairs or lender repairs

All of these things add value to a property and property that is merely transferred without all of these added items when a Trustee's Deed is used make a property that is transferred less valuable than a property that has these items included.


Trustee's Deed Facts- A Trustee's Deed does not include a willing seller.  Trustee's deeds are used to transfer title to a new owner who pays cash at a trustee's sale, or to transfer the property back to the lender or bank when a home is foreclosed upon due to non-payment of the note. Then the lender can sell the property and get some of their money back. Trustee's deeds do not even guarantee possession of the property.  If there is a tenant in the home, the lease - if there is one, goes with the property and if there is no lease but occupants in the property those tenants may need to be evicted.


In California, when it comes to the foreclosure process, homes that are foreclosed upon due to the owner not making payments, are handled by a trustee who attempts to sells the property at an auction.  There is no court involvement in this instance. If the property does not sell at the auction it becomes a "Bank Owned Home" and the property is transferred via a Trustees Deed back to the bank and the trustee's deed is recorded in the county in which the property is located transferring title to the foreclosing beneficiary (Bank), allowing the sale of property to recover their debt.

Trustee's Deeds look like regular sales on Zillow, Trulia, Redfin but with all of the liens, warrent-less condition, and other issues, that reduce the value of these properties making these properties transfer for much less, because they are not standard sales, that a consumer who is using the residential purchase agreement buys property with.  

Also, When a Trustee transfers a property to the original lender, any junior lenders are completely wiped out.

Example:  Tax Rolls show a first trust deed of $240,000 and a second trust deed of $75,000 both recorded on December 27th, 2006. 

Ask a Realtor to find recent sold comparables for you directly from the MLS.  How a property is sold is important also.  If there were "seller concessions, given to the buyer", the price can seem inflated.  Real estate agents pay for and belong to the MLS and have access to the most accurate information.

 

 

Jane Grant Southwest Real Estate Telephone: 866 621-0155

FACEBOOKLinkedINU-TubeTwitterTrulia

Contact me for information regarding Real Estate in Southwest Riverside County. My office is in Temecula, and I specialize in selling homes in the Murrieta and Temecula,  Wine County, De Luz, La Cresta, Bear Creek, Murrieta, Wildomar and Menifee, Canyon Lake, Canyon Hills, Lake Elsinore areas! Anywhere in Southwest Riverside County and North San Diego County. 

 

Broker of Record- DRE 01109492
Southwest Real Estate, Inc. 
Telephone: 866 621-0155

Temecula Homes For Sale

Riverside County Homes For Sale

"Riverside County Living"

 

 

 

Comments(15)

Margaret Goss
@Properties - Winnetka, IL
Chicago's North Shore & Winnetka Real Estate

Most people searching for real estate information online have no idea about any of this - you've done a great service to outline it so thoroughly.  We don't have an abundance of distressed homes in this area, but when you do, these comps get into the mix and screw up the statistics.

Jul 29, 2011 09:03 AM
Juli Vosmik
Dominion Fine Properties - Scottsdale, AZ
Scottsdale/Cave Creek, AZ real estate 480-710-0739

Wow, Jane - what a thoughtful and informative post.  The key with the REO sales is the unknown condition of the home and all electricals, appliances, plumbing, etc.  Many buyers will try to compare that "unknown" value for the purchase a home that's currently lived in.  Just not the same.  These days, each comp must be looked at to get a true "apples to apples" value on homes.  Great job.

Jul 29, 2011 09:21 AM
David Artigliere
Reading, Pottstown, Norristown, Philadelphia - Collegeville, PA
ARTI Home Inspections, ASHI Certified Home Inspect

Informative and interesting post on comps.  Good to know!

Jul 29, 2011 09:25 AM
Jim Frimmer
HomeSmart Realty West - San Diego, CA
Realtor & CDPE, Mission Valley specialist

Ii can't even tolerate going over to Trulia and Zillow because I get frustrated every time I do with their lack of, well, their lack of everything.

