THE BUYER'S GUIDE TO BUYING A BANK OWNED OR FORECLOSURE PROPERTY

By
Mortgage and Lending with Branch Manager NMLS 557050

 

 

My team recently developed this Guide for our buyer's who are buying bank-owned properties for the first-time.  I thought I would share with you as well.  I hope it helps. 

THE BUYER'S GUIDE TO BUYING A BANK OWNED OR FORECLOSURE PROPERTY

In today's Real Estate market, in my city, nearly 80% of the home sales are bank-owned foreclosure properties commonly referred to as Real Estate Owned (REO) properties.

Buying an REO property is very different from closing on a traditional buyer/seller transaction.  The process is much more cumbersome and several entities are involved in the REO transaction. 

This can create more time and challenges for each of these entities to perform their function. 

REO homebuyers can get frustrated during the process.  Since the REO phenomenon started, customer service scores in title, escrow, banking and real estate have plummeted.

Together with my team, we have developed this short, simplified guide to help you better understand the REO transaction process.  While this guide will not change the way the transaction occurs, it may help avoid surprises. 

Buying an REO is a great way to save money and get a fantastic deal.  Just be prepared.

What is an REO or bank-owned property?

A property acquired in foreclosure and now owned by the bank that foreclosed on the property.

How did this property become an REO?

The last owner of this home was not able the mortgage payments.   The mortgage note holder seized the property and evicted the owner.  In some cases, the bank attempted to auction the property and pay off the existing liens and mortgages.  If that was not successful, the bank was then deeded the property by the Trustee.  It is now an REO property.

How do banks sell REO properties?

The banks are not in the real estate holding business so they must sell these homes.   Because most foreclosed properties are not successful at auction, REO properties have flooded the market. 

In any market, if there is an OVERSUPPLY the market will depreciate.  Because of the depreciated market, the banks are going to take a substantial loss on the property.  They have independent, professional real estate agents that assist them is marketing and selling their REO inventory.   The banks also assign asset managers who work closely with these agents.

How do banks price their REO properties?

When a bank takes over a property, they conduct their own due diligence to get an accurate depiction of the homes worth.  They put forth a team of people to assess the current market value of the property through Real Estate Broker Price Opinions (BPO) and in some cases full property appraisals. 

Based on these findings, they typically price the home within 10% of the current market value.  Of course, there are always rare exceptions.  Banks are in business to make money.  If they cannot make money, they need to minimize their losses.  Banks are looking for a certain "net amount" on each particular property. This "net amount" is based on their research of the current market value minus costs associated with the property.  They have priced the home sell quickly but as close to market price as possible. 

Many buyers make the mistake of thinking the bank is desperate to get rid of the property.  They believe they can submit a low-ball offer and expect to get an acceptance or at least a counter-offer. Think again!  Low-ball offers (below 10% of list price) are not typically taken seriously.  They may be a waste of your time.  Worse yet, you may be perceived as an illegitimate buyer.  Banks own many homes in the same area, so this could adversely affect future offers you make on other properties owned by the same bank or listed with the same agents. 

Be reasonable.  Do your research with your agent and determine what the home is really worth.  Make your offer according to value, not to list price. 

How do I find an REO property?

There are thousands of REO properties in our market.  There is only one way to effectively research them all in a timely manner...hire a professional real estate agent.  The seller, upon the successful completion of the transaction, typically pays for the buyer's agent commission.  This will cost you nothing, but may save you thousands. 

Are REO properties damaged?

Some are.  Many are not.   It is important to inspect the home yourself before making an offer.  Once you have viewed the property, consult with your lender about the damage the home has, if any.  

It is equally important to have a professional home inspector inspect the property before you commit to purchasing it.   Your real estate professional will refer you to a top quality home inspector.  When the inspection is completed, your lender will likely need to review a copy of it. 

Many loan programs will require repairs to be completed before you close escrow.   If you do not have the money to do this and the selling bank is not willing to make these repairs, you may need to find another home. 

What does "As-Is" mean?

Nearly every bank-owned property today is sold "as is."   You will have to sign a waiver that states you are willing to accept the home like this.

If a bank is marketing their home "as is", there is a possibility that the home needs repair and they are not willing to make them.  Have your Real Estate Professional give you a thorough run down on what "as is" means to you during a transaction and once you have closed on the property.  In addition, consult with your lender before making an offer on an "as is" home.   Not all loan programs will allow you to buy a home that needs substantial repairs.

I am ready to buy an REO property, what do I need to do to get pre-qualified?

If you make an offer on a bank-owned property, they may require you to be pre-qualified with a home loan consultant from their own bank.  They do this for two reasons; assurances and opportunities. 

