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It is not easy to close a transaction, and an REO is no exception. In my area we do not have a lot of bank owned properties for sale. Even in 2009, when San Jose had a good number, the northern part of Santa Clara County had very few foreclosed homes as a percentage of listings, and newer, nice homes were even harder to find. In 2010 the REO inventory has been few and far between, so when a 4 year old home in the western part of Sunnyvale came on the market I had a buyer who jumped on it right away, and managed to get his offer accepted in a multiple offer situation. The home was foreclosed by Chase, and they wanted a pre-approval from Chase, so the listing agent told everyone to go through Long Nguyen, a very nice and competent loan officer from Willow Glen. My client was very impressed with Long, and decided to use him to get the loan for the property, not just for the pre-approval. Well, nothing was particularly easy. The appraiser took 14 days to submit her report, and on a 17 day contingency that does not work out too well. The underwriter also declared the property a second home instead of a primary residence, so that took time to fix. Last week it was apparent that not only would we not meet the contingency removal deadline, but the closing date was also not going to be possible. Long tried to pull strings and got his wrist slapped, but kept persevering. My client was a little perplexed about how innefficient everything was, but did not blow a gasket. In the middle of a bad conversation about things not going right I stopped and thanked Long for doing so a great job and working so hard for us. He acted as if I had just handed him a million dollars. I guess a thank-you goes a long way, especially in these tense times.

The great news is that loan docs were finally drawn, my client signed today, and hopefully we close by Wed, only 2 days late. Chase gets their money and a new loan, my buyer gets a 4 year new home with great schools and only a little cosmetic damage, Long, the listing agent and I get our commission, and no one was yelled at, belittled, or made to feel like they were not wroking as hard as possible. It really makes for a more pleasant transaction if you just say a few thank-yous.

To all Broker and Agents;

Due to the foreclosure processing problems being addressed by XYZ, we have been advised not to list any assets or accept any offers until this is resolved.

In the interim, Agents are still responsible for managing and marketing the assets per the listing agreement.

MLS rules may require that you change the status in the MLS to “temporarily off market”. Please follow the MLS rules.

Even if an asset is under contract, we are in a holding pattern until XYZ gives further guidance.

Keep your asset manager advised if you encounter problems.

We will keep you updated on any status changes.

Thank you for your cooperation.

Anyone else get similar correspondance?

Well it seems that now some of the big banks are freezing foreclosure procedures due to their inavility to comply with local laws and regulations that protect the home owners or delay the foreclosure procedures, it seems that some lenders have rush the foreclosure procedures and broke the laws. First started wtih GMAC, then Chase, now Bank of America.

There are several issues with this new moratorium, first there will be more banks adding to this list, and this mess might not be sorted out until March or May of next year, that might be done on purpose because the GSE are pushing for the lender to take action on the late loans, see the news on Wells Fargo last week. http://www.dsnews.com/articles/wells-fargo-puts-stop-to-short-sale-extensions-2010-10-01. Also the OCC ordered the Largest Servicers to review their foreclosure process. This might not affect us because they are liquidating their inventory little by little to avoid a really hard crash and decline of propery values, lets face it, with low prices, low interest and no one is buying, it is hard to say if it is because they are not lending or because there is very little confidence from buyers, but also at the end of the day we all need shelter, so it makes sense to purchase now, and I have seen several potential buyer not been able to qualify for a home mortgage loan.

The other problem I see is the rumble from lawyers and previouse owners, who will try to sue the lenders for not been in compliance with the federal and local laws and regulations of the foreclosure procedures, etc. I did a cash for key on Saturday, and the borrower just kept asking me if my client was following the right procedures, if they were going to join Bank of America and Chase with this issue, etc.

It is going to be interesting to follow this new moratorium, because of the political impact and the possible impact it might have in the business. I think if the foreclosure process was not done correctly, then what would they do, if the house is already sold, can the courts reverse the sales, etc, then we will have the issue of the current owner. Most likely this would be ratified with money, how much? morally the prevoius borrower was in default, but I am sure there could be damages, etc. Would the courts and the credit bureus wipe out the "Foreclosure" from their records so maybe if their finances have change they can get a loan, would the lender try to work something where they can put the previous owner with a new loan or similar loan to the previuos one in one of their houses.

