REO
REO is an acronym used by financial institutions,
which means Real Estate Owned, and has come back into
the bank's portfolio via a foreclosure process. The
purchase of a REO property is much different than
conventional homes and outlined below are the major
points of difference. Most REO properties are sold
as is with the seller making no repairs, and is addressed
in their corporate addendums stating that the buyer
will purchase as is but still have the right and contingencies
of
inspections. Furthermore, the seller does not provide
a sellers disclosure statement, as they have no information
on how the former owner was maintaining the property
other than what is evidenced by the home's current
condition.
Financing
It is of the utmost importance to be pre-qualified
or better yet pre-approved by a financial institution
prior to making an offer on a REO property. In most
cases the seller will not even respond to an offer
without verification of the buyer's ability to procure
financing.
There are several financing
programs available for the purchase of as is properties
and we can provide you with the information on these
programs. Most sellers will not hold second mortgage,
allow preoccupancy, but in some cases the seller will
offer special financing incentives. Furthermore, some
sellers may require that the buyer be pre-qualified
by one of the seller's loan representatives to give
them the assurance that financing will not be an issue.
For those buyers making cash
offers, the buyer must be prepared and willing to
provide the seller with written verification of funds
available to close. Also, some sellers may require
cash buyers to close within 10-14 days after contract
acceptance.
Offers
It is important that the buyer realizes that a REO
property is owned by a corporation and replies to
that offer may take anywhere from 2-5 business days.
Many times the offer process has to go through different
levels of management for a counter proposal or acceptance
and the buyer must be patient for the corporation
process.
Multiple Offers
n many cases, REO properties will receive several
offers on a property, and the seller will instruct
the listing realtor to inform all potential buyers
that there is a multiple offer situation, and will
request that all buyers present their final and best
offers within 24 hours and will then decide on which
offer they will work with. The seller is not obligated
to accept any of the offers if none meet their requirements
for the property and may counter offer the offer they
feel has the most merit. Usually, the seller will
require the listing realtor to keep the property on
the market for acceptable back-up offers if there
are any problems encountered with the first position
contract, so they don't lose marketing time.
Closing
Most financial institutions require a 30-day closing
period and if the buyer is not able to close on the
date specified in the contract, the seller will normally
have a clause in the contract that if the buyer requests
a closing date extension, then the buyer will be required
to pay a per diem penalty as a condition of an extension.
If the per diem penalty is $50.00 a day then that
amount is multiplied by the number of days past the
original closing date and the buyer will have to pay
that amount at the time of closing. Example: $50.00
a day per diem multiplied by a 10-day extension would
be a $500.00 penalty paid by buyer at closing.
Furthermore, the Seller, Listing
Realtor, or Title Company is not responsible for the
ordering of a survey, termite report or home inspections
and is the responsibility of the buyer.
If you are in the market for a foreclosed home, you
are at the right place!
If you are in the market for a foreclosed home, you
are at the right place to get the help you need in
the Oklahoma City metro area. We are experienced with
foreclosures and will help you buy a foreclosed home
in the Oklahoma City market place. HUD, VA and institutional
lenders sometimes offer excellent buys on foreclosed
real estate and we can assist you in finding the right
home.
HUD, VA and bank owned homes
are usually purchased through licensed real estate
agents and their approved brokers. We have access
to all homes. HUD and VA have a strict bidding procedure
and the bids are opened on a specific day of the month.
The highest bid will get the award. Institutional
lenders usually list their properties directly with
a real estate broker and operate in a more traditional
sales manner.
FORECLOSED HOMES ARE USUALLY
PRICED TO SELL.
Most foreclosed homes are priced at fair market value.
However, VA and HUD homes are often priced below area
comparables. Furthermore, you may, through the bid
process, be able to purchase a home below market value
if you shop carefully and use an experienced agent
to help. We can help. We can also help you by giving
you the comparable pricing information for the community
to help you make a good pricing decision when you
prepare your bid. You will need to get pre-qualified
before making a bid and we will help. We work with
lenders who are familiar with the procedures and will
prepare the pre-qualification document before you
begin your home search. There is no fee for this service.
It is of utmost importance to become pre-qualified
or better yet pre-approved; as most lenders will not
even entertain offers without proof of lender qualification.
YOU CAN BUY A FORECLOSURE HOME.
Anyone with the cash or ability to obtain a mortgage
loan can buy a foreclosed home. You will have to qualify
for the mortgage as with any home purchase, but we'll
help you with the financing, too. Often, the cash
needed to buy a foreclosure is less than you would
need to buy a home offered for sale by a non-foreclosure
homeowner.
FORECLOSED HOMES CAN BE A BARGAIN!
