Archive for September, 2009

Are You Really Prepared To Buy A Bank-Owned (REO) Home? “Inspection Contingencies”

Thursday, September 24th, 2009

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As I continue to write about the challenges (and rewards) of making offers on bank owned homes I sometimes revisit topics covered in other points in order to provide more detail as to what to expect.  Inspection contingencies seem to be the hot button of the current market.  Let me explain why this single point is misconstrued by many agents representing buyers, and buyers also have tried to use to game the system.

In the old days of REO, and in most traditional sales, a home inspection contingency is pretty standard, and in fact recommended to be built into the purchase offer.  Banks agreed to provide a limited time frame for a buyer to inspect and then decide if they wanted to proceed with a sale.  I have covered this issue in the “as-is means as-is” post but these inspections were to allow the buyer to decide if they wanted to complete the sale or not.  They were rarely going to produce anything more than a cancelled deal if the buyer came back asking the bank to make repairs based on the inspection. 

Unfortunately, in today’s competitive REO sales market, we are increasingly witnessing buyers making offers on properties sight unseen.  These offers are utilizing the inspection contingency to buy time to decide whether to complete the purchase if the offer is accepted.  In other words, they are simply a contingency for the buyer to inspect the property!  This was never the intent of an inspection contingency and now, after experiencing buyer cancellations in excess of 50% of accepted offers, the banks are getting wise to this strategy.

Increasingly, if you as a buyer choose to use the inspection contingency for the purposes of waiting to inspect the property yourself, then be prepared to be at loss of your earnest money.  Banks are only executing contracts upon receipt of non-refundable earnest money.  Therefore, when a buyer elects this tactic, they will likely loose their earnest money if they choose to cancel.  In addition, knowing this strategy is being utilized by buyers, banks are insisting on quick delivery of contracts and earnest money.  If these documents are not executed and returned to the bank on average within about 48 hours of acceptance, the banks are automatically cancelling the deal and moving on to the next offer.  This practice increasingly makes it difficult for a buyer to use this “delayed inspection” contingency strategy.

Bottom line…if you want to buy an REO property you need to go see it as fast as you can.   Playing games with bank contracts will likely cost you money and a degree of unhappiness.  Again, if utilizing a buyers agent encouraging these practices, I would suggest they are not keeping your best interests as a priority and I would find another represemtative.

Other posts in the series ”Are You Really Prepared To Buy A Bank-Owned (REO) Home?”

As-Is Means As-Is

Offer Responses Can Take Time

Can You Stomach Competing With Multiple Offers?

Are You Pre-Approved or Have A POF?

Seller Concessions Might Kill Your Offer

 

Are You Really Prepared To Buy A Bank-Owned (REO) Home? “Seller Concessions Might Kill Your Offer”

Thursday, September 17th, 2009

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As I continue the series of posts asking “Are You Prepared To Buy A Bank Owned Home?” my purpose remains to help you get ready to buy a bank owned home!  Daily I am met with new surprizes at the  misinformation given to buyers about this process.  I have been handling these types of properties for banks for almost 15 years, and I continue to be amazed at the self-labled experts that provide potential buyers bad information…in some cases really bad information.

There seems to be a line of thinking that a buyer can make an offer and not really have the cash or time to complete due-diligence on the property.   In some cases the lack of time is legitimate due to the incredible competition for these properties among a dwindling supply.  (Yes I said dwindling supply-despite record foreclosures.  That whole topic is for another post and one I have to really take some time posting.  I am liable to say something that might get me in trouble!) 

Here is the basic lesson from this post.  Terms matter…particularly with the market as it is today where most properties eventually are priced at a level where they attract multiple offers.  So, if you are short on cash to pay closing costs, for instance, try to figure out a way to get those paid without asking the seller.  It will place your offer at a competitive disadvantage.  When it comes to cash concessions, banks use to see it in one way.  How does it affect the net cash the seller walks away with?  In the old days, prices of properties often were bid up to support the payment of these concessions.  This provided a round-about way for a buyer to pay the costs created in obtaining a mortgage, by actually just borrowing more money!  Today, values of most REO properties are much more subjective and critically reviewed.  Often, a REO seller will prefer not to play these games for fear the property might not appraise. Learning this after a property has been off the market 2-3 weeks usually is not a good thing for a REO Asset Manager’s job security. 

