Bank Owned Properties

As mentioned in prior entries, REO (Real Estate Owned), bank owned and lender owned are all interchangeable terms which simply mean that the bank/lender owns the real estate. These properties present a tremendous opportunity for buyers, but are also fraught with uncertainty.

As opposed to short sales and auctions, lender owned properties' prices are certain, as they have been set by the lender. Therefore, although a property may sell above asking price, you can be fairly certain that, so long as no one is bidding against you, the lender will accept a full price offer with reasonable terms. Moreover, lenders generally price properties reasonably from the start, and periodically reduce prices as time goes on.

Remember that the lender is not emotionally involved and has no interest in being in the business of selling homes. Also keep in mind that the lender is looking for a quick closing, so the sooner the closing date, the better in any offer. (In some instances, lenders will offer incentives if you finance through them.) Although the opportunity to close quickly on these distressed homes at a bargain price is appealing, there are issues to consider with the process, due diligence and disclosure.

Each lender instructs the listing broker on how to proceed in selling the proprty. The lender will generally demand that the parties follow their procedure and that no changes be made to their documents. Therefore, contingencies are limited. Although you are generally allowed a home inspection, these homes are often in disrepair and/or winterized, so the inspection may be of limited value. As the lenders know very little about these properties, they will be sold "as is" with no warranties and/or representations.

In short, as a general rule, lender owned properties are "fixer uppers" and best suited for savvy investors, or home buyers with some construction background, intending to build "sweat equity." Most lender owned properties have been foreclosed on. That being said, a disgruntled (and financially troubled) homeowner has lost this property to the lender. The homeowner often destroys the home and strips it of fixtures and materials prior to being evicted, so be sure you know what you are getting into prior to buying a bank owned property. With that said, if you are the right type of buyer and conduct your due diligence, lender owned properties can be extremely rewarding investments.

As always, feel free to contact me via email to john@jw-realestate.com or via cell (978-423-9309).

Foreclosure Auctions

The short sale process (see prior entry) is meant to stave off a foreclosure by the lender in first position (generally the "first mortgage"). With that said, if the short sale process fails, at some point and time that lender will go forward with the foreclosure. In order to clear title and eliminate any liens of lower priority (second mortgages, equity lines, etc.), the lender must cause an auction to be held - commonly known as a "foreclosure auction."

In my opinion, the foreclosure auction is a riskier proposition than the short sale process, or buying a property which is bank owned. In many cases, bidders not allowed entrance to the propety. The interior could be in any condition, but odds are the property has been destroyed. Owners who lose their properties at auction are not happy and quite often destroy the home and/or remove everything from faucets to flooring. In addition, the information provided by the auctioneer is not guaranteed and cannot be relied upon to be accurate. The onus is on the bidder to do his/her due diligence to verify the title, easements, right of ways and what liens will stay with the property (generally government liens and, in some states, back condo fees). This lack of knowledge, combined with the kinetic pace at which these auctions are conducted, often causes the unsophisticated bidder to grossly overpay for properties.

Notwithstanding the above, if a bidder does his/her due diligence, foreclosure auctions present an opportunity to create instant equity. My advice is to go to the auction with a maximum bid in mind, so as not to get caught up in the frenzy that the auction process creates. Real estate professionals are useful in detemining property value and a reasonable maximum bid price. They can also point you in the right direction as to researching the title and potential liens that run with the property.

As an aside, keep in mind that the lender will normally set a minimum price and send an agent to bid on the property until that minimum price is met. If no buyer outbids the lender, the lender will then take title and eventually sell the property as bank owned.

Please feel free to contact me with any questions or comments via cell at 978-423-9309, or e-mail at john@jw-realestate.com.

Short Sales

From a procedural perspective, when examining distressed properties, or what many refer to as "foreclosures", the first opportunity to arise is the short sale. A short sale is when a seller cannot expect to sell at a reasonable price without being left with a deficit once all costs associated with the sale are paid. Thus, the property is marketed with the intent to negotiate down the debt once an offer has beeen accepted. This means a sale will be "subject to third party approval". In my opinion, this is the most flawed process of the three opportunities (short sales, foreclosure auctions and bank owned) presented by distressed properties. However, there is upside with respect to due diligence.

(For purposes of this discussion, I will assume only one third party exists, but keep in mind there can be several and all must agree to release their security interests and accept less than the amount to which they are entitled.)

In the vast majority of instances, the third party has given no indication as to the amount they are prepared to accept for payment. Moreover, offers are accepted contingent upon third party approval. With that said, a buyer can offer over the asking price and have the offer accepted, only to be informed at a later date that the third party is unwilling to consent to the sale. From a timing perspective, most third parties take, at minimum, 60 to 90 days to respond, during which time a prospective buyer is left in limbo.

