Tuesday, December 24, 2013

Information for Buyers about Bank (Foreclosure) Property



When a lender forecloses on a person’s property, a sheriff’s sale will eventually occur. The lender will often bid the outstanding mortgage amount that is still owed by the homeowner at the sheriff’s sale and receive a sheriff’s deed to the property.

Property owned by the lender is referred to as a Real Estate Owned (REO) property. 

Rather than manage and sell the REO property itself, the lender often turns the affairs of the property over to an asset management company, which negotiates the new sale on the lender’s behalf, working through a Wisconsin real estate agent to list and sell the property.

Frequently, neither the lender nor the asset manager is in Wisconsin and they are unfamiliar with Wisconsin real estate forms and laws. They have not seen the property so they are in no position to make meaningful disclosures about the property condition. They do not know whether there are serious defects like frozen/leaking pipes, etc.

REO sales are “as-is, where-is” transactions: the seller (lender) does not make property condition disclosures and often will not make any repairs.

Negotiations to purchase an REO property typically start on the Wisconsin offer to purchase form (required to be used by licensed real estate agents in Wisconsin), but the REO seller (lender) typically has a lengthy REO addendum that they want added to the contract that overrides many of the Wisconsin offer to purchase provisions. 

This REO addendum is written by the lender’s legal counsel, favors them, as the seller, and is often difficult to understand. The REO seller (lender) usually will not allow any changes to this addendum by the buyer.

Because it is not a Wisconsin form, Wisconsin agents cannot explain the meaning and implications of the lender REO addendum provisions to the buyer (to do so would be illegal,) so the buyer is encouraged to speak with an attorney who can interpret the addendum and answer the buyer’s legal questions.

REO sellers and asset managers often respond verbally to offers and will not provide written counter-offers. It is up to the buyer to re-write the offer, based on the verbal terms provided by the lender. Until a purchase contract is in writing and signed by both parties, it is not final and 100% binding under Wisconsin state law.

An asset manager or listing agent may only have the ability to give a conditional acceptance, while final acceptance requires the corporate lender’s approval. Sometimes the lender might change the terms of your offer or even sell to another buyer, while still in negotiations with you.

Many REO sellers also use a title company that is not in Wisconsin and not familiar with Wisconsin law; some also appear to try to short-cut the process (and save money) by providing less coverage and protection than under a traditional Wisconsin title insurance policy. 

There also may have been title errors if short cuts were taken by the lender during the foreclosure process, which may lead to additional risks and expenses for the buyer.

Because of these issues, it’s always a good idea to remember that a property sold by a distant lender or asset manager (REO property) often was acquired through a foreclosure.  REO sellers do not make disclosures about the condition of the property and may include an addendum that minimizes the seller’s responsibility to provide proper proof of title and modifies other contract provisions, which may take away your negotiating advantages as a buyer.

I recommend that you consider the following measures to protect your interest in an REO transaction:

1.       Have your attorney review the offer to purchase; other purchase documents, including any REO addendum; and the title evidence.
2.       Either (a) purchase the loan title insurance commitment for the your lender from a local title insurance company, or (b) purchase your own title insurance commitment (in addition to that provided by the seller) from a local title insurance company to double check the title work (this may involve additional costs). Be sure the local title agent checks all pertinent municipal information including city orders and zoning.
3.       Obtain inspections and tests to determine the property condition.
4.       Take direction from the attorney before closing or providing any closing funds.

Tuesday, December 3, 2013

Things are looking better!

The article below helps illustrates that the market is continuing to turn around. It is a seller's market in many areas of SE Wisconsin and that's the reason it's more important than ever to be represented during the home-buying process.

Click to view the article


Thursday, October 10, 2013

Residency and Real Estate


In January 2014, I’m confident the courts will rule in your favor regarding the residency you deserve. Suffice it to say that the MPA has fought long and hard for this change in law and despite the Mayor’s continued blatant failure to follow the law, you will persevere in the long run. He will be left, once again, licking his wounds, more worried about razing foreclosed properties and going door to door with a ridiculous co-sleeping campaign, than dealing with the real issues that make Milwaukee a safe place to live.

