Foreclosure Real Estate Listings

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Showing posts with label real estate owned. Show all posts
Showing posts with label real estate owned. Show all posts

Monday, August 20, 2012

5 Pitfalls to Avoid When Buying a Foreclosure

These are trying times for many homeowners. Walk away from a mortgage? Something that was unthinkable and morally offensive 10 years ago is now an option many people are choosing. Home foreclosed? Some people who've lost their homes to the bank are stripping the property bare, hoping to sell the appliances to recoup at least some money.

As you might expect, buying a foreclosed home comes with opportunities -- and certain challenges. Here are five potential landmines to look out for when buying a foreclosed property.

foreclosed Bank owned House A property on Lenham Heath Road
English: Bank House A property on Lenham Heath Road. (Photo credit: Wikipedia)
1. The process is highly impersonal.

With a foreclosure, you're not buying the house directly from the person who lived there. You're buying it from the bank that foreclosed on the previous owner. And in the bank's mind, the property is simply an asset that it needs to get off its books. The bank doesn't see it as a place to live or where someone raised a family or even where you'll potentially raise a family and make memories.

Because you're dealing with a bank, not an individual homeowner, be prepared to wait for a few days, if not weeks, for a response. Don't think about writing a cute note or introducing yourself directly or through your real estate agent. For the most part, the bank's agent doesn't even show the contract, the pre-approval letter, or any of the offer pieces to the bank. Instead, the bank's agent inputs the data into a website or piece of software. The asset manager -- the bank's seller of the property, in other words -- simply sees the bottom line number. For the bank, it's just a numbers game. Are you getting the sense that this will be a highly impersonal process?

2. Don't expect disclosures.

REO stands for "real estate owned." An REO property is one owned by a bank after going through the foreclosure process.

In an REO sale, there aren't any disclosures. You won't have any knowledge of the previous seller's experience. If there's not a seller on hand to answer questions about the home and the neighborhood, you're going into the foreclosure sale blindly. So it's important to do the most due diligence possible. This may require going to the city's building department to check past permits and records and to double- and triple-check the preliminary title report.

Bottom line: Work with your buyer's agent to learn as much as possible about the home and the neighborhood. If the property sold in the past five years, your agent may be able to obtain past disclosures.

3. Prepare to see homes stripped bare.

A multimillion-dollar home was once foreclosed on in San Francisco's Castro neighborhood. Before the seller left, he removed every appliance and expensive light fixture as well as the majority of faucets.

Some homeowners may have struggled to keep the property or even attempted to sell it as a short sale, but the bank wouldn't cooperate. The homeowner may have hard feelings toward the bank and therefore might have felt justified damaging the property before leaving. Ultimately, this will hurt the home's value. You, as the buyer, will be responsible for any fixes. And you should account for any missing fixtures and features in your offer.

4. Don't expect the bank to give you credits or fix things.

Your offer and the likely discounted list price (discounted from similar comps nearby) should already account for the risk you're taking on an "as is" property. There won't be a disclosure about a leaky window, or the broken water heater from last year, or the outlet in the kitchen that's not working correctly.

As a buyer, your contract will allow you to have an inspection, so get the biggest and best inspection you can possibly have. (And hope that you don't have one of these inspection nightmares on your hands.) If you can get your hands on an old inspection report, review that prior to making your offer.

For example, prior to a home going into foreclosure, the seller had a buyer lined up. The home was to be sold in a short sale. The inspections came up with too many issues, and the buyer walked away. Through the real estate community, the agent representing a potential buyer of the property after it had been foreclosed upon got her hands on the old inspection report. She gave the report to her client, saving him a lot of time and money.

5. The bank will have its own processes.

The bank usually won't use the local contract from the board of Realtors. Nor will the bank follow any of the norms, processes or mores that are standard in the local real estate community. Instead, the bank will have its own contract that protects its interests. This contract will be followed by dozens of pages protecting the bank from future lawsuits, referring to the sale as "as-is" and putting nearly all the burden on you, the buyer. The bank won't allow the property to transfer unless it is done this way. In some states, if the bank requires the buyer to use a particular title company, then the bank would be required to pay the buyer's premium on the title insurance. This could translate into huge savings for the buyer.

To sum up: There are many tempting deals out there among foreclosed homes. You should absolutely consider them -- but make sure you're not getting less than you bargained for.

By Brendon DeSimone
Taken from: http://realestate.aol.com/blog/2012/08/20/5-pitfalls-to-avoid-when-buying-a-foreclosure/
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Friday, August 10, 2012

National Foreclosure Activity Gradually Subsiding; Many States Remain Distressed

Foreclosure activity appears to finally be on a downward track, although the road is still a rough one in many states. The RealtyTrac U.S. Foreclosure Market Report for shows that foreclosure filings were down 3 percent in July compared to June and were 10 percent lower than in July 2011. This was the 22nd consecutive month that the annual rate declined. One in every 686 U.S. housing units in the country received some type of foreclosure filing during the month, a total of 191,925 filings. Filings increased in many states and metropolitan areas and in some cases are multiple-multiples of the national per-unit rate.

