Preparation
is key when venturing
into the world of foreclosed real estate
By Jeff Ostrowski
Bankrate.com
For potential home buyers, foreclosures conjure
up images of bargain-basement buys.
But anyone considering buying a foreclosed home
should forget about paying pennies on the dollar. In today's hot
real estate market, such deals are rare.
"You can buy foreclosures for as cheap as 30
or 40 percent below market, but most foreclosures sell for 5 percent
below market," said John T. Reed, editor of Real Estate Investor's
Monthly, a newsletter based in Alamo, Calif.
Yet the savings may be twofold if the property
is purchased from the lender who holds the mortgage that's in default.
That lender may be willing to waive some closing costs, maybe even
offer a break on the interest rate or the down payment.
Investment
of time
A novice must learn to navigate the foreclosure process.
Todd Beitler, owner of the Real Estate Library in Boca Raton, Fla.,
and author of a foreclosure how-to manual, says the time and effort
can translate to savings. "If somebody spends 10 hours a week for
five weeks to do research, it's worth it."
For most consumers, however, the foreclosure
process can prove daunting, Reed says. Good buys are available,
but they require research, preparation, patience and persistence.
The foreclosure process starts when a property
owner falls behind on mortgage payments. Because the homeowner has
been in financial trouble before defaulting on the mortgage, the
home likely hasn't been maintained.
This can be a boon -- or boondoggle -- for a
buyer. Houses in poor condition might fetch bargain prices, but
repairs can boost the cost again.
Reading assignments
When a lender decides to foreclose on a property, a lis
pendens (Latin for "lawsuit pending") or notice of default is filed,
depending on the state. This document is a public record, and for
buyers, it's the first step in locating a property in foreclosure.
A buyer looking for foreclosures also can buy magazines and newsletters
that list properties in default.
Once a home has been located, search public
records. Look for liens on the property, since they can drive up
the purchase price. Liens typically are placed on a house for unpaid
property taxes. Also check assessed values and sale prices of neighboring
properties.
Research local state foreclosure laws, since
they differ. Some states -- such as Florida, New York, Ohio and
Pennsylvania -- require the lender to sue the borrower and get a
court order for the sale of the property, a process known as judicial
foreclosure. Other states -- including California and Texas -- follow
the non-judicial foreclosure process, which doesn't require a lawsuit.
For novice investors, buying from the lender
is the safest way to buy. Most foreclosures are taken back by the
bank during auction, Beitler says. While well-located homes in good
shape generally don't sell for deep discounts, rundown properties
can be sold more cheaply.
Sometimes, the banks hire a real estate agent
and sell foreclosed homes in the traditional manner, Reed says.
But sometimes buyers can succeed by pestering bank loan officers
with low offers.
Buyers might try low-balling the lender's REO
(for "real estate owned") officer shortly before the non-performing
assets have to be reported to supervisors, Beitler says.
The
safest deals
Bank-owned properties offer the safest deal for inexperienced
foreclosure buyers, Beitler says: "There's no risk. There are no
taxes, no liens, no tenants to evict."
A lender that's eager to sell might be willing
to offer attractive terms, says George Tribble, head of Tribble
Mortgage Co. in Oakland, Calif., and president of the California
Association of Mortgage Brokers.
The lender might offer to finance the property
at a below-market rate or with a lower-than-usual down payment.
Because the bank already has done an appraisal, the buyer might
not have to pay an appraisal fee, Tribble says. And lender deals
typically include title insurance, which removes much of the risk
that accompanies buying homes earlier in the foreclosure process.
For more daring investors, there are two other
points in the foreclosure process to buy homes:
- Before foreclosure. The
buyer finds a homeowner about to go into default. The homeowner
doesn't want to lose all of the equity in the property, so accepts
a portion of the difference between the equity and the home's
market value.
Pre-foreclosure buys offer bargains but demand persistence. That's
because creditors are often hounding owners at this stage. "Trying
to get through to the homeowner is virtually impossible," Beitler
says.
If the homeowner is contacted, the buyer could be in for a surprise,
Reed adds. Homeowners in default might not have phones or electricity,
and they might have alcohol or drug problems. What's more, they
probably need somewhere to live before they can move out of the
property the buyer wants.
- During an auction. This
is a high-risk, high-reward proposition, and it's not for first-time
foreclosure buyers, Beitler says. Most auctions take place at
the county courthouse steps, and they pose disadvantages: Buyers
might not be able to inspect the property, and they'll have to
put up the entire purchase price the same day.
The U.S. Department of Housing and Urban Development also runs
auctions to unload homes it has acquired through defaults on federally
backed mortgages. There aren't a lot of steals in this process,
according to a study by Tim Allen, a real estate professor at
Florida Atlantic University.
Allen tracked sales at a HUD auction in Florida in 1998; he found
that buyers paid prices very close to assessed value. Beitler
agrees that there's a "frenzy" at HUD auctions that can push prices
to unreasonable levels.
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