© Copyright 2008 Cathy Baumbusch Buying a Foreclosure/HUD/Short Sale Home Cathy Baumbusch...

© Copyright 2008 Cathy Baumbusch

Buying a Buying a Foreclosure/HUD/SForeclosure/HUD/S

hort Sale Homehort Sale HomeCathy BaumbuschCathy Baumbusch

InstructorInstructor

Foreclosures/HUD/Short Foreclosures/HUD/Short SalesSales

Session OneSession OneWelcomeWelcomeObjectives of thisCourseObjectives of thisCourseIntroduction – How Did We Get Here?Introduction – How Did We Get Here?ForeclosuresForeclosures

What is a Foreclosure?What is a Foreclosure?The buying process – 3 WaysThe buying process – 3 WaysFinancingFinancing

HUD and Other Government-owned homesHUD and Other Government-owned homes


Session TwoSession Two

Short SalesShort Sales

What is a Short Sale?What is a Short Sale?

What Sellers qualify for a Short What Sellers qualify for a Short Sale?Sale?

The Short Sale “Package”The Short Sale “Package”

Buying a Short SaleBuying a Short Sale


Objectives of this CourseObjectives of this CourseUnderstand what causes foreclosureUnderstand what causes foreclosureTypes of foreclosure salesTypes of foreclosure salesHow to buy at a trustee saleHow to buy at a trustee saleHow to buy a bank-owned How to buy a bank-owned foreclosureforeclosureHow to buy a HUD or other How to buy a HUD or other government- owned foreclosuregovernment- owned foreclosure


Objectives of this Course (cont’d)Objectives of this Course (cont’d)

Understand what is a short saleUnderstand what is a short sale

How to buy a short sale homeHow to buy a short sale home

Tax implications of a short saleTax implications of a short sale

How a short sale affects a seller’s How a short sale affects a seller’s creditcredit


How Did We Get Here?How Did We Get Here?Mid-1990s to 2005Mid-1990s to 2005Rapid increase in home pricesRapid increase in home pricesSupply in abundanceSupply in abundanceLow interest ratesLow interest ratesGenerous lending rules - ARMsGenerous lending rules - ARMsSecondary marketSecondary marketInvestor demand for mortgage Investor demand for mortgage securitiessecurities


ForeclosuresForeclosuresWhat is a Foreclosure?What is a Foreclosure?

Seller stops making paymentsSeller stops making paymentsHome will have to be soldHome will have to be sold

Where to find foreclosure listingsWhere to find foreclosure listingsNewspaper – Trustee salesNewspaper – Trustee salesWebWebBanksBanksReal Estate Brokerages Real Estate Brokerages


ForeclosuresForeclosures

3 Types3 Types

Pre-foreclosurePre-foreclosure

Trustee saleTrustee sale

Bank- or REO-ownedBank- or REO-owned



Pre-foreclosurePre-foreclosure

Borrower has stopped making Borrower has stopped making paymentspayments

Often Seller is “upside down”Often Seller is “upside down”

Foreclosure is imminentForeclosure is imminent



Trustee saleTrustee sale

Borrower has stopped making Borrower has stopped making paymentspayments

Bank has taken actionBank has taken action

Property is advertised for SaleProperty is advertised for Sale

Sold on “courthouse steps”Sold on “courthouse steps”


Foreclosures - Things to know about Foreclosures - Things to know about trustee salestrustee sales

Home is sold As-IsHome is sold As-Is

Deposit in certified funds is Deposit in certified funds is requiredrequired

Balance due in 14-15 daysBalance due in 14-15 days

Must close within 30 daysMust close within 30 days

Homes may be in bad shapeHomes may be in bad shape

Broker is not neededBroker is not needed



Bank-ownedBank-owned

REO – “Real Estate Owned (by REO – “Real Estate Owned (by lender)”lender)”

Can also be owned by government Can also be owned by government agency such as FHA (HUD homes) or VAagency such as FHA (HUD homes) or VA

These homes are listed with These homes are listed with brokerages and/or auction housesbrokerages and/or auction houses


Foreclosures (cont’d)Foreclosures (cont’d)

Buying a bank-owned propertyBuying a bank-owned property

Finding a propertyFinding a property

Making the offerMaking the offer

Response timeResponse time

CounteroffersCounteroffers


Foreclosures – Things to knowForeclosures – Things to knowNegotiations done verballyNegotiations done verballyBank addendums – can be lengthy and Bank addendums – can be lengthy and favor lenderfavor lenderFinancing aspects of foreclosuresFinancing aspects of foreclosuresClosing costs Closing costs Termite and other inspectionsTermite and other inspectionsHomes sold As-IsHomes sold As-IsHome WarrantiesHome WarrantiesMultiple offersMultiple offers