They want assurances that you are truly qualified to make an offer.  While you may be pre-qualified by another lender, they will want to review your credit, income and asset scenario in their own systems.  It is not negotiable in most cases and the banks will not consider your offer without a pre-qualification letter from their own institution. You are not required to use this bank for your new mortgage loan; you just need to be pre-qualified through them.  If this is unacceptable to you, you may want to reconsider making offers on bank-owned properties. 

Second, they want to create a business relationship opportunity with you.  Banks are in the business of making money.  Do not let this discourage you.  This is truly in your best interest.  Many times, the Home Loan Consultants from these banks have been authorized to offer discounts and other incentives if you proceed with a loan from their bank. 

In many cases, the bank is taking heavy losses on the property.  If they can recapture the mortgage loan, at least it is not a complete loss.  This creates an opportunity to parlay the great deal you got on the home with a great deal on your mortgage as well.

I am pre-qualified and ready to make an offer.  What is next?

Your offer is submitted to the listing agent.  The listing agent may have to submit to the Asset Manager, who works for the bank, and this is where the negotiation happens.   It may take a few days for a response.  Be patient.   Do not bother writing in a short deadline for the seller to respond.   They may not pay attention to it.

The bank will likely respond in the first 48 hours.  Some banks take 3 - 5 business days.  Once again, be patient.  This is not your regular seller. 

You will not get a response over the weekend or holidays.  All offers submitted over the weekend will be presented the following business day.

As a rule of thumb, REO listing agents will tell you if you make an offer and do not hear back within five business days, the offer has been rejected.   Do not wait around for the rejection or the counter.  It may never come.  Come back with a better offer or find another property.

What does "bring my highest and best offer" mean?

If the bank gets multiple offers, they may go back to all of the potential buyers and ask for each buyer's highest and best offer.  This means come back with your best offer, as the bank will choose one at this point.  In many cases, the bank will not return counter-offers after they have requested this. 

If you are presented with this opportunity, it means you are in the running.  You now have one more opportunity to increase the price or better the terms of your offer.  You can choose to do nothing at this point but it may not get you anywhere.

I made a list price offer but they didn't respond, what gives?

Many REO properties, especially those listed below market value receive multiple offers.  Some houses sell far above list price.  The bank is like any other seller in the market.   They can choose not to accept your offer if one comes in they think is better than yours is.  If you offer list price and ask for your closing costs to be paid and another buyer offers list price and doesn't seek closing costs, the other buyer's offer is stronger.

How long will it take to complete my transaction and move into my property?

Traditionally, buyer and seller contracts are 30 days.  However, this is not a traditional buyer/seller transaction.  In today's REO property market, many buyers feel more comfortable with 45-day closings.   Many banks have late fees of $100 or more per day past the contracted close of escrow date.   These fees add up quickly so it is important to understand what problems can arise that may make you late.

What can make me late?

Aside from the regular loan process, which definitely takes longer in today's stricter lending environment, there are many challenges unique to REO properties.

When the previous owner of your new home was foreclosed on and the bank took possession, a "Trustee's Deed" was issued in the bank's name.  If this process is not executed properly, it may cause delays when the county is trying to record the deed into your name.  There is little that you can do about this except wait until it is corrected.

If a Home Owner's Association (HOA) manages the community, your title company will request an HOA demand on the property.  This demand will ensure that the bank pays any association fees and fines at close of escrow.  If they are not paid at closing, they will transfer with the property into your name and will then be your responsibility.  This can take a lot of time and be complicated but is necessary that it is done and done correctly.   For more details, ask your escrow officer.

For the most part, if the close of escrow is delayed by problems that are out of your control, the bank should not penalize you.  Just be sure to do your part in a timely manner, and you should be ok.

I am in escrow and we discovered a bunch of repairs that need to be made to the home...what do I do now?

Many people that have lost their homes to foreclosure have been struggling financially.  This usually means the home has not been kept properly and is in need of repairs and general maintenance.  Other homeowners, once they know they are losing their home, damage the property on purpose.

When buying an REO property, you must be prepared to do some repairs.  Banks may not agree to make these repairs.  They may not pay for these repairs.  This may require out-of-pocket expense for you. 

They may be willing to help with some, but do not plan on it.  Know what you are buying before you make your offer and be prepared to spend some money for repairs before you move in.

In most contracts, you can back out of the purchase if you find problems with the property or in loan qualifying in a certain time period.  This is called the due diligence period.  Make sure you know how long this due diligence period is when entering into a contract.  Complete all inspections within that period so you can make an informed decision on whether or not to proceed with the purchase.  It is important to respect these deadlines because they are strictly enforced.

Some repairs will be obvious when you visit the property.  Others may be identified during the property inspection and the appraisal process.  The inspector will identify repairs issues and may be able to give you a written estimate of the cost to repair the property.  In some cases, an appraiser may also call for repairs to the property to bring it up to livable or safe condition. 