But I digress for a moment…………….

Background and Historical Perspective

For many years, while residency rules were in place, I helped employees from many city departments move their families out of Milwaukee while they maintained a legitimate residence within the city limits proper. Throughout the years, I came to understand personally the issues and potential risks associated with city workers doing this because IT WAS NEVER CLEARLY EXPLAINED BY ANYONE WHAT IT MEANT TO ACTUALLY LIVE IN MILWAUKEE! At that time, there were archaic guidelines from the 80’s and 90’s that were still being used to determine an employee’s primary residence. It was a so-called high stakes “game” that was being played where the rules were set by Internal Affairs and the rules are always changing as they saw fit. It was completely subjective whether or not an employee was living in Milwaukee and THEY DETERMINED if a violation was taking place.

At risk was the employees’ pension. It was not a lifestyle that many city employees wanted to participate in, given this risk, even though many had thought about it and wanted to do it.

After seeing the success and happiness of the families that actually decided to move out, and in following up with the city employees about any regrets or mistakes with their decision, I became one of those employees as well. 

After a few years of contemplating doing it myself and having seen the many other families that had already made the move, along with researching the different communities, my family decided it was time for them to move. 

In July 2002, my family moved out of Milwaukee, while I spent the last 6 years of my career still living Milwaukee. They settled in the Town of Waukesha (excellent schools, country living, low taxes and close enough, yet far enough away) and I settled in around the Serb Hall area.

Given my background in real estate, having helped these aforementioned families and my desire to give my kids a better education, word must have quietly and quickly spread because I had more city employees contacting me than ever before about this whole “moving out of Milwaukee” issue. After hearing what I had to say about the pros and cons, many city workers moved their families out, some did not.

As one city employee put it, I had become the unofficial “underground” move-out-of-Milwaukee expert.

Fast forward to Gov. Walker’s passage of the residency law, and none of these issues and concerns apply to anyone today who wants to make a better life for themselves and their families.

But there are still some important things that need to still be considered if you’re contemplating moving out of Milwaukee.

Considerations

If you’ve been considering or have already decided to move out of Milwaukee, but are waiting until the lawsuit is settled, that’s understandable. But there are things you should consider doing right now that will put you in a position of advantage when it’s time to” make the move.” Before I get into my 3 key points, you must know that outside of Milwaukee proper, real estate didn’t take “as big” a hit in value and currently prices are quickly moving back up and it most areas, it is now a seller’s market. That means that, as a buyer, you will be in somewhat of a disadvantage when it comes to offering a price on a property. Just keep this in mind as you read on!

3 key points

The 1st and best piece of advice I have for you is to get your financing preapproved.

Use a local mortgage company and stay away from the online lenders or those who advertise on TV and who require you to mail away your sensitive documents. Lender preapprovals only last for 90 days, so it may seem a little premature to do so, given the pending lawsuit, however, preapprovals are routinely extended if nothing has changed in your financial life. Not everybody finds a new home in 90 days so having to extend the preapproval is “usual and customary” stuff.

Getting preapproved starts with having your full credit report pulled to make sure nothing appears on it that shouldn’t be and that your scores are where they need to be. The “free” credit reports aren’t going to work in this situation. You should have the credit report pulled from a reputable mortgage company. Believe me when I tell you that these reports are completely different than those “free” ones we all here about. 

With credit report pulled, the preapproval process begins and usually takes less than 2 days to complete. A full loan application is taken; including income and asset verification and all is submitted to the lender. Once preapproved, the lender commits to borrowing you “X” amount of dollars and sets that money aside for 90 days. If you buy within that time period, the money is available to you. If you don’t, the preapproval expires and can be resubmitted WITHOUT A NEW CREDIT REPORT for a fresh 90 preapproval. 

