Archive for the ‘Foreclosure’ Category

Make Your Offer The One That Is Accepted And Closed!

Tuesday, July 27th, 2010

I follow many different periodicals, blogs and forums..both in print and on line..related to the topic of foreclosure.  There is some really bad advise out there for people as to how easy it is to buy foreclosed properties.   Today I am going to focus on a few simple facts that likely go against what many of these self-proclaimed knowledgeable people state. 

You Should Make Your Offer At 50-60% Under List Price

Only if you wish to waste every body’s time.  Most foreclosures are priced today where they receive multiple offers.  The list price is where the discount to market exists.  Sometimes the bank gets it right, sometimes they need to move the property.  Just know that our average sale to list price ratio on bank owned homes over the last 12 months stood at 98%  That is for almost 600 properties in four different markets!  HINT: There are properties for sale, often by third party servicers or investors, where they do not seem to want to accept the market realities and over-price.  These properties will be on the market for 90 or more days.  Sometimes a more aggressive offer might fly.

Use A Superstar Agent Who Leads The Market In Their Sales Production

What..because everybody will cow-tow to their super stardom?  This one cracks me up.  It is a myth put forward by the large franchise real estate players in support of their top producers who are not funding as much overhead in today’s markets.   Actually what you want is to find an agent who will follow the bank’s very specific instructions for how to submit an offer!  If they are the superstar agent, then fine.   In my experience, they often are not.    For some reason, after years of foreclosures being a major part of the market, there still seem to be agents who think the banks will do business THEIR way and act like they can control the seller.  If you choose one of these agents because of the confidence they seem to exude, you will likely not end up with an accepted offer.  Buying bank owned foreclosures is a rather black and white program.  Your agent needs to be somebody who excels at following instructions and details step by step.  Find out how many bank owned homes they have sold or if you insist on using your cousin, make them share every shred of paper that comes to ensure that things are being done correctly.

The Process Drags Out So Don’t Expect Things To Happen Fast

Again, quite the opposite is true.  Be Available!  Whether by electronic communication, in person, or proxy, now is NOT the time to take that international vacation.  Nobody from the listing agent to the bank really cares if the proposed buyer has to leave the country and will not be available to review the bank addendum contract until next Tuesday when it is due on Monday.  Your accepted offer will be cancelled.  Remember black and white.

The Bank Will Accommodate The Buyer’s Need For Repairs Discovered After A Inspection

Negotiation for repairs kills more accepted deals than anything else.   Yes, I will admit the banks seem to have more tolerance for making a home habitable for owner occupant purchasers than ever before.  Start with considering the type of buyer you are when you feel it necessary to request that the leaking kitchen plumbing be repaired.  If you are investor, please refer back to some of my as-is means as-is posts.  If you are going to live in the property, this request is a wild card.  I do not know how the bank will respond.  The first question I often am asked is “could the buyer have seen this need for repair on their own prior to making the offer?”  If the answer is yes, chances are not good that the bank will front the repair.  TIP-If you really want the property, do not haggle with the bank’s response.  They usually make one response and if you do not accept it they cancel the deal. 

A commonly heard order from Asset Managers is “BOM”.  Back On The Market.  Nobody is ever happy when this happens.  Avoid these pitfalls in order to improve your chance for success in your foreclosure purchase.

So You Want To Buy A Foreclosure?

Thursday, May 6th, 2010

Did somebody (late night television?) convince you that now is the time to get in on the greatest investment opportunity since gold?  Well, just like gold, there is/was an opportunity.  The question now is has the ship already sailed?

The reason for this question lies in the unreasonable returns potential buyers of foreclosures are seeking.  Even owner occupant buyers have it in their heads that they can purchase a foreclosure and immediately see 20% appreciation.  There are several problems with this line of thinking.

The market does not lie. 

There are some big questions about the future.

My comment on “the market does not lie” is based in the reality that when a home is priced below market we see multiple offers.  Makes sense.  More than one person sees the value versus the list price.  What ensues though is a process called “highest and best” that usually ends up with the winning offer getting the home very close to what we believed originally to be the correct value.  The market does not lie.  That is what is so great about “free markets”.  Real estate sales are very much a free-supply/demand market.

The future is a question because nobody, and I mean nobody, has their arms around the amount of foreclosure inventory that is in existence or is still to occur.  You may have heard of the shadow inventory of foreclosures?  This is a reference to the large number of homeowners who are either not making payments, being given modifications that may ultimately default, trying for a short sale, or are just struggling-in addition to the existing defaulted inventory of homes.   Many homes in default and vacant have not been foreclosed on.  The more of these homes that hit the market, the more there is a moderating force on home values.  I continue to see homes sell for a value far below other traditional sales on the same street.  One foreclosure sale can be overlooked as to value.  Several foreclosures, defaults, possible defaults and the market may not ignore.  Remember value, as objectively determined by reviewing recent comparable sales, is not the same thing as what the market will pay.  Uncertainty still is a big factor in what the market will pay.

If you want to buy a foreclosure..time to learn all about the many ways homes become a foreclosure.   CNNMoney.com published an article this week that covers the three ways a home in default can be purchased.  All are relevant and the article is worth your time to review.   It use to be that 90% of default homes were sold in the REO stage (my estimate).  Today we see an increasing percentage occuring in Pre-Foreclosure.  These are usually called short sales because the mortgage is more than the market will pay.  Sheriff sales are very tough and very risky.  Better know what you are doing and have ample cash before trying that game.

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.