ForeclosuresForeclosuresAuctionsAuctions

Brokerages have not been able to sell Brokerages have not been able to sell homeshomesHomes put in auction poolHomes put in auction poolHomes sold along with hundreds of othersHomes sold along with hundreds of othersCertified funds deposit requiredCertified funds deposit requiredClosing timelinesClosing timelinesHomes sold As-IsHomes sold As-IsBuyers premiums average 5%Buyers premiums average 5%



AuctionsAuctionswww.hudsonandmarshall.comwww.hudsonandmarshall.com

www.ushomeauction.comwww.ushomeauction.com

www.williamsauction.comwww.williamsauction.com

www.nicholsauction.comwww.nicholsauction.com

I am not affiliated with any of these companies, nor do I endorse any of them. This is for educational purposes only.

Buying a ForeclosureBuying a Foreclosure

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HUD HomesHUD Homes

What is a HUD home?What is a HUD home?

Owned by FHAOwned by FHA

Borrowers defaulted on FHA-secured loanBorrowers defaulted on FHA-secured loan

www.hud.govwww.hud.gov, click on HUD homes, , click on HUD homes, VirginiaVirginia

OROR

http://www.tenmanagement.com/listings/state.do?cohttp://www.tenmanagement.com/listings/state.do?code=VAde=VA

HUD homes are also in the MLS.HUD homes are also in the MLS.


HUD HomesHUD Homes

Search Properties for sale by Search Properties for sale by CityCity

Price ReducedPrice Reduced Properties for sale Properties for sale

Handyman Specials. Handyman Specials. (New!)(New!)

Search Properties for sale by Search Properties for sale by County County

Search Properties for sale by Search Properties for sale by Zip, Case #Zip, Case #

Get Get all all Properties for sale in a sortable list Properties for sale in a sortable list

Advanced SearchAdvanced Search


HUD HomesHUD Homes

Types of HUD SalesTypes of HUD Sales

Good Neighbor Next DoorGood Neighbor Next Door

Dollar HomesDollar Homes

Public salesPublic sales


HUD HomesHUD Homes

Bid ResultsBid Results

Bid StatisticsBid Statistics

Help for BuyersHelp for Buyers

Find a BrokerFind a Broker

How to Buy a HUD HomeHow to Buy a HUD Home


HUD HomesHUD Homes

How to Buy a HUD HomeHow to Buy a HUD Home

http://www.hmbireo.com/index.phphttp://www.hmbireo.com/index.php, , click on Buyer Information, click on Buyer Information, >>BUYER PROCESS<<>>BUYER PROCESS<<


HUD Homes – Buyer ProcessHUD Homes – Buyer Process

Anyone can buy a HUD homeAnyone can buy a HUD home

Owner-occupant have priority first Owner-occupant have priority first 10 days10 days

Homes are sold at market valueHomes are sold at market value

Homes are sold As-IsHomes are sold As-Is

Deadlines are strictDeadlines are strict



Making an OfficerMaking an Officer

Must use a registered HUD brokerMust use a registered HUD broker

Electronic biddingElectronic bidding

Initial listing periodInitial listing period

Friday morningsFriday mornings

Owner-occupants first 10 daysOwner-occupants first 10 days



General public bidding after first 10 General public bidding after first 10 daysdays

Contract must be submitted within Contract must be submitted within 48 hours of notice of offer 48 hours of notice of offer acceptanceacceptance

Contract MUST be correctContract MUST be correct

Closing must occur within 45 daysClosing must occur within 45 days


HUD Homes – Buyer Process – Things to HUD Homes – Buyer Process – Things to Know (cont’d)Know (cont’d)

HUD may pay some closing and sales HUD may pay some closing and sales commission costscommission costs

up to 5% commissionup to 5% commission

up to 3% closing costsup to 3% closing costs

May use your own settlement agent or May use your own settlement agent or HUD agentHUD agent

If you use HUD’s settlement agent, HUD If you use HUD’s settlement agent, HUD will pay their feeswill pay their fees


HUD Homes – Buyer Process – Things to Know HUD Homes – Buyer Process – Things to Know (cont’d)(cont’d)

Downpayment and other costsDownpayment and other costs Owner Occupants Only:Owner Occupants Only:

3% Minimum Down payment for FHA financed 3% Minimum Down payment for FHA financed properties.properties. Maximum mortgage amount 97% of the Maximum mortgage amount 97% of the appraised valueappraised value or sales price or sales price whichever is lowerwhichever is lower..

