Buying Homes in NOD or piror to Trustee Sale Dates

Buying Homes in NOD or piror to Trustee Sale Dates

Chino Hills, CA 路 Member since 2017 路 2 posts 路 0 votes

Ok everyone so I have some questions regarding approaching individuals in the pre-foreclosure (NOD) or (NTS) stages. I've been in mortgage banking for quite some time now and have many past clients who have had their friends or relatives reach out to me for help. Some of these homeowners had a lot of equity in their homes, but couldn't refinance because they were in default and as many of you know, guidelines are not that friendly when you've been so far behind on your payments. The alternative was then hard money or alt programs, but then again, these loans are usually unaffordable on a long-term basis. Another option is applying for a loan modification, however, some of them are self-employed and can't qualify, so the only other option would be to sell their homes. Since I've currently been exploring Real Estate investing how would some of you handle these potential prospects? I certainly don't want to take advantage of the situation, however, if there is an ethical approach to help them and allow the opportunity for me to invest, I would love to hear from the community. In the past, I just referred them to an agent who would attempt to get a listing period (holding off on foreclosure) from the lender and try to sell the home at present market value. Some of these homeowners let the homes go to trustee sale and sell for less than the value, but still above the default amount creating an overage for the homeowner, however, what if this could have been avoided or approached differently. I feel if there was a way that I could invest, if the property is right and also help them avoid a foreclosure, it could be a win win for everyone involved. Some of these appeared like they could have been great opportunities to flip. How do you determine what a fair price would be to purchase the home from the homeowner in distress, but still leave some room for profit. I would just hate to have anything come back legally for taking advantage of the equity because the homeowner was in a vulnerable position.

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Investor 路 San Jose, CA 路 Member since 2012 路 2k+ posts 路 3k+ votes
9y

@Joel Mallo,

I've done this. You have two options.

1) Get your real estate license and help the owners to sell the property for the maximum value the market is willing to pay and collect your commissions. They're quite sizable where I live.

2) Get investors to back you up with the funds and agree to buy the property from the owner at 80% FMV less repairs if the property fails to sell in 30 days for whatever the price you and the owner agreed. The investor can buy it from the owner, put lipstick on it and then flip it. These investors can be found at the courthouse steps.

In all cases, I was able to help the owners sold their home on the open market, and they walked away with the most amount of money. Your heart has to be in the right place, which is to help others. The fact that I didn't need the money to live on at the time so my intention was genuine. Some sellers thought I was a saint. Some even cried with joy when the transaction closed. It was one of those feelings of satisfaction to be able to help others I'll tell you that.

If you help others get what they want, you'll get everything you've ever wanted. I was also a trustee sale buyer at the court house steps at the time too so I was able to explain the foreclosure process fluently with the homeowners. I've moved on to different pasture at this point so I'm just sharing my previous life's experience.

Best of luck.

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  • Investor 路 Los Angeles, CA 路 Member since 2012 路 1k+ posts 路 500 votes
    9y
    It's all about disclosure and the homeowners goals. Some of these may be able to be structured as win-wins. These sensitive situations are usually case by case in my experience. Feel free to reach out, I primarily deal with distressed borrowers and assets.
  • Chino Hills, CA 路 Member since 2017 路 2 posts 路 0 votes
    9y

    So here's a good example. Yesterday a property sold for $853,000 at a Trustee sale (winning bid). The original published bid when the NTS was filed was $874,264. The auction opened up with an opening bid of $608,074 eventually with the final bid ending at $853,000. Based on the research I performed on this property, it appeared to be worth anywhere between $1.1 million - 1.3 million, not factoring any sort of work that might need to be done to the home. This homeowner could have easily netted some sort of profit had he sold it prior to the auction or to an investor. How would this deal be handled if the homeowner was willing to work with you? What would be a fair offer? I've read stories where a homeowner can attempt to come back legally if you take the majority of the equity. I'm trying to really understand the correct way of handling this, should I find myself in a position to negotiate one of these transactions. 

  • Investor 路 San Jose, CA 路 Member since 2012 路 2k+ posts 路 3k+ votes
    9y

    @Joel Mallo,

    I've done this. You have two options.

    1) Get your real estate license and help the owners to sell the property for the maximum value the market is willing to pay and collect your commissions. They're quite sizable where I live.

    2) Get investors to back you up with the funds and agree to buy the property from the owner at 80% FMV less repairs if the property fails to sell in 30 days for whatever the price you and the owner agreed. The investor can buy it from the owner, put lipstick on it and then flip it. These investors can be found at the courthouse steps.