I see many of these Asset Manager’s taking the cleaner deal, with less concession requests even if the net is less.  Multiple offers provide this opportunity to be choosy.  Even if there are no other offers, I see these concession requests counter offered out.  It just sends a message about the strength of the proposed purchaser.  Remember the job security thing?  Asset Managers for banks want deals that close..not ones that crash.  Sometimes offers with requests of cash to help them to close says enough about the odds of ever closing that the risk is not worth it.

As I have stressed throughout this whole series..there are great opportunities in purchasing bank owned homes.  The transaction though is different than buying from a traditional seller.  A traditional seller is not faced with the job security or performance issue if your offer never closes.  They still go to their job (hopefully they have one!) everyday and nobody knows that the offer they accepted on their house is going to crash.  It will not affect their monthly bonus or worse yet, their next job assessment.  This is why you want a nice, clean, competitive offer with plenty of evidence you can perform.  Provide that and you stand the best chance of obtaining a great deal on a bank owned REO property!

Other posts in the series ”Are You Really Prepared To Buy A Bank-Owned (REO) Home?”

As-Is Means As-Is

Offer Responses Can Take Time

Can You Stomach Competing With Multiple Offers?

Are You Pre-Approved or Have A POF?”

 

 

Are You Really Prepared To Buy A Bank-Owned (REO) Home? “Are You Pre-Approved or Have A POF?”

Monday, September 14th, 2009

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If you are starting this entry by asking..”what is a pof” then you are NOT ready to buy a bank owned home.  After reading this post though, you can easily fix that!

A POF is a “proof of funds.”  I have been involved in selling bank REO properties for almost 15 years and if anybody tries to tell you that you can wait to get your offer accepted to provide evidence that you really can buy the property….fire them!  They are not qualified to represent you in purchasing a bank owned home!

Simply, the banks do not like to accept an offer, take the house off the market, and then find out that the buyer can’t perform due to financial reasons.  Therefore, the REO seller requires evidence that the buyer has funds available to complete the purchase.

This proof of funds can come in a variety of different forms:

On a bank/mortgage company letterhead.  In the last few years more and more banks will not accept a letter from a mortgage broker.  The POF requirement will need to be from the actual entity producing the funds.  This letter can say that the buyer is approved to buy the property at a certain address up to the list price, or if the lender does not mind updating their letter, just have them state the offer amount. The key components of this letter are:

     Lender Letterhead

     No more than 30 days old

     State a dollar amount

     Provide contact information

If the buyer is planning on using cash, somehow they need to provide evidence of the existence of this cash.  I usually suggest taking a copy of the bank statements that document the existence of the funds and blacken out the account numbers and any other private information.  These bank statements need to be in the last 30 days also.

Beleive it or not, I have actually had on two different occassions buyers submit photocopies of actual dollar bills!  Besides the humor in this, it is hard to convey that this is not acceptable.  First it is not acceptable because how is the seller to confirm who these bills really belong to?  Second, with many of the new money laundering laws, unless you are buying a property for under $10,000 your funds will have to be wired to the title company and that will require a deposit in a bank.  So, actual copies of bills just do not fly!

The other area where buyers agents make a mistake is presenting an offer with a proof of funds from what is known as a “hard money lender” and calling this a cash offer.  Hard money lenders are individuals who make a living loaning money at pretty steep rates and costs.  Many investors have turned to hard money lenders due to the lack of normal credit available in the market or the investors own credit issues, and the short term nature of their planned use of the funds.  If the buyer intends to “flip” the property, the fees for the short term loan can be built into the resale and the interest will not accrue for long.   Even if the hard money lender has committed to make the loan to the buyer, these are still loans and the proof of funds needs to be disclosed as being based on a loan, not cash.

So, before an REO buyer starts looking, getting a proof of funds to go with their offer is a must.  You really are not prepared to make an offer on a bank owned home if you have not got your POF.

Other posts in the series ”Are You Really Prepared To Buy A Bank-Owned (REO) Home?”

As-Is Means As-Is

Offer Responses Can Take Time

Can You Stomach Competing With Multiple Offers?

 

 

Are You Really Prepared To Buy A Bank-Owned (REO) Home? “Can You Stomach Competing With Multiple Offers?”