The benefit of a third party sale - as opposed to auctions and bank owned sales - is that a buyer generally has the same due diligence opportunities as a buyer would have in a traditional sale. By due diligence, I mean thorough walk-throughs (including inspections), as well as gathering of the seller's first-hand knowledge relating to the property through conversations with the seller and/or the seller's agent. Written seller's disclosures may also be available which inform a buyer as to what the seller knows about the property condition (roof, heating, electric, foundation, etc.).

To summarize, the short sale process presents a great value purchasing opportunity with minimal risk. It is most suited for investors, or home buyers with no time constraints. Any buyer who is purchasing a home to live in and needs to meet a definitive timeline should avoid short sales at all costs.

Significant Distinctions

Over the last week or so, I have been seeing many articles and receiving inquiries which blur the distinctions between types of sales and/or ownership interests. Here are certain distinctions which may eliminate some confusion.

An auction is a way to facilitate a sale and has no bearing on who owns the property. Any party who owns a property, or a lien holder (usually the holder of a mortgage, or a government entity) may cause a property to be auctioned. Most auctions garnering attention today are being caused by holders of liens through the foreclosure process.

A short sale is subject to third party approval and involves a process wherein a homeowner tries to negotiate with the lender(s) to take accept less than what is owed on the loan(s). Thus, any sale needs to be approved by one or more third parties (lenders and/or lien holders).

REO (Real Estate Owned), bank owned and lender owned are synonymous terms which mean that a bank and/or lender owns the property. This almost always results from a mortgage default and a foreclosure auction wherein the lender has bought back the property at auction, thus clearing title and eliminating any loans in second position (of lower priority). In some instances, a lender will take ownership in lieu of a foreclosure at the request of the property owner.

(It is my understanding that many people are using the term "foreclosures" as a catch-all and this is where some of the confusion lies. By way of example,  "I want to buy a foreclosure" or "My friend is making a ton of money in foreclosed homes.")

Both short sales and REO's are most often handled by real estate brokers such as myself and the process is similar to the purchase of any other home listed for sale with a broker.  Auctions may or may not involve real estate brokers and, depending on the circumstance, you could have the option of being represented by a broker without adding costs to the transaction.

All of the above ownership interests and/or sales procedures present opportunities and pitfalls for potential buyers too numerous and detailed to delve into here. However, if in the interim you have any questions, do not hesitate to contact me (john@jw-realestate.com or 978-423-9309).

Happy Thanksgiving!

Here is something to chew on besides that drumstick...

As you are probably aware, the upcoming few months pose the greatest obstacle to sellers from a purely cyclical perspective. Think of the process from a common-sense approach. Who wants to travel from town to town and house to house in the middle of winter? The question is rhetorical, but the answer is: nobody! It is miserable outside...snow...cold. People are out straight...holidays...school vacation...

That is why only motivated sellers and serious buyers are normally out there in the market during the tail end of November, December and January. However, this season may deviate from the norm, as the extension and expansion of the tax credit (see prior post) should create a sense of urgency for many buyers.

My thought is that those of you who are thinking of waiting for the spring market to put your properties up for sale - while normally the prudent course of action - will be making a mistake given the time constraints of the tax credit. Moreover, as confident as I was that this extension would be enacted (see prior posts), I am equally confident that the credit will not be extended further. If it is extended, it will be limited in scope as compared to its current form so as to be phased out over time.

For those of you interested in statistical data for Massachusetts (Source: Massachusetts Association of Realtors 10/24/09), read on.

October sales numbers, year over year:

Single family home and condominium sales were both up 17-18%
Single family home selling prices decreased 2.4%
Condominium selling prices decreased 4%

Inventory on market, October 31, 2009 as compared to October 31, 2008:

Both single family home and condomium inventory decreased to just over 7 months from slightly over 10 months.

As always, feel free to contact me at your convenience with regard to any real estate needs.

Chance of a Lifetime!

For those of you who do not know me personally, I am not one to overstate the importance of things. With that said, the fact that a new homebuyer tax credit was enacted Friday is a tremendous win for anyone looking to buy or sell a home.

For buyers who qualify, it cannot possibly get any better than this: a significant tax credit to buy a home at a time when interest rates and home prices are at historic lows.

For sellers, buyers should be coming out of the woodwork to take advatage of this opportunity. The fact that the credit - although at a slightly reduced rate - now applies to current homeowners should open the market considerably for new purchases.