As REO agents I think is important for us to do as many Cash for Keys as possible, this way the previous owner has agreed to relinquish his/her home to the bank, but I am sure there are some loopholes there too. Well maybe the new assignments from the bank would be more like deed in lieu with a lot of legal terms to protect the bank, and I hope we can have the right documents to protect ourselves just in case,

FHA Financing Now Available For REO Properties

The Rental Sector Is Looking Up

Don't Steal My Photos Man!

Those who have worked with me any amount of time know one of my biggest pet peeves....... DO NOT STEAL MY PHOTOS FOR YOUR LISTING!

As a easier way to keep up with my local market, I have myself set up in the MLS's to get daily updates of new listing as they come on the market, like all good agents should, right? This morning I get my usual 5 or 6 emails from the MLS on new listings and one of them has one of my old REO listings that expired in June that was just re-listed. No problems, I expected the bank to assign a new agent as I had that troublesome property for over a year and was ready to get rid of it.

As I was looking at the report I noticed that the photos looked familiar, so I pulled up my old listing and sure enough, they were my original photos..... ALL of them! There is NO description of the house, no private comments other then “See attached documents”..... which there were not any. And other important information was missing like “No Certificate of Occupancy Issued”, etc. (new construction)

Well, I'm still a pretty good friend with the bank's property manager, so I sent her an email. One to check on her to see how they weathered the current hurricane and to let her know that she needs to tell the agent that using photos from another brokerage is against MLS rules, not to mention it's just plain lazy!

Then I looked up the other listing we had of developed building lots. He did a little better there, but I guess he did not like my photos because it looks like he just rode through the subdivision taking pictures of any open space he THOUGHT was a building lot. The funny part is he had 3 or 4 pictures of properties we SOLD last year that the bank no longer owns! The listing has no information on lot numbers that are for sale. And had a nice picture of a STOP SIGN! Lol

New Construction REO's take more research then a normal listing. And I would have gladly given this agent my folder on this property.... before now. But don't steal my work because you are too dang lazy to take a few photos of your new listing!

I want to say to any asset manager who might read this, PLEASE, PLEASE, PLEASE double check your agents! You have no idea how much liability or lost sales these “Lazy” agents are causing! If you do not have the time to do so yourself, hire an agent in that area to “shop” your listing agents. They will tell you real quick if there is a problem! A quality listing agent will not mind at all if they get “shopped”, it helps them stay on their toes! I welcome it any time!

I just attended the WinDS conference in Las Vegas last week... what an event! This group was founded by Marla Webb, Shelley Kaye, Arna Friedman, and Shelia Blockson. The first day was packed with Keynote speakers, forming of committees, and networking. The second day we joined with the Asian Real Estate Association of America, conducted a question/answer session with an asset manager panel, and ended the day with a charity poker tournament at the Hard Rock Hotel.

There are several reasons to become a member of WinDS:

• Get noticed by asset managers
• Make connections with other REO professionals
• Learn from the pro's
• Increase your knowledge of the business
• Be available to service providers

I would encourage everyone to check out this powerhouse group of professionals. Learn more about WinDS, or to join this dynamic force in the default industry, please click here! Men are always welcome as members .

If you end up joining, please mention my name!

The story continues in Seattle. Another local bank that has had troubles dealing with Special Assets related to their new construction loan departments has gone down again. This bank as many before it fails to recognize that they need to make changes with regard to how they are handling these distressed assets. Many properties are in the wrong hands of Reators who simply do not have the band width or knowledge of how to dispose of these properties. The bank managers are not willing to change, be transparent, or even discuss options. They just sit on their hands as the ship goes under. No surprise for many of us who watch this daily. Some banks are willing to take advantage of well trained and talented Realtors who know how to re position and sell bank owned multifamily properties. See the story below;

Washington First International Bank, Seattle, Washington, was closed today by the Washington Department of Financial Institutions, whichappointed the Federal Deposit Insurance Corporation (FDIC) as receiver.To protect the depositors, the FDIC entered into a purchase andassumption agreement with East West Bank, Pasadena, California, toassume all of the deposits of Washington First International Bank.

