hom intro #51: buyer\'s agent—a different game: short sale or reo buyer

$: HOM INtro #51: Buyer\'s Agent—A Different Game: Short Sale or REO Buyer$
Buyer’s Agent—A Different Game

Short Sale or REO Buyer

Brought to you by:

Home Ownership Matters Training Institute

INtro #51 “Your Real Estate Advisor”

Description:

This course is designed to explore the challenges a REALTOR®

should anticipate when helping a client with a pre-foreclosure

or foreclosed property. Due to the significant increase

in foreclosure across the country, REALTORS® should be prepared

to handle some details not associated with traditional transactions.Copyright © 2008. Home Ownership Matter, LLC. All Rights Reserved. 2

Objectives:

1. To help agents avoid missteps in handling lender-owned or controlled properties as well as short sale listings

2. To discuss differences in the negotiating process and the timeline for closing.

3. Practical suggestions to help the transaction move forward more effectively.

Copyright © 2008. Home Ownership Matter, LLC. All Rights Reserved. 3

Buyer’s Agents Beware:

What are you to do?

• Recognize the clear, distinct differences in handling these two types of transactions

• Seek out specialized training on both, if you are going to represent clients who wish to buy either kind of property listing


Buyer’s Agents Beware:

What are you to do?

• Keep updated with changes associated with these transactions

• When uncertain, seek the advise of your

office manager on how to proceed


Pre-foreclosureShort Sale Listing—

Consumer Owned, but Bank Controlled

Seller

Consumer

Decision

Maker

Chase National Bank of America


REO = Bank Owned

Owners:

• HUD• VA• Fannie Mae• Freddie Mac• PMI Companies• Other Financial Institutions


Pre-foreclosure Property Offers

Major Characteristic—Vast Uncertainty

• Offer on your state’s Purchase Agreement

• Presented to Owner—Must be forwarded to Lender to be considered

• Counter possible—after extended period— 1-3 months

longer


Pre-foreclosure Property Offers

Major Characteristic—Vast Uncertainty

• Response Period—1-3 months, or longer

• Possession—Uncertain— Cannot be

Negotiated

• Closing—Uncertain—May not Occur


REO Property OffersMajor Characteristic—Business-like/No Nonsense

• Offer frequently on Special offer forms (addendum)

