|
Buying Bank Owned Properties
In the world of real estate
there are many, many types of properties that you can buy. The majority of the
time people hire a real estate agent to help them buy a property that is listed
on the MLS (multiple listing service) of the area that they are looking for.
Whilst most people go through this route, other, perhaps more astute, or
bargain hunting people, look at houses that are either in foreclosure of REO
(Real estate owned) by a bank or Loan Company.
A common misconception that
people outside of the real estate industry make believes that foreclosure and
an REO purchase is the same thing. Although they are similar, they are in fact
different; more precisely they are corollaries of each other, with an REO being
a direct result of a failed foreclosure sale. To understand the difference
between the two and how they vary from each other it is best to define what
each is, and their respective merits.
The term Real Estate Owned
propriety is sometimes used ambiguously, but has a specific meaning in the real
estate industry; a property that has been fore-closured on by a bank or Loan
company and has reverted back to the ownership of the lender. So as already
explained above an REO is the result of property that has been foreclosed on,
and is produced only as a result of a failed foreclosure sale.
Knowing that an REO is the
result of a foreclosure leads us to wonder what is foreclosure, what are the
benefits of buying a house that has been foreclosed on and what are the reasons
why they fail to find a buyer.
Under the terms of
foreclosure a bank or Loan Company reposes the property due to the tenants
inability to continue with payments on their loan; that they used to purchase
the property the first instance.
Once the foreclosure notice
has been issued and foreclosure has started the bank or Loan Company legally
has the right to sell the property; regardless of whether the tenants haven’t
moved out yet.
In order to purchase a
property in a foreclosure sale there are a number of items that the bidder
needs to successfully complete. Firstly the buyer has to submit a minimum bid
that includes the following:
The loan
balance on the property.
All accrued
interest on the property
Attorneys
fees
All costs
associated with the foreclosure process.
Regardless
of the above, in order to bid at foreclosure the buyer must also have a
cashier’s check in hand for the full amount of the bid. If the buyers is
successful then they will be offered the house in its ‘as is’ condition;
complete with tenants who need evicting and liens secured on the property.
Because
of all the difficulties and lack of concrete benefits in buying at foreclosure,
most people who want to buy a foreclosed property will go through the REO
route.
The
REO method of purchase offers much more benefits, incentives and less stress than
the foreclosure method.
When
a bank or Loan company takes back a property they then have the property listed
as a sellable asset on their books. The role of the bank is to maximize the
wealth of its shareholders. If the foreclosed property can be sold to release
cash to invest, then this is the main motive for the bank or Loan Company; sell
the property and invest the cash.
In
most situations a bank will be looking for a quick sale, and as such will offer
many incentives and benefits to prospective buyers:
Savings of up to 20% off the market value of the
property
Market an REO purchase as the most simple way
for first time homebuyers and experienced investors to buy properties
Give prospective buyers have immediate access to
the property for home inspections
Remove all back taxes and liens
Allow negation on rehab costs, interest, closing
points, loan amount, etc.
Describe the purchase as nearly 100% risk-free
Accept a less than normal down payment
Although the benefits of an
REO seem to out weigh those of a foreclosure purchase you should not take them
at just face value; you should always look into exactly what you are getting
and what you are liable for, should you choose to purchaser a property.
In a REO sale the bank will
evict the tenants (or you could leave them there and let them pay rent), remove
any liens etc and do the basics. Most of the time however the bank will not
make any repairs to the house and want to sell it to you in what is called
‘as-is’ condition: the condition the house was in when it reposed it. IF this
is the case you should seek the services of a home inspector, to find out the
sate of the property and to help you decide whether you wish to continue the
transaction.
Although
a bank owned property might look like a good deal on the outside, it is
necessary that you do your background research on the property before you
commit to any contracts. Your first priority should be to find out what the
house is worth in today’s current market; having a comparative market analysis carried
out will help you with this aspect of the purchase.
The reality that a bank or
loan company is trying to sell its REO property does not necessarily mean that
they are going to sell the property at a bargain price; such would be going
against their role: to maximize shareholder worth.
If after you have had the
property checked you still wish to continue with the purchase you will most
likely make the bank or Loan Company an initial offer. Generally the bank’s
response will be to counter the offer and ask for a higher price; a standard
trick for the industry.
The emphasis will now be on
you to decide on what you want to do. If you decide that the price that the
bank or Loan Company is asking for does not reflect the market value of the
property then you can stop and walk away. If you are happy you can counter
their offer and submit a new bid.
It is most likely that the
bank or Loan Company will have a whole department to handle their REO
transaction, and as such it may take a while to get back to you, as around 3 or
4 people may have to review your offer.
If
the bank approves your offer, then great for you! If they reject the offer
however you should look at whether you are happy paying more or whether you
feel that the price they are asking is either above market value or
unacceptable to you.
If
you continue with the transaction the bank or loan company will draw up a
contract. It is necessary for you to take a good look at the contract and maybe
have your attorney go over it with you, as once you sign it you are liable for
what it states.
If you have not done so by the time
you accept the banks offer you should have the house inspected by a
professional. If you are waiting for an inspection, and already have the
contract drawn up you should have an inspection contingency written into the
agreement, so that you can pull out of any deal if the result of an inspection
produce surprises or faults you are not comfortable with. You should always
remember that the bank or Loan Company will always want to sell the property
‘as-is’.
You should if possible always
consult a realtor or real estate agent before committing to a contract, or
indeed making your offer to the bank or Loan Company. If you do have a realtor
working for you, you should as him or her to find out from the listing agent
the following details about the property, before you come to you conclusion on
the offer you will make:
Are there
any inspection reports?
What repair
work has the bank agreed to?
Is there a
special "as is" form?
How long
will it take the bank to accept your offer?
How do you,
or your agent, deliver the offer?
To discuss this topic Click Here to go to our Online Forum |