The four branches of Washington First International Bank will reopen during normal business hours beginning Saturday as branches of EastWest Bank. Depositors of Washington First International Bank willautomatically become depositors of East West Bank. Deposits willcontinue to be insured by the FDIC, so there is no need for customersto change their banking relationship to retain their deposit insurancecoverage. Customers of Washington First International Bank shouldcontinue to use their existing branch until they receive notice fromEast West Bank that it has completed systems changes to allow otherEast West Bank branches to process their accounts as well.

This evening and over the weekend, depositors of Washington First International Bank can access their money by writing checks or usingATM or debit cards. Checks drawn on the bank will continue to beprocessed. Loan customers should continue to make their payments asusual.

As of March 31, 2010, Washington First International Bank had approximately $520.9 million in total assets and $441.4 million intotal deposits. East West Bank will pay the FDIC a premium of 0.5percent to assume all of the deposits of Washington First InternationalBank. In addition to assuming all of the deposits of the failed bank,East West Bank agreed to purchase approximately $501.0 million of thefailed bank's assets. The FDIC will retain the remaining assets forlater disposition.

The FDIC and East West Bank entered into a loss-share transaction on $418.8 million of Washington First International Bank's assets. EastWest Bank will share in the losses on the asset pools covered under theloss-share agreement. The loss-share transaction is projected tomaximize returns on the assets covered by keeping them in the privatesector. The transaction also is expected to minimize disruptions forloan customers. For more information on loss share, please visit: http://www.fdic.gov/bank/individual/failed/lossshare/index.html.

I always wonder how I became lucky enough to get that first REO property over 10 years ago. Definitely a different market than what we have right now.

Now I watch agents send out stacks of resumes, do BPOs for less than $45 and they are getting the business. Sometimes I question whether or not the banks, asset managers and investors realize exactly what they've gotten?

I tend to think not, particularly when I have a new REO agent in my office stated the following: "I don't spend a lot of time on those BPOs, I just pull up comps in the neighborhood and use the 3 lowest recent sales -- I don't want to do the banks any favors." All I could do was look the agent in the face and say "Wow." All the while reminding myself about the code of ethics and how I would want to be treated if I were that agents client. Although our clients are large financial institutions that may not have a face, they deserve fair treatment, and not the "just give 'em the three lowest comps -- don't wanna do 'em any favors" treatment. I thought to myself, I've been in some of those lowest comps in the neighborhood you used for that last BPO, no wonder the last REO listing you had in my neighborhood was listed so low and an offer came in within hours of placing it in the MLS and guess who sold it too.

This upsets me not only as an agent, but as a customer of these financial institutions and a tax payer that has contributed, and will continue to contribute to the bailouts.

It is becoming ever more important to stand out from the crowd and show that you are a true professional in an otherwise mediocre world. That is why I chose to undertake the RDCPro^TM Certification course in REO Best Practices and Advanced Evaluations.

Today´s real estate market is ever changing. The number of Real Estate Owned and foreclosure properties is rapidly increasing putting more demands on the companies that own these assets. These financial institutions, mortgage lenders, and REO services use real estate professionals to manage, market, and sell their assets. They rely on the expertise of these local specialists to provide the best service and to represent their property. These companies have less time and staff to train current and new brokers and agents they are using. This is exactly why Graham Holmes REO listing agent studied to become an RDCPro^TM Certified Agent.

Default School fills that void by providing online and traditional training for the corporate seller and their brokers and agents. In addition, they provide the necessary tools any broker or agent need to become an REO specialist. Default School provides a variety of products for the default servicing sector and the real estate professionals managing these properties. Each course is designed to make you a quality REO broker or agent.

Graham Holmes RDCPro^TM Certified REO Bank Owned Listing Agent serving Hemet, San Jacinto, Yucaipa, Beaumont, Calimesa and any other Inland Empire city.