Buy a home from a person that's letting it go into foreclosure?

Buy a home from a person that's letting it go into foreclosure?

Rental Property Investor · Richmond, VA · Member since 2014 · 58 posts · 13 votes

Hi BP - wanted to hear some thoughts from everyone's creative minds on this: I am in the Richmond VA market and one of my off market leads is a person who is letting a home go into foreclosure. She basically said she would "sell" me the house at cost where she doesn't have to put any more money into it (making any more mortgage payments, closing costs, etc). She already began the default process and haven't paid the last couple mortgage payments. The only thing the seller said she is willing to do is to get on the phone with the bank and authorize me (or just conference call the bank) to discuss loan condition to sell me the house.

Now the loan balance is around 60k and likely plus a couple of penalty charges. Houses in the same condition in the same neighborhood were sold for around 60k and were off market transactions as well, most likely bought by investors. ARV could be in good 100k+ if done right and rent for 1000-1200.

My question is has anyone done this type of negotiation before with the seller's bank?  Is there any incentive for the bank to settle for much less than the balance to transfer title to direct buyer (assuming it costs them certain amount of money to foreclose)?  If so realistically how much less would they settle for?

Definitely open to hear if you have actual experience on negotiating with the seller's mortgage provider/bank as a buyer on a scenario like this. Also, please DO NOT worry about the seller's situation to comment on it; she does NOT care to do anything else, including short sale, other than just letting the house go foreclosed. More curious about what I can/can't do or should/shouldn't do in this scenario.  Any creative minds have done this before?

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
8y

Without the borrower willing to participate in a short sale, you have No chance of getting a reduced pay off, assuming this is a traditional lender/mtg.

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  • Anthony McEvoyPro Member
    Investor · Champaign, IL · Member since 2018 · 160 posts · 114 votes
    8y

    Wei - Every bank is different.  It depends on how big the bank is and how many other properties they are dealing with.  If she owes $60k, then the bank is going to try and cover that.  Theoretically, yes, it would cost them more to continue the foreclosure process.  However, before you get too far, you should make sure no one else has liened  the property.  Is the homeowner up to date with property taxes?  Otherwise, you will be on the hook for clearing those debts up, too.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    8y

    Without the borrower willing to participate in a short sale, you have No chance of getting a reduced pay off, assuming this is a traditional lender/mtg.

  • Real Estate Broker · Jacksonville FL & Middletown, CT · Member since 2008 · 1k+ posts · 632 votes
    8y

    As usual - I agree with Wayne...a LOT of cooperation is needed from the seller to make a short sale work, including lots and lots of her financial documents, continued updates to such, her listing the home, making the home available for BPOs,  signing lots of agreements, coordinating closing, possibly her being asked for a contribution if she has assets, etc etc.... If all she is willing to do is authorize you on the account, she is not motivated at all and you are wasting your time. Move on.

  • Investor · Los Angeles, CA · Member since 2012 · 1k+ posts · 500 votes
    8y

    Can't do anything without borrower and owner cooperation. 

  • Rental Property Investor · Richmond, VA · Member since 2014 · 58 posts · 13 votes
    8y

    Thanks folks for the input!

    @Anthony McEvoy I believe the bank is a big bank at first but sold the mortgage to a smaller loan servicing company.  And you're right on, I spoke with my closing agent and that was one of the first things mentioned which is all other possible judgement against her, given her situation.   

    @Wayne Brooks and @Minna Reid , that is kind of what I am getting. Short sale is definitely out of the question and I know that was one way to possibly settle for a lower payoff.

    Sounds like the verdict is to move on from trying to negotiate with the bank and just see if the numbers makes sense after the payoff and clear title.  Thanks folks!

  • Anthony McEvoyPro Member
    Investor · Champaign, IL · Member since 2018 · 160 posts · 114 votes
    8y

    @Wei Huang If you know what bank it is, see if you can find out when their fiscal year ends.  When I bought my primary residence (short sale), I placed my bid in October.  The bank came back that we had to close in 30 days.  Luckily, I went in low enough where I easily had the funds available.  I asked my realtor why they demand a quick close... the bank wanted it off their books by the end of the year.  It was a coincidence that I found the house late in the year.

    Keep your eye on it as the year is coming to a close if the bank's fiscal year aligns with the calendar year and they are looking to get rid of bad debt.  Also, it really only comes into play if/when the bank completely takes the house back over.

  • Rental Property Investor · Richmond, VA · Member since 2014 · 58 posts · 13 votes
    8y

    @Anthony McEvoy wow, that's an interesting thought.  I am told the process for foreclosure is much faster now but your point got me thinking a few things: if I walk away from trying to get the property from the seller directly and let the foreclosure process kick in, I wonder if anywhere in that foreclosure process I can place a bid before it goes on market? Sounded like you had a realtor and was looking at the property as "on market" with the short sale in progress. 

  • Investor · Boca Raton, FL · Member since 2012 · 1k+ posts · 1k+ votes
    8y
    Originally posted by @Wei Huang:

    @Anthony McEvoy wow, that's an interesting thought.  I am told the process for foreclosure is much faster now but your point got me thinking a few things: if I walk away from trying to get the property from the seller directly and let the foreclosure process kick in, I wonder if anywhere in that foreclosure process I can place a bid before it goes on market? Sounded like you had a realtor and was looking at the property as "on market" with the short sale in progress. 

     If it's a smaller bank/lender, they MAY be willing to work with you and sell you the note, you could then work with her to get a Deed in Lieu on a Cash For Keys deal.   However as mentioned above, if there are substantial liens against the property then would not make the transaction worthwhile as you'd either have to pay them off OR take it to foreclosure yourself to get them wiped off

  • Anthony McEvoyPro Member
    Investor · Champaign, IL · Member since 2018 · 160 posts · 114 votes
    8y
    @Wei Huang that's correct... it was on the MLS. Right placs, right time. A sense financial institutions work with a select few realtors in the areas/regions they lend in. See if you can find out who that is. Homepath (Fannie Mae) is that way.
  • Rental Property Investor · Richmond, VA · Member since 2014 · 58 posts · 13 votes
    8y

    Thanks @Chad U. and @Anthony McEvoy, got some verification in progress now. We'll see what we're up against here.

  • Anthony McEvoyPro Member
    Investor · Champaign, IL · Member since 2018 · 160 posts · 114 votes
    8y

    @Wei Huang - keep us posted... I am curious to know!

  • Real Estate Agent · Richmond, VA · Member since 2014 · 158 posts · 64 votes
    8y

    @Wei Huang, how's it going with this (possible) transaction now?

  • Rental Property Investor · Richmond, VA · Member since 2014 · 58 posts · 13 votes
    8y
    @Anthony McEvoy @Daniel Harnsberger, still TBD, will provide an update soon!
  • Rental Property Investor · Richmond, VA · Member since 2014 · 58 posts · 13 votes
    7y

    Btw folks! to provide an update (I had it for awhile just forgot to provide it), the title search came back way too out of hand where there wasn't any room to work around it... verified it with my title search person and closing agent, it was not doable.  Also, PM me if anyone wants to hear a bit more about the story... let me just say make sure you always do your due diligence before you make bold moves! 

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