RealtyTrac is an Irvine, California firm that tracks three categories of foreclosure filings gathered from county level sources.

Notice of Default (NOD) and Lis Pendens (LIS). This is the first legal notification from a lender that the borrower on a mortgage loan has defaulted under the terms of their mortgage and the lender intends to foreclose unless the loan is brought current.

Auction - Notice of Trustee Sale and Notice of Foreclosure Sale (NTS and NFS): if the borrower does not catch up on their payments the lender will file a notice of sale (the lender intends to sell the property). This notice is published in local paper and contains information pertaining to the date, time and subject property address. Real Estate Owned or REO properties : "REO" stands for "real estate owned" and typically refers to the inventory of real estate that banks and mortgage companies have foreclosed on and subsequently purchased through the foreclosure auction if there was no offer higher than the minimum bid.

RealtyTrac U.S. Foreclosure Market Report Sign of the times - Foreclosure
Foreclosure (Photo credit: Wikipedia)
While the total numbers were down not all types of filings decreased. Much of the annual decline was driven by a 21 percent year-over-year drop in bank repossessions or REO while foreclosure starts increased on an annual basis for the third straight month.

Daren Blomquist, RealtyTrac vice president said, state figures were also uneven. "Recent foreclosure activity patterns vary significantly from state to state, often hinging on the level of dysfunction that exists in each state's foreclosure process. In states like Florida, Illinois and New Jersey, where processing and procedural issues slowed foreclosure activity to a crawl last year, foreclosure numbers continue to rebound off those artificially low levels. But in states like Texas, Arizona and Virginia, where the average time to foreclose is well below the national average of 378 days, foreclosure activity continues on a long-term downward trend.

There were 98,174 foreclosure starts, default or auction notices filed during July, a 6 percent decrease from the previous month but still up 6 percent from the same month in 2011. Starts also increased annually in 27 states including 16 judicial states and 11 where foreclosures are processed outside of the court system. Some of the judicial process states had extremely large annual increases in foreclosure states including Connecticut (201 percent), New Jersey (164 percent), Pennsylvania (139 percent), Indiana (83 percent), and Massachusetts (65 percent). Big jumps were also noted in some non-judicial states such as New Hampshire (55 percent), Missouri (39 percent), and Alabama (35 percent).

Lenders completed 53,654 foreclosures in July, down 1 percent from June and 21 percent from a year earlier. This was the 21st consecutive month when REO activity was down on an annual basis. There was an annual decline noted in 38 states and the District of Columbia with the largest decreases in Nevada (71 percent) and Virginia (65 percent.) California, Washington, and Georgia also had notable decreases. There were also a few states, all using the judicial process, where REO activity increased annual including Florida (38 percent), Ohio (25 percent), Illinois (22 percent), and New Jersey (21 percent.

"Recent legislation and court rulings could lengthen the foreclosure process in some of the states with the shorter timelines, however, resulting in a temporary foreclosure lull and subsequent rebound in those states as well," Blomquist continued. "Case in point is a new Oregon law that took effect in July and gives homeowners in default - or at risk of default - the right to request mediation to avoid foreclosure. Oregon foreclosure activity dropped 42 percent from June to July, hitting a five-year low, but we would expect the Oregon numbers to trend back higher sometime in the next several months based on the pattern we've seen in other states with similar legislation."

Nevada finally fell out of its long held position as one of the top three states, and almost always number one, for foreclosure activity, falling to sixth place. California had an 11 percent decrease in filings but still ranked as the state with the highest percentage of foreclosure activity with one in every 325 housing units receiving a filing during the month, more than twice the national average.

Arizona was the second most active state despite both annual and monthly declines with a filing on one in 346 units and Florida, with a 14 month increase since both June and July 2011, rose from sixth to third in foreclosure activity with one in every 352 units receiving a notice.

The most beleaguered metropolitan areas were in California. In Stockton, which recently filed bankruptcy, one in every 153 units, more than four times the national average, received a filing, and the metro areas of Vallejo-Fairfield and Riverside-San Bernardino-Ontario had respective rates of one in every 185 units and 187 units respectively. The last area has been in the news because of a decision by the governing boards of San Bernardino County and the city of Ontario to use their right of eminent domain to seize and restructure underwater mortgages.

Taken from: http://www.mortgagenewsdaily.com/08092012_foreclosures_realty_trac.asp
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