Thursday, September 10th, 2009

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In the last eighteen months trying to pick up a “deal” has made all home buyers explore the world of purchasing a bank owned foreclosure.  While there are opportunities to be found, most conventional buyers are not prepared for the process.  I am writing a series of posts to discuss some of the issues commonly found that are not normally experienced when buying a home for sale by a non-corporate seller.

Due to either the increased amount of foreclosure, the predominance of bad information available from the late night shucksters, or just the honest desire to buy low, most multiple listing services are currently recording sales of bank home sales amounting to 30% to 60% of all sales!  This is an incredible number!  I remember a few years ago when a number of us thought the Indianapolis Board of Realtors should give REO Brokers a voice because our listings represented 25% of all sales.  Today, the same board acknowledges this number is approximately 35%.

This high degree of interest in bank owned REO properties means most homes placed on the market end up receiving multiple offers.  It may not be when they first are listed, but when the price is adjusted to market the offers fly in.   When this occurs most banks automatically tell us to set aside all the offers received, and place a deadline on receipt from these same buyers for their “highest and best” (H&B) offer.

This request often starts a series of phone calls that cause buyers agents to feel frustrated with our lack of response.  Most buyers want to know “where do I need to be with this H & B offer in order to get the house?”  Incredibly, many Realtors actually believe that my company, the listing brokerage representing the sellers best interest, have a duty to speculate and provide this answer!  In some cases, I do think the ethics part of their brain gets overruled by a desire to make their buyer happy and get an answer to this question. 

We won’t answer that question!

As I have coached all of our buyer agents, and buyers I have worked with through the years, you have to approach H & B accepting that the issue does not just involve price.  Terms such as financing, inspection contingencies, time to close, and requested concessions, will all play into the entire fabric of what makes for the HIGHEST and BEST offer.  So, STOP worrying about anybody but yourself!  Try and take the emotion out of the process (I know it is easier said than done) and look at YOUR own situation.

Respond to a H & B request with the offer that you know you would not, or could not, go any higher in order to obtain this property.  The offer that if you learn somebody else gets the property, and you learn the terms, you would not say “I would of made that offer”!

We are not going to jeopordize our seller’s position by revealing the amount they need out of the transaction or any terms they will not accept.  If we have terms to share they will be shared with all parties.  As a buyer, don’t ask your buyers agent to go on a hunt to find out information.   It places them in a spot where they are forced to look foolish, or unethical.  Your agent needs to help you find that sweet spot that truly allows you to sleep at night knowing you offered the most you would for this property.

If the game of Highest and Best is not one you like the sounds of, then buying bank owned REO properties may not be right for you.  Remember, out of these situations often arise the opportunity you are seeking.  It is part of the ticket for admission.

Finally..this tip.  Yes, often H & B situations end up with an over list price accepted offer.  So, don’t let the list price weigh too heavily in making your offer.

Other posts in the series ”Are You Really Prepared To Buy A Bank-Owned (REO) Home?”

As-Is Means As-Is

Offer Responses Can Take Time

 

 

Creative Options To Loosen The Credit Markets

Wednesday, September 9th, 2009

Yesterday I found this story about Buyers Equity Fund.  In exchange for a percentage of the future value of a home, the Fund will provide consumers up to 15% of the home’s current value in cash.  In return, the home buyer shares the increased value of their home with with the Fund when it is later sold.

From their website it states that this equity sharing arrangement:

- Can be used for anything the buyer wishes…there are no restrictions

- Is not paid back on a monthly schedule

- Has no interest, ever

- Is tied to the future value of the home, not the buyer’s financial standing

Here is a creative option that will offer home buyers an alternative source of capital in the increasingly difficult mortgage markets.  The one weakness I see in this program is that it appears the equity advance is done AFTER a closing.  So, a buyer will have to be able to somehow have the cash to close and then replenish with the Buyers Equity Fund. 

Larger down payments mean no mortgage insurance (typically 20% down) and better interest rates.  I have to think lenders will find it attractive to create mortgages when a borrower is offering a larger down payment…possibly providing some thaw to the markets.  Just how this will work with the “after closing” part of this puzzle is left to be seen.  The idea is interesting enough to pass along.