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“Can I put a offer in on a foreclosure with multiple offers before I sell my house?”

posted on Wednesday, July 16th, 2008 at 4:07 pm

A client recently asked us, "Can I put a offer in on a foreclosure with multiple offers before I sell my house?"

We get this question a lot, and here's our answer (names obviously hidden to protect identity!).  It's especially surprising to buyers because the press is portraying the market as being "dead" - but when a property comes on the market that is hot, there are a lot of people out there that want to jump on it!

ØØØØØØØ, are you on alerts on for this area? If not, we should definitely get you on the alerts so you can find out about these properties within 1 hr of coming on the market.  You can find instructions at www.DROdio.com/alerts

Also, as listing agents for the two largest foreclosure banks in our area, I can tell you what these multiple offer scenarios are going to look like. We just accepted an offer on a property that had 10 offers - it was listed at $434,900 and we accepted a contract $30K+ above the listing price. This, by the way, is not uncommon. For every property that we've had multiple offers, the property has sold for above the listing price. If you are looking to lowball, foreclosures with multiple offers are not going to be your target properties. Through experience, we can also tell you with 100% certainty that banks will NOT accept a contract which is contingent on the sale of your property.

Here are some options in plan of action for you.

1. Wait until the sale of your home closes. 100% loans are all but gone and your buyers are probably scrambling to get themselves into other loan programs, which will take time. So, the settlement date may or may not change. However, this ensures that you are able to fully execute your own purchase contract. The biggest risk you run here is that if you need the proceeds of the sale of your home, and that deal is delayed, then you will have to delay your purchase deal. If the sellers of your property do not wish to allow you the extension, then they can potentially cancel the contract and take your earnest deposit.

2. Wait until you have a loan commitment letter from the current buyer's lender. We don't know your relationship with your realtor, but you should be able to ask for a loan commitment letter from the current buyer. Once you have that, you have the assurance from the lender that they will fund the loan. This is not a 100% guarantee, however, it is of greater confidence that the transaction will settle.

3. Put in non-contingent offer on foreclosures with a longer closing date. Banks do not accept contracts that are contingent on sale of homes. They also charge a per diem for every day that the loan does not close with the delay caused by the buyers. Countrywide charges $150, most banks charge between $100 - $200. This means that for every day that you are late, they charge you this amount. So if you put in an offer not contingent on the sale of your home with the bank (because we know they won't accept it), with the confidence that your property will close, however, if there are delays, then you will pay the bank the per diem. So, if your buyers delay the contract on your home by 10 days, it will cost you an additional $1,000 - $2,000. You will have to put in a cushion of extra time to close. Most banks expect 30-45 days of closing. We can try to negotiate 60 days, but that really depends on the bank. They usually counter with 30-45 days.

4. Look for non foreclosures and put in contingent offers. The market, as you have experienced first hand, is pretty hot for single family homes below $400K and they are flying off the shelves if it's priced right. So you will have to put in 10-20 offers before you might even find a seller who is willing to accept a contingent offer. Also, savvy sellers usually accept sale of home contingency offers with a "kick-out clause". The "kick-out clause" essentially means this - the seller will continue to market the property, and if they get in another offer, you have a first right of refusal to then close on the property in a set number of days, if you cannot close, then the seller can "kick-out" your contract and accept the other one.

We know you're in a difficult position and would like to move as quickly as you can. However, we also know that a misstep in any of these choices can cost you significant amount of money, so it will be important to align your tolerance for risk with your need to move quickly. The options outlined above are in order of risk - #1 being lowest risk, and #4 being of highest risk.

Take your time to consider all your options - as you know, we are able to put contracts together very quickly, so when you are ready, we can put in an offer within hours and if you have the right loan officer, we can even get you to closing within 2 weeks of ratifying a contract.

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Foreclosure: suffering from a “side effects” hangover

posted on Tuesday, July 8th, 2008 at 9:45 am

Everyone knows the cost of foreclosure is high but I would argue that the side effects that go along with foreclosure, can, in some cases be even higher. Consider this: An article just recently appeared in “The Fairfax Times” which talks about the “unexpected consequence” of the vacant, foreclosed properties which become a breeding ground for mosquitoes. The articles goes on to state “As foreclosure rates and temperatures both continue to rise, there is increased potential for mosquito breeding grounds to develop and go untreated in and around vacant homes. Homeowners must be vigilant of pest problems on their own properties but also on the vacant properties near them.”