Identify these issues quickly so you know what you are facing and have the opportunity to cancel if necessary.  Again, this will help protect your deposit money. 

Reconsider buying a bank-owned property if you barely have enough money for the down payment and closing costs unless you have arranged for repairs with the seller.

I have signed my loan docs and I am still waiting for my keys.  What is taking so long?

Just like you executed many documents at your loan signing, the seller has a stack of closing documents to sign as well.  Remember, the seller of your home is a bank or some other financial institution.  It may take the representative who is authorized to sign off on these documents days or even weeks to get around to it.   Your trusted and skilled escrow officer will make sure to stay on this for you.

So, there you have it.  Complicated?  Yes.  Frustrating?  Sometimes.  Time-consuming?  Quite often.

At the end of the day, hopefully, you are getting a new home for you and/or your family at a much-discounted deal so it will all be worth it.  

The best tip we can give you is to remain positive and be patient.   Expect the challenges.  There will very likely be some.   Together with your professional real estate agent and experienced escrow officer, we will all do our very best to get you through it successfully.

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Re-Blogged 1 time:

Re-Blogged By Re-Blogged At
Location:
Nevada
Groups:
Mortgages
Las Vegas, NV Area Real Estate Professionals
All About Mortgages/Mortgage Networking
REO
True Mortgage Professionals
Tags:
foreclosure property
bankowned properties

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Rainer
185,455
Matthew Rosov
Amerisave Mortgage Corporation - Laurel, MD
Certified Mortgage Planning Specialist

Very Informative and helpful.  Thank-you!

Nov 10, 2008 01:05 AM #1
Rainmaker
826,140
Fran Gaspari
Patriot Land Transfer, Inc. - Limerick, PA
"The Title Man" - Title Insurance - PA & NJ

Aaron,

Another 'bookmark' worthy post!!! You've covered it well even considering that local customs may deviate somewhat from some points in your post! Your title company earns their money on these transactions, and will make or break the ease of closing!!! Thanks,   Fran

Nov 10, 2008 01:30 AM #2
Rainmaker
120,967
Richard Sweum
1st Security Bank - Everett, WA

The new "normal cookie cutter transaction" I'm afraid...Oh well, it is what it is...AND it's a deal!

Nov 10, 2008 01:51 AM #3
Rainer
37,666
Aaron Gordon
Branch Manager - Las Vegas, NV
Home Loan Consultant - Las Vegas, NV

Matthew, Fran and Rich - Its the new world.  Feels like we will be here for a while.

Nov 11, 2008 02:06 AM #5
Ambassador
1,511,547
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

Very very informative Aaron!  I think this needs to be given to every potential REO buyer.

I would like to add on it a tidbit about the certificate of resale, ratification and due diligence and a couple of other things. 

 

Nov 11, 2008 03:11 AM #6
Rainer
20,242
Eric McGowan
Moody, AL

Aaron great post. I believe the biggest thing is "patience" for all. These typically do not work out quickly.

Nov 11, 2008 05:21 AM #7
Rainer
1,189
Mercedes Avionn
MLA Realty - Houston, TX

Thank you for such an informative article.

Nov 12, 2008 07:16 AM #8
Rainer
37,666
Aaron Gordon
Branch Manager - Las Vegas, NV
Home Loan Consultant - Las Vegas, NV

Thanks, Renee!

You are right, Eric.  Patience is the main thing on all sides.

Thanks, Mercedes.

Mike, let me know when it launches.

Hope, I have never done that.  How do I get started??

Nov 24, 2008 02:09 PM #9
Rainmaker
99,185
Gerry Suarez Jr.
Jet Home Loans NMLS 1660135 - Maitland, FL
FL Mortgage Guru

Aaron- great post! sorry I had missed it.

I agree we will be doing many of these over the course of next year and 2010 I fear. We best get used to them. Personally I prefer them to short sales and have had all of mine go smooth so far (I just jinxed myself didn't i?).

Please keep up the great info!

Gerry Suarez, Jr.

Your FHA Loan Pro!

Nov 25, 2008 08:56 AM #10
Rainer
29,656
Jay Williams
Greenville, NC - Greenville, NC
Mortgage Loan Officer - Getting You The Right Loan

Very good post. I thought this read like a fellow Countrywide guy. Hope you are doig well.

Jay Williams

Dec 13, 2008 12:56 AM #11
Rainer
174,427
Laurie Logan
Keller Williams Realty, Inc., Broker Associate - Madison, WI
South Central WI Real Estate

Hi Aaron,

Very good information - the REO process is so different from traditional real estate. 

 

Thanks,   Laurie

Dec 19, 2008 09:18 AM #12
Rainer
202,246
Greg Wilson
1st Cornerstone Realty - Schaumburg, IL

This is excellent information to share with clients. I've worked with a few bank owned properties and this advice is golden.

