Buying Properties in Default
Part 1, Part 2

IThis information is based on Nevada law and may differ in other States. Dealing with troubled Real Estate can be demanding, profitable, risky and rewarding. Someone thinking about Buying a distressed property or Selling their home that is or is going into Default should be fully prepared and knowledgeable into the positives and negatives of their decisions. You should have, at a minimum, the assistance and guidance of a professional Realtor that has experience in dealing with properties in this type of situation. The potential for realizing a significant profit is very good in downward or upward markets as long as you have a knowledgeable Realtor assisting you or you have the appropriate knowledge and expertise to be able to weave through all the potential problems that can and usually do arise in this type of transaction. The advantages to buying properties from homeowners in default can only be measured by the individual investor. Some do not see enough reward, some think it's too risky, while others are plagued by moral issues. Are you helping the troubled homeowner or taking advantage of his misfortune? The advantage to a homeowner to sell their property prior to losing it at auction is significant and can sometimes be the difference between having to rent for the next 5 years or so, or be able to purchase another home within a short while if not immediately. Both the lender and the homeowner can lose in a foreclosure action. Neither want it to happen and the focus must be toward a Win/Win situation for all parties involved. Both parties must be motivated to resolve the situation and is the main key to the process.

The first public investing window of opportunity opens the day the Notice of Default or Breach is filed. This lets the homeowner and the general public know that the homeowner has Defaulted or Breached the terms of their Mortgage and needs to make good on the loan, by bringing it current or paying it off completely. The window closes the day the property is sold at auction. The time between these two events enables an investor to work with the homeowner and lender to create a workout strategy or a purchase of the property from the homeowner before the sale date.

The amount of time the window remains open depends solely on state and local laws, as well as the behavior of the property owner. The behavior of the property owner with the Bank is one of the most influential items in just how the Bank is going to deal with the current property owner. Several options are available from the Bank to homeowners such as modifying the current loan, foregoing past payments, adjusting interest rates and payment amounts. Maintaining an open line of communication between the homeowner and Bank can be difficult at times and it usually is best to utilize one of the newest emerging specialties the Loss Mitigation Consultant. The Loss Mitigation Consultant is a third party that helps bridge the gap between the homeowner and bank. They can assist in preparing and analyzing which options are truly best for all parties involved and can be the key to a homeowner selling the property and saving their credit rating. Nevada sells properties within 90-120 days from the first notice of default.

As for the moral question, keep in mind that by dealing with a homeowner in default, you not only help him, you generally rescue the loan and maintain the value of the property (and surrounding properties) as well. If there is enough equity in the property, there is the potential to work out an arrangement that satisfies all parties and allows for a handsome profit. That's what pre-foreclosure investing is all about: buying the equity in the property, working out an arrangement with the lender and the homeowner, then selling the property for a profit.

Following theses basic guidelines should ensure a successful purchase and sale:

1. Locate loans in default
2. Evaluate choices and narrow selections
3. Contact homeowner
4. Inspect property and loan documents
5. Determine homeowner's needs
6. Calculate your selling price and profits
7. Negotiate with lender, owner and lien holders
8. Close the deal
9. Repair as necessary and sell

Buying Properties in Default

Part 2, Part 1

Locating Loans in Default

The Notice of Default or Breach is the first public notice (document) that announces a loan in default, so it makes sense to start there. Access these notices at the county courthouse, newspapers that routinely advertise these notices or through a reputable Foreclosure Service Provider. We Get Them DAILY !!

Evaluate Selections & Determine Potential

You know the default amount from the legal notices or service provider's information. Now you must estimate the property's market value. Subtract the default amount from the estimated market value to determine the gross equity in the property. This figure also reflects your gross profit potential. If there is little or no difference in the amount of debt and the market value, move on to another property. If there is a big difference, there may be enough equity in the property to make a sizable profit.

Contact the Homeowner

This is easier said then done. The homeowner is probably being bombarded with letters and calls from attorneys and bill collectors and has creditors showing up at his door. The only way to contact the homeowner is by phone, mail or in person, and chances are it will be difficult getting in touch with him.

Start with mailings. Indicate in a letter that your a private investor looking for property in that part of town. Let the property owner know that you may be able to help him with his financial problems.

Demonstrating an understanding to the homeowner's dilemma will help your efforts. Indicate in your letter that you may be able to stop the foreclosure, save his credit rating and provide cash for use in paying his bills and/or for relocating.

Invite the homeowner to call at his convenience. If you don't hear from him in a reasonable amount of time, say three or four days, follow up with another letter, perhaps worded a bit more urgently. As you get closer to the auction date you may need to send two or more letters per month.

