Archive for the ‘Management’ Category

Time To Move On

Monday, July 26th, 2010

The following is written to other Realtors.  Not to upset but to emphasize a point.

When you are contacted by an agent informing you that the home you have listed has been foreclosed, don’t ask or expect to receive a listing cancellation.  The fact your listing is executed by a party no longer in ownership cancels your listing.

If you really do not believe the bank’s listing agent, check with your client or the public records.  Don’t waste a lot of time hanging on because somebody has an offer in to your seller.   Your seller has no authority to accept it and the bank is going to want to complete their own valuation before looking at any offers.

Assuming the home is vacant, the bank will likely hire a company quickly to change the locks.  It should not happen but often those fancy electronic lock boxes, are left hanging on the old removed handset.  So, don’t waste any time if you are informed of a change in title.  Not if you want to get your lock box back easily.

Speaking of lock boxes, we have over and over again worked in a spirit of cooperation to remove a lock box for the former listing agent and leave it somewhere that they can pick it up.   When we do this we are not accepting responsibility for what happen to the lock box…so don’t wait a week to come pick it up.

Same can be said for your signs.  We work with the former listing agent, but do not take responsibility and don’t have room in our vehicles to throw them in.

It is common for the banks to have a  property preservation company that changes the locks, mows the lawns, and removes interior debris and furnishings left behind.  A certain estimated value of between $300 and $500 is going to result in a personal property posting notice.  Some Realtors have been known to add a few hand towels, kitchen and bath bric-a-brac, and fake flowers in the mode of staging.  Chances are these are not going to cross the threshold of being saved as personal property.  I have no idea what happens to these items, but please, when you are told the home is foreclosed, just come get your stuff and then confirm.  I have seen this become a big issue in several cases where the agent did not want to stop showings because they were convinced that a sale was about to occur.   

Last but not least, unless you really want to make some type of point that will cause you to have a bad name with the bank seller and have a complaint filed with your local MLS, go ahead and withdrawl your listing from the MLS when informed of the foreclosure.  I realize this is the last line of defense.  I have never seen a bank choose to keep the existing listing agent at this point so there is nothing but bad things to occur by taking this path.

I know it is hard to do, and I do have empathy, but the truth that needs to be accepted is that it is “time to move on”.

As The World Turns

Friday, April 16th, 2010

The words we use.  The labels we associate with actions.  Like most industries, in the default business we have a number of  unique acronyms and labels.  Today I made note of how some of them either do not make sense or are changing.

When I was a young credit analyst at First National Bank in Dallas, we had to learn all about balance sheets.  Actually, I hasd learned quite a bit on this topic at Indiana University with my finance degree.  Nevertheless, a question that has bothered me for about 20 years today was actually asked by a client.

Why do they call it REO?

At first, because I am so indoctrinated to years of this industry, I figured he just needed to understand foreclosures so I started with the pat answer.  I was quickly interrupted by my client as he explained he has an accounting background and REO mean Real Estate Owned which in traditional balance sheets for banks is the account designated for things like their branches, headquarters and operations centers.  Actual real estate owned and a part of their operations. 

The light bulb went on as I realized this client had a legitimate point.  I immediately looked at him and said Oreo.  To the uniformed they would believe I was being rude and asking for a cookie!  The reality is bank owned foreclosures in the accounting world are labeled Other Real Estate Owned.  Other real estate that the bank does not intend to hold for any period and having nothing to do with operations.

I think somebody decided it was easier to say REO.  After all of these years I think I might just start calling it OREO.  I like the sound of being called an Oreo Broker!  Actually might be very politically correct!

This whole dialogue got me thinking later as I reviewed a document offering a tenant funds to move from the foreclosed property where  they currently reside.  For 20 years, these agreements have been affectionately called “Cash For Keys”.  This document was called a “Financial Relocation Assistance” agreement.  OK..that really is political correctness.

Then I saw an ad for a broker advertising to the banks their services.  They thought it was cute to call themselves “Involuntary Relocation Enforcers”.   In today’s default world, I doubt too many people will find that funny.

Just call yourself an OREO Broker.  They will know what you mean!

Unexpected Benefit From Protecting Tenants At Foreclosure Act

Wednesday, March 17th, 2010

I am hearing and reading that certain banks are actually turning the Protecting Tenants At Foreclosure Act (PTFA) to their advantage.  I have not actually experienced ths but it makes sense to me.

PTFA allows a tenant to stay in a foreclosed property for a minimum of 90 days after being notified of foreclosure.  If they can provide a valid lease, they can stay through the term of the lease.  This issue is creating all kinds of issues for banks..with most that we work for taking the approach of trying to buy a tenant out so that they waive their rights under PTFA.

Apparently, in some areas, banks are finding actually having a tenant in the property is helping the marketing and keeping the costs of management down.  Makes perfect sense.  Of course, we need to assume we have a good tenant, which PTFA helps determine by requiring a legitimate lease.  Right away they are likely keeping the heat on and not letting the home deteriorate as fast as it does when left vacant.  Most tenants actually do care and will keep a home in better shape than the alternative.  This can reduce maintennace costs.

