Considering buying a foreclosed house

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henwil

Well-known member
Joined
Aug 23, 2013
Messages
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Location
Tracy, CA
Hi Folks,

I will be starting my new job in Livermore CA on 3/30 and we will likely live in Tracy due to the cost of living.

It seems (from the Trulia listings) that at least half of the houses for sale are foreclosures.

I don't know what I don't know about buying a foreclosed house. Any pointers anyone can share would be greatly appreciated!

We can pay cash which might help in the process.

Thanks!

Henry

 
Check it and have it checked. Some people being foreclosed will call down devastation on the abode as some form of retribution for issues that are not the fault of said abode.

Paying cash will give you no recourse in the event something is found deeply wrong after you take possession.

HOW warranties are worthless. My brother had a crack in a wall he could see daylight through and they still wouldn't take action. It seems it needed to be at least 1/2 inch wide or more to qualify.

 
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Check it and have it checked. Some people being foreclosed will call down devastation on the abode as some form of retribution for issues that are not the fault of said abode.
Paying cash will give you no recourse in the event something is found deeply wrong after you take possession.

HOW warranties are worthless. My brother had a crack in a wall he could see daylight through and they still wouldn't take action. It seems it needed to be at least 1/2 inch wide or more to qualify.
+10, Double Gunny; I own four Rental Properties and HOW Warranties have been proven to me to be absolutely worthless! As Bounce stated, check it and double-check it! Here is the check list I use: https://www.wikihow.com/Buy-Foreclosure-Homes-for-Sale JSNS, DUE DILIGENCE!

 
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I have bought 2 foreclosed homes. Inspection is the key to protecting yourself against the unknown.

Get a termite inspection and a general home inspection for the hvac, plumbing, electrical wiring plus a good look at the roof.

The second home we bought is a rental and it was beat up but we did a home path loan that included fix up money in the loan. Do you homework (pun intended) and you will be fine.

 
The house next door to us was foreclosed on many years ago. The husband and wife who owned it had a nasty separation/divorce, and the husband decided not to pay the mortgage after he moved out. She had no clue for some reason. Once the foreclosure proceedings began, he came back to get his stuff and decided that he wanted the sump pump...

The house sat vacant for over a year with about 3-4 feet of water in the basement.
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You could see condensation all over the living room picture window. The young couple who bought it eventually had to gut most of it and do mold remediation.

Obviously not all foreclosures go that way, but as has been stated, do thorough investigation before buying.

 
Are you buying this home as an investment property? If so, you can get a lot of information about real estate investment at BiggerPockets.com.

Either way, get it inspected. Most banks will sell foreclosures "as-is". So anything you find in the inspections will come out of your pocket after you buy the house.

 
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Inspect everything very carefully. I don't know about CA, but in NY a home inspector is not allowed to make any holes or remove anything to get a look in hidden places, so you'll be better off doing the inspection yourself if you know what to look for.

My daughter and son-in-law bought a foreclosed house. The bank had paid someone to drain all the plumbing and put anti freeze in the drains. They did the anti freeze but did not drain the pipes and most has frozen and burst. We saw that when we inspected the place before they bought it and it was still a bargain, but that is one example of something that can go wrong. And it can be very expensive if you have to pay professionals to do the work.

 
Like any other purchase, you simply need to take the usual precautions. Caveat Emptor is the guiding principle, so have any property structurally surveyed then buy knowing the liability insurance of the surveyor covers you, as well as his/her professional expertise.

There is no more danger in buying from a bank than from anyone else. The fact that may may have some legal redress against some sellers, in some circumstances, does not mean you would ever be able to enforce that, Monetary compensation doesn't help if the seller, for example, has no money you can access.

The other side of the coin is that foreclosed homes sell at very attractive prices. Just know what you are buying.

By the way .... be wary of making an offer on a "short-sale". Banks have been known to take up to a year deciding whether or not to accept such a deal.

 
There are those that run across hard times and then there are those that look to beat the system. I seen one recently where the "owner" stuck it out for years and when he couldn't no longer took everything possible to the scrap yard. Gutters, window screens and doors, plumbing, whatever had any sort of value.

Get a termite inspection and a general home inspection for the hvac, plumbing, electrical wiring plus a good look at the roof.
Great advice if you're not very familiar with any of these systems, making sure also they're compliant with any and all local codes.

 
I am a Realtor with 20 years of experience and can send you a ton of info, some of which you absolutely must know before pulling the trigger. PM me with your email address and I will forward several documents that you need to read to understand your rights, a lack of rights., if you go this route.

There is, in fact, much more danger in buying a Bank Owned or REO than a a regular transaction and you really need to know what rights you give up when you sign the bank addendums. Get expert advice, an experienced Realtor or a Real Estate attorney.

 
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There is no more danger in buying from a bank than from anyone else. The fact that may may have some legal redress against some sellers, in some circumstances, does not mean you would ever be able to enforce that, Monetary compensation doesn't help if the seller, for example, has no money you can access.

l.
There is, in fact, much more danger in buying a Bank Owned or REO than a a regular transaction and you really need to know what rights you give up when you sign the bank addendums. Get expert advice, an experienced Realtor or a Real Estate attorney.
Yes indeed, I used a realtor for both my transactions.