Dec 26, 2008 05:37 AM #13
Rainer
30,910
Scott Blanchard
Mortgage Force - Newtown, CT

Great Post, here is some information I use for people that want to buy Bank Owned Properties:

This is an introduction to buying Bank-Owned Properties. Most buyers do not understand the intricacies involved in buying bank owned or foreclosed properties. There are many things that must be understood before considering these investments. The following are a list of facts and items that you must know. They are the most common elements but are by no means all-inclusive. Prior to making an offer you should request a copy of the bank addendums and review them carefully.

  

1. UTILITIES: Usually are shut off. The bank wants the buyers to turn on utilities in buyers name prior to city and private home inspections and for appraisal.

  

2. CITY INSPECTIONS: The bank wants the buyer to pay for the city inspection and accept all repairs and conditions prior to closing.

  

3. PRIVATE HOME INSPECTIONS: The bank usually wants all potential buyers to pay for their own private home inspection prior to writing an offer, but may make exceptions.

  

4. RE-WINTERIZATION: If winterized, buyer must pay for de-winterizing and re-winterizing the property up front.

5. CLOSING COSTS: Banks are hesitant to pay much in the way of buyers costs, perhaps 3% at the most. VA or HUD will not pay. If the property is HUD or VA owned they will not provide title insurance or pay transfer taxes.

  

6 EARNEST MONEY DEPOSIT: The deposit monies are usually required to be held by the listing office or title company. Because the buyer's agent does not hold them it is very difficult to get back in case of a dispute. They usually want $1,000 in certified funds. Based on a Pre-Approval from buyer's lender, the bank will try to keep the earnest money even if the buyer's mortgage is denied.

  

7. CLOSING DATE: Banks want a firm closing date within 30-45 days or less. If buyer cannot close by that date, even if no fault of their own, the bank will charge a per diem fee, usually $100 per day.

  

8. CLEAR TITLE: Banks will only give you a Special Warranty Deed and not a Warranty Deed. They may not want pay for title insurance. If an issue arises after closing you are in a difficult position.

  

9. "AS-IS" CONDITION: The bank is exempt from disclosing defects in the property and limited in Lead Based Paint disclosures. These homes are usually in rough condition and have been vandalized. Expect extensive repairs.

  

10. CERTIFICATE OF OCCUPANCY: The buyer must obtain their own Certificate of Occupancy in order to occupy property in cities that require inspections. Some cities require that a Bond or Escrow be placed with the city prior to issuing a temporary certificate of occupancy. This bond, from $500 to $3,500, may be forfeited to the city if the property is not brought up to code within 6 months of issuance. Some cities will not even allow utilities to be turned on without a deposit.

  

11. NEGOTIATION: It may take several weeks of waiting and negotiating before a bank accepts an offer from you. Offers are usually countered and accepted verbally. The bank considers a verbal offer to be binding on you but not on them. Some bank addendums even have an escape clause for them essentially giving them the right to back out at any time and for any reason right up to closing. Banks do not usually accept really low offers. Instead, they will gradually reduce the asking price until someone takes it.

  

12. EXTRA FEES: Some bank addendums require you to pay the banks real estate agent a fee or bonus of several hundred dollars.

In general, buying a bank owned property is a high-risk venture. A buyer needs about $5,000 to $20,000, in liquid funds, over and above the normal closing costs to even consider buying a bank owned property.

If you need any other home buyer tips feel free to contatct me.  

  

Jan 02, 2009 02:52 AM #14
Rainer
2,408
Adam Keatts
Wells Fargo Home Mortgage - Walla Walla, WA

I have tried with little success to make offers on short sales and REO's so it is nice that you are trying to get the word out on how to be successful at it.

Jan 21, 2009 05:08 PM #15
Rainer
26,964
Laura Moore Godek
Laura Moore Godek, PC - McHenry, IL

In Illinois most banks have signed documents at closing.  The buyer gets possession the day of closing.

Feb 12, 2009 12:26 PM #16
Anonymous
Ji Li

Thank you for sharing all the information. When does buyer get their CO? before closing or after?

Sep 01, 2009 12:39 AM #17
Rainmaker
3,063,785
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Earnest Money is defined as the $1,000 that the Buyer loses when in contract on one of our listings and they try to pull some "funny stuff"!

Aug 11, 2010 02:43 AM #19
Anonymous
Hwa Jurong

I am Hwa Jurong, a Private Money Lender do you need a loan to start up business or to pay your bills and a corporate financial for real estate and any kinds of business financing. I also offer Loans to individuals,Firms and corporate bodies at 2% interest rate. I give out loan to serious minded people that are interested of loan if interested contact this email: hwajurong382@yahoo.com.sg , hwajurong12@gmail.com and hwajurong12@hotmail.com

Sep 07, 2015 03:46 PM #20
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