Investors:Investors: 1 unit: 1 unit: 25% Minimum Down payment, for FHA 25% Minimum Down payment, for FHA financed properties;financed properties; 2 to 4 units: 2 to 4 units: 15% Minimum Down payment, for 15% Minimum Down payment, for FHA financed properties.FHA financed properties.


HUD Homes – Buyer Process – Things to HUD Homes – Buyer Process – Things to Know (cont’d)Know (cont’d)

Required Earnest Money Amount:Required Earnest Money Amount: $1,000 for offers greater than $50,000; $1,000 for offers greater than $50,000;

(not to exceed $2000) (not to exceed $2000) $500 for offers $50,000 or less, $500 for offers $50,000 or less, 50% of the Listing Price for Vacant Lots 50% of the Listing Price for Vacant Lots Other CostsOther Costs HUD generally will pay outstanding taxes HUD generally will pay outstanding taxes

and/or utilitiesand/or utilities


HUD Homes – Buyer Process HUD Homes – Buyer Process What happens if you can’t close?What happens if you can’t close?For owner-occup. 100% deposit returned For owner-occup. 100% deposit returned if:if:Death or serious illnessDeath or serious illnessLoss of jobLoss of jobUnable to obtain financingUnable to obtain financing

FHA loan – 100%FHA loan – 100%Non-FHA loan – 100%Non-FHA loan – 100%

If Non-FHA loan and borrower was pre-If Non-FHA loan and borrower was pre-approved – 50% of deposit returnedapproved – 50% of deposit returned


HUD Homes – Buyer Process HUD Homes – Buyer Process What happens if you can’t close? (cont’d)What happens if you can’t close? (cont’d)Forfeit 100% of your deposit if:Forfeit 100% of your deposit if:No documentation is submitted. No documentation is submitted. Documentation fails to provide an Documentation fails to provide an acceptable cause for the buyer's failure to acceptable cause for the buyer's failure to close. close. Documentation is not received by HMBI no Documentation is not received by HMBI no later than close of business on the tenth later than close of business on the tenth (10th) day following cancellation of the (10th) day following cancellation of the contract. contract.


HUD Homes – Buyer Process HUD Homes – Buyer Process What happens if you can’t close? (cont’d)What happens if you can’t close? (cont’d)You can file a Request for ExtensionYou can file a Request for Extension

Fees associated (15 day periods)Fees associated (15 day periods)< $25,000 - $10 per day< $25,000 - $10 per day$25,001 – 50,000 - $15 per day$25,001 – 50,000 - $15 per day$50,000+ - $25 per day$50,000+ - $25 per dayNo fee for owner-occup. for initial period No fee for owner-occup. for initial period if documentation shows reasonable effortif documentation shows reasonable effort


HUD Homes – Buyer ProcessHUD Homes – Buyer ProcessListing codesListing codes

IN - Insured:IN - Insured: All properties listed as "INSURED" are All properties listed as "INSURED" are eligible for eligible for FHA financing.FHA financing. These properties are eligible for These properties are eligible for insurance under Section 203(b) of the National insurance under Section 203(b) of the National Housing Act. An interest rate will be charged on Housing Act. An interest rate will be charged on the loan and is negotiable between the purchaser the loan and is negotiable between the purchaser and lender. The mortgage may include some and lender. The mortgage may include some mortgage insurance payments. The originating mortgage insurance payments. The originating lender is responsible for making final lender is responsible for making final determination whether a property meets determination whether a property meets Minimum Property Standards and, consequently, Minimum Property Standards and, consequently, is eligible for FHA insurance.is eligible for FHA insurance.



IE - Insured with Escrow Repairs:IE - Insured with Escrow Repairs: Properties listed as Properties listed as "Insurable with Repair Escrow" are eligible for an "Insurable with Repair Escrow" are eligible for an FHA 203(b) insured loan.FHA 203(b) insured loan. The lender making the new FHA 203(b) loan The lender making the new FHA 203(b) loan establishes an escrow for the amount of the repairs which includes a establishes an escrow for the amount of the repairs which includes a 10% contingency, not to exceed $5,500. The identified repairs are 10% contingency, not to exceed $5,500. The identified repairs are required to meet FHA's "minimum property standard" (MPS) and the required to meet FHA's "minimum property standard" (MPS) and the total repair costs should be equal to or less than $5,000. If a 203(b) total repair costs should be equal to or less than $5,000. If a 203(b) FHA insured loan is used for financing, the repair escrow must be FHA insured loan is used for financing, the repair escrow must be used for the needed work specified in the listing.used for the needed work specified in the listing.