The 2nd thing that should be done is determining how much new home you can afford and where you’d like to live. Obviously, Milwaukee isn’t in the equation for you, thanks to Tom Barrett taxes and failed MPS, among other things.
This is where another conversation needs to take place. There are many factors that need to be taken into consideration. The discussion will include things like: what’s my  time frame, how much house can I really afford, what’s my current house worth, should I sell first and then buy, am I even able to afford a new house, where are the best schools, etc.

Everyone’s situation is personal and these questions and concerns are best addressed during a meeting. During the meeting(s), either in person and on the phone, or both, a plan of action can be developed and put into place. 

Desired communities and neighborhoods will be determined and the likes, needs and desires of the new property should be established. Once complete, any available properties in the MLS (multiple listing service) that meet as many of your requirements as possible will be emailed to you. The MLS system is the system Realtors use to list and find properties. 

Once you’re entered into it, you will receive live updates about new properties that come on the market and/or any price changes. The biggest advantage for you during this step is going to be that you can now begin to effectively monitor and visit different properties in desired communities and get to “know” the nuances of each area and property you look at. It doesn’t hurt to get out there and actually start looking at properties so that you are prepared and educated when it’s time to write an offer.

The 3rd thing that needs your attention depends on whether it’s determined you must sell your existing house in order to buy a new one outside of Milwaukee. Many times, this is the case because most people, including cops, can’t afford both mortgages and even if they could, they don’t have the down payment money needed to buy the new property. Buying in the surrounding counties is NOT at all like buying a home in Milwaukee. There are separate and distinct considerations that must be addressed such as well/septic, surveys, etc.

In cases like these, my recommendation is to hire a full service Realtor at a reduced listing commission. They are hard to find but do exist. I have several reputable agents that I can recommend to help you sell your Milwaukee property.
When it’s time to buy, you should be using the services of an Exclusive Buyer’s Agent. By using 2 different agents, one to sell your Milwaukee property and one to help you with the new property, you avoid the potential conflicts of interest that abound in the real estate world.

This is especially important when you are the buyer, specifically because the market has turned in favor of the sellers, especially outside of the City of Milwaukee. You are going to want to make sure your interests as a buyer are being looked after, especially when the system is designed to protect the seller’s best interests.

Conclusion

So to offer a quick recap: 

1.     While waiting for the lawsuit to be settled, your financing will have been preapproved and waiting in the background.

2.     You’ll have time to research your interested communities even further and will be receiving MLS listings of properties that you can actually look at.

3.     And finally, you’ll have set yourself up with a full service Realtor to list your Milwaukee home when you’re ready to do so and you’ll have a different Realtor, who is an exclusive buyer’s agent, and probably several new properties that you’ll want to look at while the lawsuit is settled. 

Once you decide the time is right for you to buy outside of Milwaukee, by taking these 3 easy steps, you will be in a much better position to get the home that you want on terms that are beneficial to you as a buyer.

Monday, September 16, 2013

Act 25: Seller Authorization Required for Municipal Utility Information

Recently, state law changed how a municipal utility can provide a customer's account information.

This will change how seller's and their agents and title companies conduct business on the seller's side of a purchase transaction.

As Exclusive Buyer's Agents, we are aware of this change and will make sure that the listing agent and their title company are on top of this issue as well, thus avoiding any delays in receiving title for you , the buyer.

Read this link to get more information regarding this important topic. It was well written by staff attorney Cori Lamont of the Wisconsin Realtors Association.

Saturday, September 14, 2013

Welcome to our Blog

Welcome to our Blog!

We plan to post valuable information for those of you looking and interested in buying a new home. We hope you find the information valuable and encourage you to contact us with any questions.

Thanks much,

Greg & Dee Szablewski
"Exclusive" Buyer's Agents
www.representingthebuyer.com