Follow up with phone calls. Be courteous, never pushy. Never interview the owner on the phone. State that in order to determine whether or not you can help him, you will need to meet with him at the property. Make sure he understands that the meeting will be more productive and less time consuming if he will have the loan, mortgage and insurance documents available, as well as the foreclosure notices.

If you are going to make an offer on the property, you must have the loan, ownership, and debt or lien information. You must also assess the condition of the property and the property owner. Combined with the market value and the default amount, you have all the ingredients necessary to formulate your offer.

If you feel comfortable with it, you can visit the property in person. You may be confronted by an angry homeowner. Be polite and leave if you are asked to. Never, under any circumstance, snoop around, inspect or generally trespass unlawfully on somebody's property.

A special note in contacting the Homeowner. This is usually an emotional time for the homeowner and more than likely significant outside forces have placed him into this situation. A significant number of homeowners in this situation will use denial as a coping method. Be sympathetic but also firm in that the outcome of the situation will be worsened should they not deal with it head on and be proactive. "No one is going to be coming down the street and just pay off your loan so you can stay here for free. "Wouldn't you prefer having money in your pocket and time to find another place to live, over being evicted by the police and not having any time or money to find another place to live?"

Meeting the Homeowner

Use common sense and dress appropriately, something casual but not sloppy. Be sympathetic. Does the homeowner need cash? Is he waiting for a bailout? Will he go bankrupt? Find out. Review the loan and mortgage documents. Verify the loan amount, monthly payments, interest rates, taxes, etc. Review the insurance policies as well. Get all the pertinent information you can. Ask the owner if there are any other liens or judgments he may be aware of.

Inspect the property with the homeowner. Never comment on the owners lifestyle, just the physical condition of the property. Point out the obvious defects or items in need of major repair. Use an inspection checklist and record your information and estimated costs of repair.

Make no promises at this point. Make no offer or give the homeowner any money. Make an appointment to meet with him again if you think you want the property.

Preparing Your Offer

Determine the net equity in the property. This is the difference between the market value and the default amount plus liens and repair amounts. Negotiate with the lien holder. You may offer to satisfy the lien for 20% of the amount. Chances are the lien holder will lose everything when the property sells at auction. Buying out the lien puts more equity in the property and more money in your pocket.

Remember to include closing costs in your calculations for the purchase and sale if you intend to flip the property. Also included the carrying costs, the mortgage payments and taxes and insurance, while you hold, repair, and then resell. Also include a seller's commission if you use a broker. Calculate every legitimate expense associated with buying, repairing, carrying and selling the property. If a large enough figure remains, you may have a very nice deal. This bottom line figure has to pay the homeowner for his property and produce a profit for you.

How much do you offer the homeowner? Some investors itemize every expense, show their calculations to the owner and offer to split the profits. Some itemize the expenses and pay the owner the remainder on the bottom line. The investor then earns his profits by the reduction in lien amounts as negotiated, savings in repairs by doing them himself, negotiating a lower seller's commission, or selling the property himself. Others still make offers based on the bottom line, and negotiate from there.

The Purchase Contract

When the owner decides to sell, you will both need to sign an Equity Purchase or Real Estate Purchase and Sale Agreement. All parties recognized in the mortgage contract must sign.

Check with your attorney before signing any contract and make sure he is knowledgeable in real estate equity purchases.

Investing experts agree that the terms of the agreement must be clearly stated in the contract. Leave nothing to verbal understandings. Your best defense against future problems is the manner in which you present your evidence. Have everything documented properly. This is probably one of the main reasons to use a Realtor to write up the offer. The cost is insignificant when you compare it to the overall cost of the property and your potential loss or gain.

The following clauses should be included in your purchase agreement:

A "Subject to" clause that allows you to bow out of the deal if something is not as originally agreed upon. This could be for unknown damages, general condition of the property or loans, termite damage, etc.

A statement that allows you to show the property.

A statement indicating that the property has to appraise at a certain value.

The property must be vacant, all tenants and possessions out by the specified date.

An agreement between buyer and seller that the payments for the current loans equal "X."

A statement indicating the sale is subject to the condition of the loan and/or encumbrances against the title.

A statement indicating the buyer shall pay all closing costs.

A statement indicating the seller shall: Deed the property to the buyer... Authorize the buyer to record said deed at the appropriate time... Be aware that the buyer may resell the property... Be aware that the purchase price may be below market value... Leave the premises in good condition and pay for damages incurred after the contract has been signed and before the seller has left... Agree to pay for any damages or repairs necessary as discovered by termite and roof inspections... Vacate the premises on the date specified.

A statement indicating all net proceeds paid to seller will be paid at closing

A Realtor that specializes in pre-foreclosures should have most of these clauses included into their Real Estate Purchase Agreement, along with all the other forms that may be required by State law.