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Buying a Bank Foreclosure Home

There are three ways you can purchase a bank foreclosure home during the foreclosure process. When a borrower defaults on a mortgage loan, he or she may try to sell the home before it’s actually foreclosed. If this doesn’t work, the bank will attempt to auction the home. The opening bid at the foreclosure auction is usually the unpaid balance of the loan, plus other costs, which tends to price the bank foreclosure property above its actual value. Because of this, these foreclosure auctions are commonly unsuccessful. And when the foreclosure home isn’t auctioned off, the bank becomes the legal owner of the property and puts it on the market. Now real estate owned (REO), the bank foreclosure property is an easier, simpler investment: it’s unoccupied, its title is clear, and the mortgage lender has likely paid any overdue taxes. So while typically REOs sell only for about 5-15% below market value, your small discount is enhanced by the ease and relative simplicity of your investment.

Evaluate the Bank Foreclosure Property

One of the benefits of investing in REOs is that you have a chance to really inspect the bank foreclosure property, which foreclosure auctions do not allow and pre-foreclosure deals’ time constraints make unlikely. Even if you don’t attend a professional inspection of the bank foreclosure property, make an appointment with the bank’s real estate broker and check out the bank foreclosure property yourself. A walk around the property is obviously the only way you can see if you’re really interested in investing in the bank foreclosure home. As you’re examining the bank foreclosure home, make notes of any necessary repairs – you’ll want to factor these into your offer for the home. Also, jot down any items you’d like the bank to remove, including any fixtures. When you’re negotiating the purchase and sale agreement, you’ll want it to clearly state that these items are to be removed. Similarly, if there are any fixtures or other items you really want to keep, you should state that in the purchase and sale agreement as well.

Find a Good Real Estate Agent

You can purchase a bank foreclosure property without a real estate broker acting as your representative, but unless you’re already experienced in foreclosure home investments, it’s a good idea to find an agent skilled in REOs. A good real estate broker will help you decide on a realistic offer, taking into consideration necessary repairs, the down payment, financing, and closing costs. A real estate agent familiar with and skilled in bank foreclosures will help you get the best deal possible, as banks – contrary to urban myth – are not looking to practically give away these foreclosure properties. A bank’s financial goal with any foreclosure property is to recover money lost on the defaulted mortgage, including the unpaid balance of the loan, taxes paid on behalf of the homeowner, court costs, attorneys’ fees, etc.

Making an Offer

Once you’ve decided on a realistic offer, you’ll submit a written offer for the bank foreclosure home. If you’re working with a real estate agent, they should be able to draft your purchase and sale agreement (often called “earnest money agreement”), which includes:
• Condition and warranties of title
• Conditions of the property
• Your desired purchase price
• Your down payment terms
• Your financing arrangement
• Specification of who bears cost for transfer fees, closing fees, etc.
• Your “earnest money” or deposit information
• Items or fixtures you’d like to keep or have removed
• Your desired closing date
• Conditions under which this agreement may be canceled

Closing the Deal

If your initial offer is rejected, it’s not necessarily the end – as in any other sale, first offers often receive counter-offers, and negotiations can continue until you and the bank reach an agreement. Once you and the bank have reached an agreement on the bank foreclosure property, you’ll both sign a final draft of your purchase and sale agreement. Once this document is signed by both parties, it becomes a legally binding contract.
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