If you are even considering buying and/or selling a home, I urge you to click here for a detailed breakdown of the new credit promulgated by the Massachusetts Association of REALTORS. As always, for any real estate needs, please contact me at 978-423-9309 (cell) or john@jw-realestate.com.

Tax Credit Status

As you may have seen, a tremendous amount of information (and misinformation) has been circulated since the middle of last week regarding an extension of the $8,000 first-time homebuyer tax credit. Here is my understanding of where things stand.
 
Last week, Senators agreed in principle on an extension of the $8,000 credit for first-time buyers, as well as an expansion of the same to include a $6,500 tax credit for homeowners who are selling a primary residence that they have owned and occupied for at least five years. For either credit, buyers would need to close on their new homes by the end of June 2010 and have a signed "purchase agreement" by the end of April 2010. (Source: USA Today 10/29/09)

Please keep in mind that the above is a work in progress and no extension has been enacted. As is standard operating procedure, Senators are negotiating the details and what pet projects will be included in order to secure the necessary votes to pass the legislation. Assuming legislation passes, I will provide the relevant information once I am confident in my understanding of the particulars.

As an aside, be very cautious as to timing issues. For example, buying a home in Massachusetts is generally a 2-step process with respect to the contracts. Would a "Contract to Purchase" executed by the end of April suffice, or would a "Purchase and Sale Agreement" need to be executed? Further, the $6,500 credit will no doubt include parameters for the purchase of another primary residence. It will be crucial to understand the timing and/or trigger mechanisms necessary to qualify for the credit. With that said, if you are considering buying and/or selling property in Massachusetts or New Hampshire, I am always happy to assist you through the process.

$8,000 Tax Credit

Although, in my opinion, it is still more likely than not that the tax credit will be extended past the November 30, 2009 deadline (and perhaps expanded to include all primary home purchases), there is a disturbing article on page A3 of today's Wall Street Journal.

$139 million was paid out on fraudulent claims regarding the credit to, at minimum, 19,000 people. The most common scam was for people who did not qualify because their income exceeded the cap to use their children's names and social security numbers to file. Although there are simple remedies to ensure this will not continue - such as requiring a copy of the HUD settlement statement - no such measures are currently in place. With that said, many of the proposals to expand the credit include such safeguards. (Source: WSJ)

Let's hope that the negative press attributable to the fraud as referenced above is insufficient to derail any possible extensions of the credit.

Important Mortgage Information

Bank of America, Wells Fargo, Citigroup and J.P. Morgan are all significant players in an experimental government-backed loan modification program. In most cases, in order to qualify for the program, a buyer must be at least 60 days delinquent on the loan. If you think you may qualify, or are heading in that direction, I encourage you to contact your lender. Also, as of now, or in the very near future, standard forms to apply for this program will be available on the govenment website entitled Making Home Affordable (http://makinghomeaffordable.gov). (Source: WSJ 10/9/9).

Also of note in the article referenced above is the following quote. "[S]everal senior House lawmakers expressed support for extending an $8,000 tax credit for first-time home buyers."

Better Late Than Never

I meant to comment on an article in The Wall Street Journal last week, the thrust of which was that holders of distressed mortgages are more inclined to write down principal than they have been in the recent past. While it is more likely for a lender to negotiate an interest rate adjustment, in certain instances they are now willing to reduce principal as a last-ditch effort to avoid foreclosing on homes. 

Regardless of one's political inclinations, this is good news for home values. By way of example, assume you have a neighbor who is under water on his mortgage payments. He cannot afford to sell, because of his home value in relation to what he owes on the property. If renegotiating his interest rate is inadequate to alllow him to make his payments, traditionally there are only two likely results. He would either negotiate a short sale, or let the home go to foreclosure and thus the home would ultimately be sold by the lender. The result would be disasterous regarding your home value. Assuming your neighbor's home is similar to yours, that home (which was sold under distressed cirumstance) would now be used as a comparable home in any appraisal or comparative market analysis of your property.

Now assume in that same instance, the lender writes down the principal of your neighbor's home to such an extent that the mortgage now become affordable. The result is no impact on the value of your home. Your neighbor keeps his home and the bank loses less money than it would going through the foreclosure process. Moreover, the principal write-down should not affect an appraisal or comparative market analysis on your property, as there is no mechanism for this information to come to light when these reports are promulgated.

On a lighter note, I recently heard an amusing interview on CNBC with a woman who follows anecdotal evidence relating to the economy. At the inception of an economic recovery, the rate at which men purchase denim products, pink ties and underwear increases. Take that for what it is worth.