HUD homes are sold "as is" and HUD does
not make repairs or offer warranties. However, the
HUD homes are usually the best priced and offer the
best value. If you are willing to invest some 'elbow
grease' in your home, you can get a good buy and make
repairs and redecorate to make the foreclosed property
a real home. Many will need cleaning up or cosmetic
upgrading, but generally your home will be worth a
lot more than you paid for it when you have put your
decorating touches to work. VA will make some repairs
and VA foreclosures are generally in better condition
than HUD homes. Institutional lenders evaluate the
homes on their individual merits and will determine
if the home will be sold "as is" or repaired.
Institutional lenders tend to be less rigid and may
be negotiable on repairs.
WE'LL PREPARE ALL OF THE PAPERWORK.
We will prepare the bid and all of the contract paperwork
for you if you select to bid on a foreclosure. Often
the details of closing help and terms and conditions
are as important to a seller as the price. We'll consider
all of these needs when we prepare your offer.
Real
Estate Foreclosure Terms
A B C
D E F
G H I
J L M
N P Q
R S T
W
A
Appraisal - An opinion of value.
Assessed Value - Value placed
on property by the County for the purpose of computing
real property taxes.
B
BPO - Broker's Price Opinion
also called a Comparative Market Analysis. A method
of appraisal in which selling prices of similar properties
are used as the basis
for arriving at the value estimate. Institutional
sellers usually rely on a BPO prepared by a real estate
agent and a professional appraisal to determine a
listing price.
C
Certificate of Sale - A certificate
issued to a buyer at a judicial sale (e.g. foreclosure)
Certificate of Title - This
certificate is issued to a buyer 10 days after the
foreclosure sale.
Certified Funds - Same as cash.
Buyer's monies must be brought to the closing in this
form.
Closing - The final accounting
of the real estate sale. The closing Statement outlines
the costs on both the buyers and the seller's side
of the transaction.
Contingent - Dependent upon
conditions or events. There are conditions the institutional
seller will consider in an offer to purchase such
as the ability of the buyer to
obtain a mortgage or perform inspections. The sale
of another property to raise sufficient funds is an
example of a contingent usually not considered.
Contract - A promise. Only
when an offer to purchase has been fully executed
(signed and initialed) by buyer and seller does it
become a contract.
D
Default Judgment - Against
someone because they failed to show up in court.
Deficiency Judgment - Decision
requiring a borrower to pay the lender the difference
between the mortgage balance and the amount realized
at the foreclosure sale.
E
Earnest Money - An amount of
money given with the offer to purchase as a "good
faith" gesture of the buyer's serious intent.
Although not required by law in Florida,
most institutional sellers require a minimum $500-$1000
deposit in a trust account with an offer.
Escrow - The deposit of funds
with a bonded neutral third party with instructions
to carry out the provisions of a contract. Earnest
money deposits are usually held in
the trust accounts of a real estate Broker, title
company or attorney.
F
Fee Simple - Complete legal
ownership of a property.
Federal Housing Administration
(FHA) - Federal agency that administers FHA insured
loans.
Federal Tax Lien - An obligation
to the federal government as a result of non-payment
of taxes.
F.N.M.A. - Abbreviation for
the Federal National Mortgage Association affectionately
known as "Fannie Mae", an agency which buys
blocks of loans from banks.
Due to its size, Fannie Mae Foreclosures make up a
significant percentage of our Florida inventory.
F.H.L.M.C. - Abbreviation for
the Federal Home Loan Mortgage Corporation affectionately
known as "Freddie Mac", an agency performing
a similar function to
Fannie Mae and now much larger. Special financing
is offered on Freddie Mac Foreclosures.
Foreclosure - Forced sale of
property ordered by a lender due to delinquency in
mortgage payments. A foreclosure sale terminates all
rights of the mortgagor.
G
G.N.M.A. - Government National
Mortgage Association affectionately known, as Ginnie
Mae is an agency in the secondary mortgage market
dealing primarily in
recycling VA and FHA mortgages. Grantee. The buyer.
H
HUD - Abbreviation for the
Department of Housing and Urban Development, an agency
that oversees FHA. FHA foreclosures are called HUD
Homes.
I
Institutional Lender - Financial
institutions whose loans are regulated by law such
as banks, credit unions and commercial loan agencies.
Involuntary Lien - A lien imposed
against property without the owner's consent such
as taxes, special assessments, federal income taxes,
etc.
J
Junior Lien - A lien that does
not have first priority making the property security
for payment of a debt.
L
Lien - An encumbrance using
the property as security for the payment of a debt
or obligation of the property owner.
Lis Pendens - Lawsuit pending.
This usually recorded in Florida to give constructive
notice of pending litigation.
M
Mechanic's Lien - A lien placed
on property by laborers or material suppliers who
have contributed to an improvement.
Mortgage - A legal conveyance
of property to a creditor for security (from the Latin
meaning death pledge).
Mortgagee - The lender.
Mortgagor - The borrower.
MLS - Multiple Listing Services
run by local Realtor associations.
