The Real Estate world is always full of confusing jargon, particularly at the moment it seems that there is a complete alphabet soup of abbreviations about – BPO’s, REO’s and more!
Well we are here to help de-mystify it all for you!
Realty Times has recently written an article discussing investing in Bank Owned Properties (REO’s) and Short Sales. However with much press at the moment about foreclosures how are you to know the difference? Well, here is, in short, a description of both types of properties:
Bank Owned Properties:
Ownership: Typically a bank or a national servicer.
Formulation of an Offer, Paperwork/Rules for Offer Submission: Standard purchase and sale agreements are used as well as the banks’ own addendums and disclosures. Before a Bank forecloses they have one or more brokers provide an opinion of value. (BPO) Then at the time of foreclosure/listing they have the listing broker determine if that value is still valid. Most of the time the Bank is pricing the property near market value and is expecting to sell the property close to the asking price. Note that with regards to repair contingencies, the Bank prefers not to make repairs so an “as-is” sale is best.
Money: Earnest money will need to be in the form of a cashier’s check. Proof of funds for the down payment and loan approval for the balance will also need to accompany the offer. If financing may be difficult for you as a buyer then the deal may not work, so be realistic! Don’t get your hopes up!
Closing Date: Fewer days on the market mean lower holding costs for the Bank which works to your favor. Many institutions are beginning to have penalties for closings that run beyond some date so make sure your lender can perform in that time frame and that you are ready to go at a moments notice.
Response and Timing: Once a buyer’s broker has submitted all the appropriate paperwork in accordance with the bank’s rules you may receive an answer within hours or it may take up to a week. Be patient! These are not normal transactions so do not relate it to how fast you closed on your existing home in the past!
Short-Sales:
Ownership: Legally the property is owned by a person or entity (e.g. company – LLC, Corporation, Trust, etc) and the house could be occupied by an owner or tenant or it could be vacant. However, the owner is in a negative equity situation (the sales price less closing costs is less than the debt on the property) and needs lender approval to affect the sale.
Formulation of an Offer, Paperwork / Rules for Offer Submission: A standard purchase and sale agreement is used along with an addendum acknowledging the fact that this is a short-sale transaction. It’s listing price for the property may be well above market, well below market or at market. Similarly as with REO’s, although it might be nice to have repairs made, often the seller doesn’t have the resources to make them and the lender is very unlikely to do any, so don’t get your hopes up! Therefore “as-is” contracts are common.
Money: Earnest Money should be in the form of a note that is converted to cash (check to Escrow) after acceptance or even after removal of the inspection contingency. Also you should supply proof of funds for down payment and pre-approval from the lender for any new loan to make your offer stronger. Being prepared with paperwork is key here and supplying as much information about how strong a buyer you are will help.
Closing Date: Closing can occur within 30 days but the 30 day clock will not start until the lender gives their approval – The approval process may take one week or it may take up to three months. One thing to keep in mind is that while all parties are waiting for an approval of the offer another department of the lender/bank is working on the foreclosure and may actually foreclose on the property with offers in for approval. If that happens, the deal is dead and the listing terminated as the former seller is no longer the owner of the property and does not have authority to sell.
In short – have patience and persistance and you may be successful! The National Association of Realtors has published a “field guide for short sales” available here.
If you are interested in purchasing a property or selling a property in Malibu, Pacific Palisades or the surrounding Beverly Hills/southern California area then please contact Judy Kunisaki for professional real estate advice in the Westside Los Angeles area, on 310-317-8396 or via her online contact form on her website.
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Judy Kunisaki – CA DRE license 00963582