Anytime a home sits vacant, it can turn into a potential liability for the owner (the bank), as well as the surrounding neighborhood. All too often, the home can become a target for vandalism and I have also heard several reports of “squatters” moving into these properties as well. These two things alone can profoundly affect the look and the feel of a neighborhood and lower property values.

Local governments face consequences:

USA today reported in their May 15, 2008 edition that many cities are fighting back and suing the home lenders who are not taking responsibility for these foreclosed properties which they now own. “The Mortgage News Daily” says that typical local government “loses $19,227 through diminished taxes and fees and a shrinking tax base as home prices decrease”. Factor in the cost of the cities to take whatever action they deem necessary (including suing the lenders) to protect the neighborhood against loss, damage or the threat of the neighborhood values declining and those costs skyrocket. This doesn’t even take into account the peripheral damaged caused by the loss of revenue from the taxes that would normally be collected in a healthy market. The local governments will find a way to re-coup their losses and more than likely the neighbors of these homes will pay a higher cost tax-wise to compensate for these losses.

Renters pay the price too:

Homeowners are not always the only victims of foreclosure; renters can become unintended casualties in the foreclosure process as well. “CNN.com” reported that a resident of Laguna Hills, California, who had paid his rent on-time every month, was now being evicted as his landlord did not pay his mortgage. Realty Trac, a company that tracks foreclosures around the country estimates that at least 38% of the properties that go into foreclosure are not owner occupied and many of these have tenants in them. The thing that makes this especially frustrating for tenants is that they have fulfilled their obligations in relation to their lease terms. Many times, the tenant would even be willing to purchase the property but unfortunately, these renters end up mired in a lending bureaucracy backlog and are unable to make any in-roads with the banks who own the properties.

What about the animals?

Pets too can get sucked into the fray when someone loses their home through foreclosure. Many of these animals are either turned over to agencies to be “euthanized” or left for dead in the now abandoned homes. “Business Week” in an article entitled “Foreclosure’s filthy aftermath” reported that an animal rescue worker in Cincinnati, OH came across a home where the owner had been evicted that was housing more than 60 cats!

Are we done yet?

HUD Secretary, Alphonso Jackson, has estimated that one in four homes will go into the foreclosure process by the end of 2008. Unfortunately, it seems unlikely that we have even reached the height of this crisis. The “Mortgage News Daily” states that “according to the Joint Economic Committee of Congress, the average foreclosure costs $77,935 while preventing a foreclosure runs $3,300.” If this is truly the case, then common sense would say that steps need to be taken to put more foreclosure prevention programs in place.

Although the Bush Administration did introduce “FHA Secure” which is designed to help homeowners whose original interest rates have re-set and can no longer afford their mortgage payments refinance into an FHA mortgage, anecdotal evidence reveals that this measure is not quite living up to its expectations. Lenders have said that the restrictions for use are too narrow and that in order for someone to re-finance under this program, they still need to have made all of their mortgage payments on-time at their original payment amount (before the re-set) and have paid all of their other credit obligations on-time. Therein lies the rub….If a homeowner cannot pay his/her mortgage payment, which is the one bill that most everyone would pay first, how can a lender expect his/her other bills to be paid on time?

A silver lining? just maybe

If there really is a “silver lining” in all of this bad news, I think it’s this: The mortgage industry is in the process of a major reform that will benefit all both consumers and the real estate industry alike. Reuters says that “Congress and the Bush administration are pursuing reform proposals on how brokers qualify to do business; how they get paid; and how much information they share with borrowers.” As the American philosopher, George Santayana, said “Those who do not remember the past are condemned to repeat it”, let’s hope the message comes through loud and clear the first time around!

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Condo Gossip: The Latest Buzz On Some of DC Metro’s Popular Condo Communities

posted on Sunday, July 6th, 2008 at 9:36 pm

Market decline in VA and MD markets have affected even some of the more popular developments and communities in the area. Developments which saw Phases 1, 2 and 3 sell out in record time are now having a hard time getting those projects to completion. This is as more concerned buyers pull out [...]

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MD and VA Communities Near The Metro: Save on Gas and Shorten Your Commute

posted on Sunday, July 6th, 2008 at 9:35 pm

With gas prices on the rise, communities near the metro are becoming more attractive to prospective buyers conscious about their commute. After all, it's no secret that living within walking distance to the metro can save money on gas and cut down on your commute depending on your destination. The good news is that we've [...]

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