• Offers presented to agent representing Guarantors

• Counter possible—Quickly

• Response—Rapid—2-3 Days

• Possession—Definite—Negotiated

• Closing—Definite by Contract


Likelihood of Multiple Offers

*Highest and Best*Should be Anticipated

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~

Multiple Offer Disclosure

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Multiple Offer Disclosure

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~

~~~~~~~~~

Highest and Best

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Highest and Best


Pre-Foreclosure/Short Sale—Possession Challenges

• Complicated—Foreclosure process is on-going

• Possible stumbling blocks:

a. Acceptance from another buyer

b. Seller files bankruptcy

c. Seller gets a deed-in-lieu approved

d. Lender completes the foreclosure action

Buyer Possession Protection—Don’t Give Notice at Existing Home—

Until AFTER the Closing of this Transaction.Copyright © 2008. Home Ownership Matter, LLC. All Rights Reserved. 13

REO Possession—No Drama

• Predictable

• Set by Contract

• You Delay—You PAY $$$$

• They Delay—You’re Just Out of Luck


A-D-D-E-N-D-U-M-S

REO CONTRACT ADDENDUM

This is the REO addendum to that certain contract (“The Arizona Purchase Agreement”) by and between ADF Bank,

as the seller and Mr. and Mrs. Smith, the buyers, dated August 10, 2009

respecting the property located at: 1278 Scottsdale Road, Scottsdale, AZ.

*In the event any provision of this REO addendum conflicts in whole or part with any of the terms of the Contract, the provisions of this addendum will control. All other provisions of the Contract, except to the extent that they conflict with the provisions of the REO addendum, shall remain in full force and effect.


A-D-D-E-N-D-U-M-S

Buyer and Seller Agree As Follows:

Section 1. Definition of the “Property”

Section 2. No Representation or Warranties: Property Sold “As Is”

Section 3. Title Policy

Section 4. Repairs by Seller


A-D-D-E-N-D-U-M-S

Buyer and Seller Agree As Follows:

Section 5. Delays in closing; Including “per diem”

Section 6. Termination of Contract

Section 7. Remedies for Buyer


A-D-D-E-N-D-U-M-S

Consumer BEWARE!

Seek Legal Counsel

Insist on a Final Walk-Through

Read the Closing Documents—In Advance


A-D-D-E-N-D-U-M-S

Consumer BEWARE!

Avoid Being Rushed Through the Closing

Get Title Coverage to Avoid Potential Liens

Be Sure You Fully Understand the Rights You Relinquish


INSPECTIONS

Pre-Foreclosure

• Allowed, Encouraged

• Could have Scheduling Problems

• Highly recommended

• Wise investment

Recommend an ASHI Certified Inspector—Your Buyer Deserves It!


INSPECTIONS

REO

• Allowed, but Discouraged

• May require buyer to pay for utilities to be turned on

• Wise investment

Recommend an ASHI Certified Inspector—Your Buyer Deserves It!


RESOURCES

• Article: “The EXPECTANT Short Sale Buyer” (E-mail Heather @ [email protected])

• DSNews.com

• HomeOwnershipMatters.blogspot.com

• ResponsibleLending.org

• Inman.com

The Following INtros from HOM:

• INtro #2: Deal or No Deal

• INtro #14: Who You Gonna Call?

• INtro #45: Buying a Short Sale Can Be Risky Business


Vol 01: Getting to the Closing Table Vol 02: Is it Fraud or “just predatory”? Vol 03: Brokers: Are Your Agents Putting You at Risk? Vol 04: PALM—Practical Application of Loss Mitigation Vol 05: Secrets of a Professional BPO Vol 06: Fair HousingVol 07: Seller is the Lender Vol 08: Short Sale: Not Your Typical Transaction Vol 09: Foreclosure Intervention: Why Do You Need a Specialist?Vol 10: Buying REO is Risky Business

The BT Series

Vol 11: Buying TIME—When Your Money is Running OutVol 12: Mr. Smitherman—The Connection for Your Housing SituationVol 13: Q W R—In DetailVol 14: Foreclosure: a PROCESS & an EVENTVol 15: Taking Charge of Your Housing Situation

Partial List of Webinars Offered by HOM


The material provided is deemed to be reliable and accurate at the time of publication. However, the subject matter is undergoing almost constant change and you should assume responsibility for current research on procedures, policies, guidelines and changes in the law concerning your housing situation. Trainer has relied upon such sources as the National Consumer Law Center but is NOT an attorney. This information is provided as a community service. Please seek legal counsel to address your specific mortgage or housing situation and to determine your rights and responsibilities. Home Ownership Matters, LLC and contributing author hereby disclaim any responsibility or liability which may be asserted or claimed arising from reliance upon the information provided.

HOM Disclaimer / Hold Harmless


You can take the survey online at: http://www.surveymonkey.com/s.aspx?sm=2M63rhnWI80dBfs72fg_2f_2fQ_3d_3d

Or fax this to (Toll Free): (877) 587-4507

Name: _________________________________ Phone: _____________________

Firm Name (If Applicable): ______________________________________________

Address: _____________________________________________________________

City: ____________________ State: ____________ Zip: ______________________

E-Mail Address: _______________________________________________________

I would like to be added to the HOM Distribution List: ___ Yes ___ NoI understand that my information will not be sold or shared with anyone other than HOM

----------------------------------------------------------------------------------------------------------

Please let us know if you have any questions or comments:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

What would you like to see HOM do in the future? (Webinars, courses, e-mails, articles, etc):

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Thanks for your input, we really appreciate it!

Survey