 
There is no more danger in buying from a bank than from anyone else. The fact that may may have some legal redress against some sellers, in some circumstances, does not mean you would ever be able to enforce that, Monetary compensation doesn't help if the seller, for example, has no money you can access.

l.
There is, in fact, much more danger in buying a Bank Owned or REO than a a regular transaction and you really need to know what rights you give up when you sign the bank addendums. Get expert advice, an experienced Realtor or a Real Estate attorney.
THIS !!! ^^^^^^^
Glad you posted that, Ralph. Until the beginning of this month when I changed my status with the State Bar to inactive, I was a California real estate attorney for the last 25 years (out of 30 in practice). My sister, who retires next month, has spent 40 years as an escrow officer, branch manager and escrow company owner in SoCal who has closed ~ 12,000 escrows in her career and has extensive experience in REOs, foreclosure sales and short sales all over the state. I know very few people who know as much about this subject as she does. My ex was an attorney before becoming a practicing real estate broker who has spent a few of the last ten years specializing in negotiating these kinds of sales.

As Ralph notes, there are significant differences in risks, what you can negotiate with the seller(s) and even in the tactics, time frames and standard CAR form contract terms that the bank's reps will even consider. Just one difference is that the inspections you do and pay for while in escrow will almost certainly be solely for the purpose of informing you enough to make a buy or walk away decision, and NOT the basis to negotiate repairs or credits to get even materially significant habitability problems fixed (as is otherwise typical in the normal transaction between private seller and buyer). It is also typical not to benefit from required disclosures or to have the usual remedies for the seller's failure to make required disclosures. Those are but a couple examples, and an exhaustive list is Beyond my tolerance for typing on this iPad.

This is NOT meant to be legal advice to be relied upon. Moreover, without paying active membership dues, I'm no longer permitted to give such advice. Ralph is right; get experts in the area in which you'll be buying. That would be, at a minimum, a Realtor who is VERY well versed in such transactions. He or she needs to have significant experience in such transactions, reliable contacts for inspections, escrow officers to handle such transactions (very important), as well as the knowledge of what can and cannot be obtained in negotiations with bank hired brokers. In other words: plenty of relevant experience and real negotiation skills.

I bought my current house in a short sale (with my ex as my broker). It is a different kind of sales transaction, especially with more than one lender that must sign off on it. Good deals can be had via this route, but you can be buying a bag of trouble, especially if you need to move into it and fulfill immediate employment obligations (as opposed to having the time and money for repair and rehab of an investment bargain you intend to rent out). Get expert local professional assistance and you'll be much more likely to have this work for you.

 
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There is no more danger in buying from a bank than from anyone else. The fact that may may have some legal redress against some sellers, in some circumstances, does not mean you would ever be able to enforce that, Monetary compensation doesn't help if the seller, for example, has no money you can access.

l.
There is, in fact, much more danger in buying a Bank Owned or REO than a a regular transaction and you really need to know what rights you give up when you sign the bank addendums. Get expert advice, an experienced Realtor or a Real Estate attorney.
Yes indeed, I used a realtor for both my transactions.
Great advice given from Doug, Ralph and Rich! +10 & Double Gunny on using a Realtor, all of my Arizona Properties I have bought since 1990 have been through my Real Estate Agent Pamela. Pam also now manages all of my Rental Properties for me, Peace of Mind so I can go **** off and ride my motorcycles 24/7 hours and 365 days!

 
Great advice given from Doug, Ralph and Rich!
Indeed!!! Thanks so much guys for taking the time to share your advice! Much appreciated. I will get myself educated and get the right people working with me if we end up going this route.

 
A couple more things. First, there are significant differences in process and pragmatics for buying a home that is in the foreclosure process, buying a home at a foreclosure sale, buying in a short sale and buying an REO (actually OREO, which means Other Real Estate Owned - a home in the bank's inventory after they purchased it in a credit bid of the amounts owed to them in the foreclosure sale). It's complex and I won't go into the many distinctions, differences and permutations, except to say that we're doing the subject a bit of a disservice lumping them together here. But this needs to be addressed:

Paying cash will give you no recourse in the event something is found deeply wrong after you take possession.
I'm at a loss to think of a situation where this is so, at least in California real estate practice. This is not a situation in which the seller is taking back paper (lending you the purchase money funds) where such a statement MIGHT have some validity.

It is actually a big plus that you can purchase for all cash. If you are well informed, have reliable inspectors who don't miss problems and are well advised by an experienced and savvy Realtor, that ability may make the critical difference in you getting that truly great deal. Why? Because the banks (selling in the case of an REO or making the decisions in a short sale) are often known to demand performance of a number of things on unrealistically short notice. And your new lender has a process that isn't easy to shorten up, since they want to ensure that their security (the home they will loan on) is adequate to cover what they have in it. One of those things is insistence that it will "appraise" (i.e., that an appraiser of their choosing will confirm that it is worth what you're paying for it). That is often a sticking point in these transactions. And you will be feeling like the timing just can't work between the demands of the bank on the selling side and the bank you're trying to get a loan from. There's a reason a LOT of these transactions blow up (note also that the Realtor doesn't get paid when an escrow doesn't close).

As to recourse or remedies, you may not have any anyway, at least practically. E.g., nondisclosure of material facts is common and the bank will claim it didn't have knowledge like a seller who lived in the property and experienced the problems. You're an average human, and the bank is the 800 lb. gorilla. Many such things you need to have an expert guide you through. But having the ability to pay cash is a benefit, and not something likely to rob you of remedies.

Speaking of which, be advised that suing inspection companies for negligent inspections is almost always a long shot at best that will cost you significant attorneys fees even to pursue. SO, get a reliable, highly recommended and expert inspector. There is no substitute for your inspectors getting it right.

Good luck and welcome to California!

 
I sit corrected.
Fair enough, sir. The rest of your post hit the mark.
This **** is complicated, ever evolving and I'm sure it's very different from state to state. You couldn't pay me enough to be an escrow officer for any significant time, and there's a reason that attorney malpractice premiums are among the very highest when a significant part of one's practice is in real estate law. Being retired has its benefits, eh?

 
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