The surprize benefit is that banks are learning that if the home has a paying tenant, that insists on the bank honoring their lease, the property has more value to prospective investment purchasers.  Investors are attracted to homes already leased and the idea that possibly they can negotiate a new lease with the tenant is actually allowing these homes to hold value.

As far as I can tell the part that is causing banks fits is they have no idea how to handle property management and related issues such as emergency repairs and rent collection.  There are companies that have sprung up offering these services on a national scale.  All of them are basically built on the national property preservation model..one office managing lots of contractors in the field on a national level.  The problem with this is there are to many hands in a small pie and there are real people involved (the tenants).  Property management handled with this model is not a long term solution.  It is the easy one for the lender as it limits their point of contact.  I can’t blame them for that.

Yet, if good property management of properties with tenants will preserve value and potentially assist in resale…why shortcut the effort with the wholesale approach currently being utilized?  I would encourage the banks to seek out strong local companies that are already familiar with REO, and established in offering property management services to assist in these specific situations.   It appears the returns are well worth not taking short cuts!

What Do They Mean By Sold As-Is?

Monday, July 6th, 2009

1450 Bay Shore 006.jpgFor reasons associated with cost, return, and liability, most bank servicers do not want to perform repairs to a REO property.  Therefore, most REO are marketed sold as-is.  In just a few cases, such as Fannie Mae in some markets who is rehabbing to bring foreclosed homes to owner-occupant buyers, it is up to the buyer to assess what will need to be done to make a home marketable, and the cost to do so.  When a property is marketed “as-is” what can a potential buyer expect?  In most cases, not much.  Buying a home marketed as-is requires the knowledge and skills to assess all parts of the property to assess cost and risk.  It is not a game for the inexperienced, or long distance investor.  Most REO homes require a hands-on buyer for just this reason. 

Lets start with a list of what a bank WILL do.  The good news, I have never seen a bank that would try to sell any home with a trash mound like the one in this picture (taken at an actual Wilmoth REO property).  Banks will perform trash outs.  They will try to offer personal property back to the former owners within the requirements of the local legal system.  The bank will usually do what is necessary to stop a problem that risks causing further damage and loss of value to a property.  The bank will maintain the exterior to a minimum standard required by the local community (lawn, windows, access).  Security of the property will also be provided to the extent the location dictates (steel shutters, boarded windows and doors, deadbolt locksets, etc).

In the category of issues MAYBE the bank will deal with- we have mold.  Water intrusion and the resulting damage is usually tackled by stopping the water damage and then assessing the risk to humans of entering the property.  Lesser amounts of mold are usually left to a new owner to remove.  More serious cases of mold are reviewed and a decision is made whether to market the home utilizing a mold waiver for all parties to execute prior to entering the home, or for the bank to tackle the mitigation process.  In general, this decision rests often with the marketing plan and the expected final buyer (occupant or investor).  The process of mitigating mold could open the bank to liabilities they do not care to assume.  It also usually requires such extensive repairs as part of the process, it likely means a full rehab project for the parts of the home involved.

In the last ten years a new problem has been found increasingly in homes, particularly in more rural areas.  Methamphetamine labs are commonly using a residential home as a cover for their operation. Upon finding a home that was used for the production of meth, the REO broker needs to take precautions and not inhale the air, but obtain a full set of photos.  Remediation will usually become the responsbility of the owner (via foreclosure).  This is a very expensive project as it commonly affects all parts of the property.  Toxins may have saturated the home structure so severely that demolition is the final outcome.  I have never seen a home utilized as a meth lab sold on an “as-is: basis.

Another issue are “grow houses” which basically are homes converted to the full time germination and harvesting of marijuana plants.  Other than a persistant odor that must be removed, this is not as serious of a cost to repair.  Banks will generally remove all carpet and provide fresh paint and a good sterile cleaning.

A new issue being found in the southeast US is the construction of homes around 3-4 years ago with defective Chinese drywall.  Unfortunately, there is not a standard available for determining if this drywall is emitting a hazardous toxin in the air, or just an unpleasant odor.  Either way, having visited several of these homes, the effect of this drywall makes it unreasonable to expect an occupant to reside with the odor.  There is also corrosion to brass fixtures and hardware.  At this time, most banks seem to be taking these properties off the market to determine a strategy for their liquidation.  Assuming no hazards are found in the drywall material, I expect that banks will sell these properties as-is to investors who will strip the home of all the drywall and refinish the interior.  Obviously this will cost the banks in the form of huge losses on each property.  The decisions being considered today will likely involve the fact so little is known about this issue that holding the properties until it is all sorted out is also very costly.

There are many issues facing homes that develop due to simple lack of maintenance.  In general, these issues will be part of the purchase price when a REO property is sold.  There are exceptions and I have tried to identify some of the more significant ones.  Each situation is unique and I would never proclaim this is a comprehensive list.  Time will add new issues..just as a year ago we were just starting to learn about chinese drywall.