N
Notice of Default - A notice
filed to show that the borrower under a mortgage is
in default.
P
Points - A charge made by the
lender for loaning money. One point equals one percent
of the loan.
Portfolio Loan - Loan originated
and held 'in house' as part of a lender's investments.
PMI - Private Mortgage Insurance
required as part of the monthly payment in loans less
than 80% loan to value (less than 20% down payment).
Pre-foreclosure - Period between
when a borrower becomes delinquent and the property
is foreclosed upon.
Principal - A person acting
for him/herself in a transaction. Also the amount
of a loan exclusive of interest.
Q
Qualifying - Process of demonstrating
a person is credit worthy and has enough money to
buy a property. Institutional sellers may require
"proof" in the form of a
letter from a lender or some verification of the source
of funds if the sale is cash.
Quiet Title - Legal process
to eliminate title problems.
Quitclaim - A form of deed
in which the grantor is giving the grantee rights
to a property but makes no warranties about rights
others may have.
R
Realtor - A broker or sales
agent who is a member of a local real estate board
affiliated with the National Association of Realtors.
R.E.O. - An abbreviation for
Real Estate Owned most commonly used to describe properties
acquired in foreclosure and owned by institutions.
Right of Redemption - Right
to buy a property back for a limited period of time
(usually 10 days) after a foreclosure sale.
S
Secondary Mortgage Market -
Fannie Mae, Freddie Mac, Ginnie Mae were originally
chartered by the federal government to stimulate the
economy by either
buying or recycling packages of loans from financial
institutions.
Sheriff's Deed - Deed given
by court order to satisfy a judgment.
Short Sale - In some instances
in Florida a lender may agree to adjust the amount
owed in order to get the property sold.
Special Warranty Deed - See
warranty deed. "Special" indicates there
are limitations.
T
Title - Evidence that an owner
is in lawful possession; instrument evidencing ownership.
Title Insurance - Policy written
by a title company to protect a property owner against
loss if the title is imperfect.
Title Search - Process to determine
validity of the title to real estate.
W
Warranty Deed - Assures the
title conveyed is good and possession will
be undisturbed.
Brokers, Agents And
The Foreclosure Market
by Todd Beitler / Broker Agent News 10.4.03
Brokers and Agents should take a good look
at the foreclosure marketplace for several
reasons, not the least of which is to broaden
the range of services they offer and enjoy
increased sales.
Consumers are fascinated with the concept
of saving money on their home purchase. That's
why they seek information about foreclosed
properties.
The perception is that they will save money.
This isn't always true. Not all foreclosures
are deals. Regardless, the same consumer has
expressed an interest, need or desire to purchase
a property, and whether they buy a foreclosed
home or not, they still need to purchase a
property. This creates several opportunities
for the wise broker/agent.
The plain truth is that most foreclosed homes
are now sold by brokers/agents representing
the lending institution that foreclosed the
mortgage or trust deed. Why is this? Over
the years, lenders have learned that the regular
distribution channel for real estate sales
is still the best. In other words, selling
their foreclosed property inventory through
brokers/agents is the fastest, most economical
way for lenders to dispose of these properties.
How does this help you? First, by letting
your customers know that you can show them
foreclosed properties only adds to your collection
of real estate services offered. Second, many
of these homes are listed and ready to be
shown immediately. Because these are "post-foreclosure"
properties, they have no liens, encumbrances
or other issues that may cloud the title.
Therefore, they are RTG (ready-to-go). As
a matter of fact, these properties should
be mixed in with your regular inventory and
shown as such. The only difference between
these properties and other resale's is that
the lender had to force a foreclosure proceeding
for non-compliance with the mortgage or trust
deed. Typically, this means non-payment of
the loan as stipulated in the borrower's agreement.
Most foreclosures will be sold at market
value. That's because the lender has authorized
the repairs (typically, little more than paint,
carpet and some cosmetic work) and through
a broker's opinion of price and market value,
has determined that the property, in good
condition, will bring fair value. Other properties
may need more work. The real dogs, the worst
of the worst, will be wholesaled to investors.
These properties rarely make it to the general
public.
The free real estate magazines available
in supermarkets and convenient stores are
filled with ads from brokers/agents offering
foreclosed properties. These brokers/agents
have learned the value of offering these properties
long ago. If nothing else, these ads bring
buyers into your office that you otherwise
might not reached before. There is hardly
a broker/agent alive today, that hasn't been
asked about foreclosed properties from prospective
buyers.
There are no special requirements necessary
for selling lender-owned properties. The seller's
representative (a local brokerage) will offer
these properties for sale and you will participate
in the transaction as you would with any other
home purchase/sale, new construction, resale,
foreclosure or other.
Regulations regarding the sale of government-owned
properties have changed frequently in the
last few years. To make sure you're up-to-date
on the latest changes, please visit hud.gov
for HUD-owned properties and va.gov for VA-owned
properties.