    In all cases, I was able to help the owners sold their home on the open market, and they walked away with the most amount of money. Your heart has to be in the right place, which is to help others. The fact that I didn't need the money to live on at the time so my intention was genuine. Some sellers thought I was a saint. Some even cried with joy when the transaction closed. It was one of those feelings of satisfaction to be able to help others I'll tell you that.

    If you help others get what they want, you'll get everything you've ever wanted. I was also a trustee sale buyer at the court house steps at the time too so I was able to explain the foreclosure process fluently with the homeowners. I've moved on to different pasture at this point so I'm just sharing my previous life's experience.

    Best of luck.

  • Investor 路 Las Vegas, NV 路 Member since 2016 路 56 posts 路 10 votes
    9y

    @Joel Mallo 

    I'm curious which stories you're referring to about sellers coming back to legally pursue investors. But I'd recommend one simple solution - completely honest purchase agreements. It takes some tweaking but Michael Quarels uses a custom-made purchase agreement that he walks each seller through step-by-step. Among other things, the agreement flat out tells the seller that the buyer intends to resell the property for a profit. 

    Negotiations are a key tool too, however I have yet to meet one seller in pre-foreclosure who wasn't suffering from some sort of denial. So the paperwork is a great way to cover your back. 

  • Real Estate Agent 路 Oakland, CA 路 Member since 2016 路 123 posts 路 77 votes
    9y

    @Joel Mallo, as everyone above has said, it depends on what the homeowner needs/wants. And we are transparent about what we plan to do with the property. We walk in with the intent to acquire the property at 75% ARV minus repairs, and some homeowners want almost all of the equity to walk away with. Others have tons of equity and just want to get out asap. Before putting ANY number on the table, I ask what them what they need to walk away with. If we can still make it work after doing a subject to (or, if the property doesn't need extensive repairs), we don't necessarily follow our 75% of ARV rule. Yes, some homeowners might walk away with more money if the home was listed on the MLS, but I've see too many homes still go to auction after listing with a realtor; the bank does not necessarily push back the auction date because the house is listed on the MLS. AND I've tried to reach out to the listing agents of some of these properties, but they often say "oh, I already have a buyer" or won't get back to me after our initial conversation. And then the house goes to auction. If you're the realtor who is listing the property, the idea @Account Closed

  • Investor 路 Los Angeles, CA 路 Member since 2012 路 1k+ posts 路 500 votes
    9y

    @Katie P. If they are in the position to receive surplus funds, the owner would receive all surplus funds due to them.

    Most homeowners will hire an attorney or 3rd party to recoup the fee's and they will take a % of the surplus funds.

    Many homeowners don't know that this is an option and I'm sure claimants have left money on the wayside in the past.

    The reinstatement amount is generally not important in these type of situations if a homeowner is foreclosed on, but to answer your question iit does include all fee's needed to catch up a loan, late fee's, interest, foreclosure fee's, missed mortgage payments, etc. The reinstatement amount is a portion of the payoff on the account which the payoff is the important figure. The payoff amount(s) and positions of all liens on title and what the home sold for at auction is what needs to be reviewed. 

    This side of the business is niche and at least in LA, has adequate competition.

  • Jay HinrichsBusiness Member
    Real Estate Consultant 路 Summerlin, NV 路 Member since 2014 路 45k+ posts 路 66k+ votes
    9y

    H/o @Katie P. Gets Everything over opening bid as long as there are no junior loans.  So if it was just a first they get the entire 100k 

  • Real Estate Agent 路 Oakland, CA 路 Member since 2016 路 123 posts 路 77 votes
    9y

    Thank you, @Brett Goldsmith and @Jay HinrichsGuess the H/O cared more about having more cash in hand than the foreclosure being on his/her record. Still curious about these third party/attorney fees to see what % they take. Sounds like motivation for them to encourage the H/O to go to auction.

  • Jay HinrichsBusiness Member
    Real Estate Consultant 路 Summerlin, NV 路 Member since 2014 路 45k+ posts 路 66k+ votes
    9y

    @Katie P. At that point 馃挵 is far more important than Rick score

  • Investor 路 Los Angeles, CA 路 Member since 2012 路 1k+ posts 路 500 votes
    9y

    @Katie P. I have yet to meet a homeowner who thought going to auction was a better move or who was motivated so they could try to collect more on surplus funds than selling. This would be horrible logic and likely a terrible financial decision. 

    First, most homeowners don't know that they will even recoup funds. Secondly, the attorney or third party may take a large chunk of it 10-30% ( it varies ). Also, everyday the foreclosure prolongs the balance increases. Finally, the property may sell for significantly less at auction then it would on the open market, NET'ing the seller less money and significantly more heartache in trying to claim the funds then simply selling.

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