Repairs must be accomplished within 90 days of closing and be Repairs must be accomplished within 90 days of closing and be monitored by an FHA lender.monitored by an FHA lender. The lender will inspect work as it is The lender will inspect work as it is completed on the house and distribute the repair monies as completed on the house and distribute the repair monies as appropriate within ninety (90) days of closing. The costs of repairs are appropriate within ninety (90) days of closing. The costs of repairs are included in the loan amount and repaid by the borrower as part of the included in the loan amount and repaid by the borrower as part of the monthly payment. Any funds in the escrow account not used for the monthly payment. Any funds in the escrow account not used for the repairs will be applied to reduce the unpaid principal balance of the repairs will be applied to reduce the unpaid principal balance of the loan. The escrow does not apply if the buyer is not utilizing FHA loan loan. The escrow does not apply if the buyer is not utilizing FHA loan financing.financing.



UI - Uninsured:UI - Uninsured: Properties listed as "UNINSURED" means that Properties listed as "UNINSURED" means that certain repairs and or improvements are required certain repairs and or improvements are required to be eligible for an FHA 203(k) mortgage.to be eligible for an FHA 203(k) mortgage. The The required repairs on most of these properties exceed required repairs on most of these properties exceed $5000.00. Purchasers of these properties have the $5000.00. Purchasers of these properties have the option to purchase "as-is" with cash or conventional option to purchase "as-is" with cash or conventional financing. These properties maybe eligible for a financing. These properties maybe eligible for a FHA 203(k) mortgage if the required repairs and or FHA 203(k) mortgage if the required repairs and or the improvements are completed in accordance the improvements are completed in accordance with FHA guidelines. Ask a FHA lender for more with FHA guidelines. Ask a FHA lender for more details.details.

Session TwoSession Two


Other Government-owned homesOther Government-owned homes From the Department of Veterans Affairs From the Department of Veterans Affairs VA homes are homes acquired by the VA due VA homes are homes acquired by the VA due

to foreclosure action on VA-secured loans.to foreclosure action on VA-secured loans. Where they are listed: Where they are listed: www.reotrans.comwww.reotrans.com and and

the MLS.the MLS. You do not have to be a veteran to purchase a You do not have to be a veteran to purchase a

VA home.VA home. VA financing is available for some propertiesVA financing is available for some properties Making an offer on VA property is no different Making an offer on VA property is no different

than any other home purchase, except that than any other home purchase, except that response times may be a little longer than response times may be a little longer than traditional owner sale.traditional owner sale.


Other Government-owned homesOther Government-owned homes From Federal Deposit Insurance Corporation From Federal Deposit Insurance Corporation FDIC properties are acquired by the FDIC properties are acquired by the

FDIC as receivers of failed banking FDIC as receivers of failed banking institutions.institutions.

Seller financing may be available.Seller financing may be available. Offers are considered using net funds Offers are considered using net funds

received after deducting brokerage received after deducting brokerage commissions and sale expenses, and payment commissions and sale expenses, and payment terms considered in light of the applicant's terms considered in light of the applicant's credit worthiness and ability to perform. credit worthiness and ability to perform.


Other Government-owned homesOther Government-owned homes From Internal Revenue Service - From Internal Revenue Service -

http://www.treas.gov/auctions/irs/cat_Real7.htmhttp://www.treas.gov/auctions/irs/cat_Real7.htm Under authority of Internal Revenue Code 6331, the Under authority of Internal Revenue Code 6331, the

property described here has been seized for nonpayment of property described here has been seized for nonpayment of internal revenue taxes.internal revenue taxes.