Jul 29, 2011 04:03 PM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Jane - What a great illustration of what not to use as comparables.  It's true that so many people have no clue what a trustee sale is or how it's not compared to other sales.  I've been recently doing some local market reports and have come across quite a few trustee sales and you're right that it's not a true transaction between a seller and a buyer.

Jul 29, 2011 06:27 PM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Hi Jane, You have clearly shown the difference between a Trustee Deed and a Grant Deed. You are right that many consumers are going on line to get answers and comps for homes, but the services of a real estate agent will serve them BETTER.

Jul 30, 2011 04:20 AM
Dave Gubler
Mission Viejo, Foothill Ranch, Lake Forest, Ladera Ranch - Lake Forest, CA
Realtor | Orange County

Excellent and very detailed post about a subject that many consumers find to be quite murky.  You explain things well and in enough detail to be a useful resource to consumers that are trying to understand how this all works.

Jul 30, 2011 11:33 AM
Faye Y. Taylor
StepStone Realty, LLC - Floresville, TX
Country Living with City Convenience -Wilson Co TX

Excellent and well written post.  Thank you.   It is very informative and makes a great point.,

Sometimes consumers are just that consumers and do not understand all the factors.

Jul 30, 2011 11:40 AM
Sidney Kutchuk - Realty Works Temecula Kutchuk - Realty Works Temecula
Realty Works Temecula - Temecula, CA
Realty Works Temecula

Margaret:  A transfer of property where the buyer has to pay thousands and sometimes tens of thousands of dollars for back taxes, hoa fees, cannot compare to a home purchased with clear title and title insurance paid for by the seller....Thanks for your comment.

Juli:  REO sales that are sold under a CAR residential purchase agreement guarantee clear title but the trustee's sale properties do not...that's the biggest difference.  You are right apples to apples is the key!

David:  Thanks for stopping by!

Jim:  These sites are useful for getting people involved in real estate but for true factual comparables, they are not useful.

Donne: I think Riverside County has more skewed comparables because of all of the trustee's deeds!  I get a lot of people here in Riverside County that tell me a property has "Sold", 3 times in one year, but as we know, a "Transfer", of a property is not necessarily a "Sale". 

Jerry:  True and since we pay for MLS information in our local areas we can also see how a property sold and if the seller gave any concessions to the buyer!

Dave:  Thank you for your comment...I think even many Realtors don't know what trustee's deeds are.

Faye:  your're right, the different recordings that can show up as sales are very confusing.

Jul 30, 2011 01:05 PM
Not a real person
San Diego, CA

I was up in Menifee this morning, over at 33298 Breighton Wood Street.

Happy Saturday!

Jul 30, 2011 01:55 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Jane, This is packed with great info.  I suggested it ... however given the late hour I doubt that the Feature gods are still working.  

Jul 30, 2011 05:14 PM
Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

Jane, this is a great article on trustee deeds. When consumers tell me they use Zillow for tax info and comps, I say they need a professional to help them.

Jul 30, 2011 06:15 PM
Kathy Clulow
Uxbridge, ON
Trusted For Experience - Respected For Results

Jane - I have always maintained if you don't have all the details you don't have sufficient information to make a rational decision ..... folks who use public sites or information for their valuation of property are working with incomplete information they might as well have none

Jul 31, 2011 06:52 AM
EC, JF, Double R and Zoey the Cool Cat
Russel Ray Photos - San Diego, CA

This post is beyond my comprehension, so I’ll just leave you a comment telling you that this post is beyond my comprehension and move on to one of your other posts. lol

Aug 05, 2011 02:45 PM
Lanre-"THE REAL ESTATE FARMER" Folayan
Samson Properties - Bowie, MD
I don't make promises.I deliver results.SOLD HOMES

Jane first I want to congratulate you on passing the 400,000 point club. This is a very well written and informative post. This is why a home buyer and seller should always hire a competent and knowledgeable real estate agent whenever they want to buy or sell a home.  Thanks for posting this.

Aug 05, 2011 05:12 PM