Understanding Forclosure

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Understanding Foreclosures  

Property sold “AS IS”… what you see is what you get, what you don’t see you get that too. Always recommend a home inspection. A home warranty may be purchased by agents, seller or buyer. $349 - $499  
Contract Addendums - Seller will have addendums that will need to be part of the GAR Purchase And Sales Agreement.  Ask for them up front.  
Earnest Money - Ask listing agent for requirements on earnest money. Most likely the check will be held by listing company and has a minimum dollar requirement.  
Lender - Buyer must be pre-qualified prior to offer and a letter from lender attached to offer.  
Warranty - Seller gives Limited Warranty at closing.    Recommend title insurance.  
Closing Cost - If seller is paying any closing, verify with listing agent approved closing cost items that seller will pay.  Not all closing cost items are paid.  
Repair Escrow – Sometimes seller will agree to give money back to buyer for repairs required by lender to be completed after closing or finance into loan (Maximum $5,000).  Money will be held in escrow by the closing attorney.  Lender will collect additional fees for this service to include a 1% of repair amount for overage, $250 administration fee, $125 re-inspection fee.  These fees must be collected at time of closing.   
Termite Letter - All lenders require a termite letter at closing.  Be sure to ask seller to provide one.  Usually this cost is $75.00 for report and $500-1,000 for termite treatment.  Unless you ask for this report and treatment, if needed from seller in initial offer, the buyer will be responsible and required to provide prior to closing to meet lender requirements at their expense.  
Best And Final Offer- Sometimes multiple offers arrive on the same property.  The listing agent will notify each selling agent to submit a “Best And Final” offer.  At this time, the buyer will have an opportunity to revise their offer. The seller will accept or counter one (1) offer at a time, usually the highest net to them.   If your buyer really wants the property they will need to be aggressive in price and concessions.  
Property Condition - Some properties only qualify for conventional financing or all cash due to the livable condition of property.  When previewing property pay attention to the condition. A list of property conditions are listed below.  
100% Financing - Some sellers (banks, mortgage companies, various lending institutions) may or may not work with FHA and/or 100% financing. It is best to ask listing agent upfront when inquiring the availability of property.  
FHA Financing – Lender requires Septic Tank and Well Certification from a licensed contractor.  Average Cost $125 - $300 per inspection.  Be sure to request seller to pay and provide in initial offer.  
FHA Lender Fees – Approximately $750 can only be paid by seller or agents.  Buyer can not pay. These are part of closing cost and noted on the FHA Exhibit –  
Closing – Closing documents must be at the attorneys’ office 3 days in advance of set closing date.  Seller will choose closing attorney in most cases.  Stay on top of your lender or the next paragraph will apply.  
Extensions – require prior notice (5 days in advance of expiration) and cost approximately $10.00 - $100.00 per day.  Be sure to read the addendums for exact notice requirements and cost.  

Property Conditions  

Some FHA/HUD Appraisal Requirements  

Well inspection & water test certification (cost)
Septic tank inspection and certification (cost)
Termite Letter – No active infestation and no earth to wood contact  (cost)
Screens on all windows
All windows should open and close
Raining on any kind of porch
Steps and stoops for all external doors
No current roof leaks
Hot water
Secured roof shingles
Garage door reverse properly
No exterior rotten wood
No standing water in basement or crawl space
All electrical outlets working
No exposed electrical wiring
Power lines fall distance
No damaged internal walls
No severe soiled carpet
Appliances – stove, dishwasher, heating & AC, hot water heater in working order
Downspouts should have plates directing water away from home
If home has evidence of water/moisture problems, gutters and/or landscaping may be required.

Check List:  

Purchase And Sales Agreement
Seller Addendums
Earnest Money Check – Made out to the Listing Company
Pre-qualified letter from Lender
100% Financing – All Gift & Program Forms 
FHA Addendum

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Last modified: January 10, 2006