All properties are sold by public auction.All properties are sold by public auction. All payments must be by cash, certified check, All payments must be by cash, certified check,

cashier's or treasurer's check or by a United States postal, cashier's or treasurer's check or by a United States postal, bank, express, or telegraph money ordebank, express, or telegraph money orde

There is no buyer’s premium at these sales.There is no buyer’s premium at these sales. Previous owners and other interested parties have Previous owners and other interested parties have

the right to redeem the property within 180 days of the sale.the right to redeem the property within 180 days of the sale. Bid winner is then paid the purchase price plus 20%.Bid winner is then paid the purchase price plus 20%. Subject to encumbrances. Liens filed prior to the IRS Subject to encumbrances. Liens filed prior to the IRS

Tax Lien remain with the property. Liens filed after the IRS Tax Lien remain with the property. Liens filed after the IRS Tax Lien go away once deed is issued.Tax Lien go away once deed is issued.


Other Government-owned homesOther Government-owned homes

From Customs - From Customs - http://http://www.treas.gov/auctions/treasury/rpwww.treas.gov/auctions/treasury/rp//

Auctions of seized Real Property (real estate) for sale Auctions of seized Real Property (real estate) for sale throughout the United States and Puerto Rico and throughout the United States and Puerto Rico and includes homes, commercial buildings, vacant land, and includes homes, commercial buildings, vacant land, and multi-family residences. multi-family residences.

These properties have been seized through IRS-Criminal These properties have been seized through IRS-Criminal Investigation, Immigration and Customs Enforcement, Investigation, Immigration and Customs Enforcement, and the U.S. Secret Service. All proceeds from the sale of and the U.S. Secret Service. All proceeds from the sale of property are deposited in the U.S. Treasury Asset property are deposited in the U.S. Treasury Asset Forfeiture Fund. Forfeiture Fund.

Sale participants must register to bid during the specified Sale participants must register to bid during the specified registration time for the sale. Photo ID and the cashier's registration time for the sale. Photo ID and the cashier's check deposit to register.check deposit to register.

Property is sold through open, progressive voice bidding. Property is sold through open, progressive voice bidding.


Other Government-owned homesOther Government-owned homes From Customs – (cont’d) From Customs – (cont’d) All property is sold "as is." All property is sold "as is." You do not need a broker to participate.You do not need a broker to participate. Typically, auctions are held "on-site" at the Typically, auctions are held "on-site" at the

property location.property location. If you cannot attend the auction, you may submit a If you cannot attend the auction, you may submit a

written bid by sending contact information or a written bid by sending contact information or a completed written bid form , completed written bid form ,

Closing is usually required within 30 calendar days Closing is usually required within 30 calendar days of sale or sooner. of sale or sooner.

These are cash sales. You do not pay a buyer's These are cash sales. You do not pay a buyer's premium.premium.


Other Government-owned homesOther Government-owned homes From the U.S. Marshals Service - From the U.S. Marshals Service - http://http://

www.usmarshals.gov/assets/sales.htmwww.usmarshals.gov/assets/sales.htm The Marshals Service administers the The Marshals Service administers the

Department of Justice's Asset Forfeiture Department of Justice's Asset Forfeiture Program by managing and disposing of Program by managing and disposing of properties seized and forfeited by federal properties seized and forfeited by federal law enforcement agencies and U.S. law enforcement agencies and U.S. attorneys nationwide. The program has attorneys nationwide. The program has become a key part of the federal become a key part of the federal government's efforts to combat major government's efforts to combat major criminal activities.criminal activities.


Other Government-owned homesOther Government-owned homes Fannie MaeFannie Mae – HomePath – HomePath

http://www.fanniemae.com/homepath/index.jhtmlhttp://www.fanniemae.com/homepath/index.jhtml Up to 100% Financing-With No Mortgage Insurance!* Up to 100% Financing-With No Mortgage Insurance!* Make sure you get the best possible home financing for Make sure you get the best possible home financing for

your property! This program offers fixed rate your property! This program offers fixed rate mortgages with up to 100% financing and no mortgage mortgages with up to 100% financing and no mortgage insurance. No appraisal necessary on select properties. insurance. No appraisal necessary on select properties.

Qualifications include: Qualifications include: One-unit, owner-occupied primary residences only One-unit, owner-occupied primary residences only Minimum credit score-700 Minimum credit score-700 First mortgages only-does not apply to second First mortgages only-does not apply to second

mortgages mortgages Full documentation required Full documentation required


Other Government-owned homesOther Government-owned homes Freddie MacFreddie Mac – HomeSteps – HomeSteps

http://www.homesteps.com/hm01_1findahohttp://www.homesteps.com/hm01_1findahome.htmme.htm

Promotions: $400 coupon towards Promotions: $400 coupon towards closing costs closing costs

AuctionsAuctions Hudson and MarshallHudson and Marshall RealtyBid.comRealtyBid.com

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