Tip one: Banks do
not want to foreclose on real estate
I've seen a lot of investors miss out on
huge profits because they just don't understand how far
banks will go NOT to take back a property. Banks don't
want to own real estate. Banks don't want to have bad
loans on their books. All they want is people to pay
them on time and take care of the house.
When you understand this, you recognize how much power
you have when negotiating with lenders to find creative
solutions to help sellers solve their problems. The key
is to COMMUNICATE with the lender about what is going on
and what you need to make this work for their best
interest, which is having the loan brought current.
Many times I'll do a three-way call with the seller and
the lender. I'll coach the seller to introduce me to the
lender as a, “friend who knows more about this real
estate thing than I do and who is helping me to
understand what exactly is going on and how I can make
sure you get your money.”
Then I take over and find out the specific details and
exact status of the loan. Many times I negotiate a
payment plan, known as a forbearance agreement, with the
lender right there on the phone.
One word of caution, don't tell the lenders that you are
buying the property because they might not like you
buying the property without paying off or assuming the
loan. If they ask any questions about who you are, which
they almost never will, simply repeat that you are a
friend of the sellers who is trying to help them out.
Tip two: Foreclosure tidbits
investors don't know
What happens if the lender doesn't get
all its money out of the foreclosure sale? Many
homeowners think that once the bank foreclosure sale has
happened, all their worries are over.
This may not be true. In many states the lender can get
a "deficiency judgement" from the court which means the
borrower (homeowner) owes the lender any money that the
lender LOST from the whole process.
Does the lender make money in foreclosure sales?
No, they're not allowed to make a profit. Any money made
in excess of the amount owed the lender, including the
foreclosure costs, will go to the borrower. The reality
is that rarely will the borrower get anything for his or
her equity in a foreclosure sale.
Lenders can get money for fees like:
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Late penalties
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Accrued interest
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Attorney’s fees
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Court costs
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Filing fees
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Title work fees
Tip three: Other ways property owners
default
While we usually see property owners
default on loans by not making the monthly payments,
there are other things home owners do that can trigger
the foreclosure process.
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Homeowner fails to pay property
taxes which creates a lien that jeopardizes the
lender’s security
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Homeowner fails to pay a Home Owner
Association fee
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Homeowner transfers title without
getting the lender’s permission
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Homeowner does something to the
property that diminishes it’s value
All of these things COULD trigger the
lender to foreclose on the property, but rarely will
they be the cause of the bank foreclosure. By far the
most common reason for a lender to foreclose is
non-payment by the borrower.
Tip four: Don't be afraid to knock on
doors
One useful technique to find great deals
is to literally knock on the doors of owners who are
default.
Can we really mean just show up at their doorstep and
knock on their door? Yes!
Let’s face it, out of the 50 other investors who have
the Notice of Default or Lis Pendens information about
the sellers in the early stages of foreclosure, 25 of
them will pop a postcard or letter one time in the mail
to them.
Five of them will go to the effort of tracking down the
owners' phone number and giving them a phone call. And
only one or two will actually face their fear and go
knock on the seller’s door.
Now this is time consuming and takes a bit of finesse to
make it pay off for you. The biggest clue that it is
worth the time for a personal visit is if you reasonably
expect there to be either:
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A lot of equity in the house; or
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The property is in an area where you
are very interested in acquiring long-term keepers.
If one or the other (ideally both) of
these criteria is not met, then give the sellers a call
on the phone or plug them into your mailing sequence but
don't waste your valuable time visiting them.
You might be thinking that the homeowners wouldn't want
you to come to their door. In many cases they really are
in desperate need of help.
For example, a student of ours in Columbus, Ohio knocked
on the door of a couple who were in the end stages of
foreclosure. The sellers were a nice couple who had
gotten caught up in an unfortunate financial situation.
Our student, Mike, agreed to make up the back payments
and stop the foreclosure. Then Mike would fix up the
house, take over the payments, and resell it. There was
a large chunk of equity in the house so Mike agreed to
give 10% of his net profit back to the sellers to make
it even more of a win-win deal.
What to say when you knock on the
sellers' door
Here are two scripts of what to say when
you're knocking on their doors cold:
Script One: This one works well if the sellers
are still in pre-foreclosure OR if you're not quite
ready to use the gutsier script below.
Knock, knock…[Step back off the porch, turn sideways,
assume a passive, harmless posture to put them at ease.]
Owner: "Yes?"
Investor: "Hi, (looking as harmless and Bambi-like as
you can manage) my name is Jim and I'm an investor who
is looking to buy another house in this neighborhood. I
was wondering if you knew of anyone in the area who
might be at all open to selling their house if they got
a fair offer on it?"
Owner: "Well, actually I might want to sell my house."
Investor: "Oh, okay, but I've probably caught you right
in the middle of something, huh?" Owner: "No, I was just
making dinner. Now’s as good a time as any." And away
you go with them showing you the house and following the
Instant Offer System.
Script Two:
Knock, knock… Owner: "Yes, can I help you?"
Investor: "Hi, my name is Jim [looking passive and
harmless like a small puppy dog], and I'm an investor
who helps out folks who have a house that’s in trouble.
Is your house in trouble?"
Owner: "No, I don't know what you're talking about."
Investor: "Oh…[looking down at his clipboard and
scratching his head] I'm a little confused here. It says
here that the city thinks this house is behind in it’s
payments. Heck, they even have it listed in the legal
notice newspaper. But they probably got all that wrong,
huh?"
Owner: "Can I see that paper?"
Investor: "Sure…" [showing the owner the clipboard that
has a list of the owner’s house with the date that the
Notice of Default was filed or even a copy of the legal
notice publication with the seller’s property
highlighted]
Owner: [a bit softer now] "Well I guess I must be a bit
behind. I thought the bank would work with me longer
before they did this."
Investor: "Yeah, I know…banks sure can play real tough
with little fish like us.
"You know though, a lot of times banks make mistakes
when they send you all that paperwork that can make them
have to start all over again from the beginning. I was
visiting with another homeowner like yourself the other
day when we spotted how the bank misspelled her name on
the official notice. I helped her get another 60 days'
delay in the process to give her more time to find her
best solution.
"If you'd like, I'd be happy to take a quick look over
the paperwork they sent you to see if I can spot any
mistakes they made. Would you like me to sit down for a
second and see if I can spot anything in the paperwork?"
Owner: "Would you?"
And now you're in the house and connecting with the
owner.
I got an email from an investor who found a great deal
by doing some research at the courthouse to find sellers
in default. Next he went and knocked on the seller's
door. The seller’s wife answered the door, and the three
of them sat and talked for and hour and a half.
Our student funded the deal by taking on a money
partner, and the two of them will split the $50,000
profit 50/50. The best part was that he helped the
sellers avoid foreclosure.
worth of real estate.
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