Eric's blog inspired me to write about this particular topic:
(Be forwarned....looks like I ended up writing a book this time, so go get a cup of coffee or a snack, you might need it.)
In February, foreclosures in the 13 metro Atlanta counties hit an all time high at 3,876 homes being advertised as going into foreclosure just for March. Georgia is a non-judicial foreclosure state. Therefore, once a homeowner stops making payments the only requirement of the lender is they MUST advertise the foreclosure four weeks prior to the day of the auction (always the first Tuesday of the month) in the legal newspaper for that county. This usually does not happen until the loan is at least two or three months delinquent.
An investor has three opportunities to purchase a house once the house has been advertised as going into foreclosure:
1. Pre-Foreclosure
2. Foreclosure Auction
3. REO (real estate owned).
Obviously, when you buy a house in pre-foreclosure it is easier because you can do it without any credit and with little or none of your own cash.You can purchase the property subject to or get your own loan. If there is any equity (which there usually isn't) you might even be able to get the homeowner some of their equity back.
At the steps you need all cash, no exceptions. Furthermore, you might be bidding against other investors, both seasoned and newbies, or there might not be anyone there at all. If you are the highest bidder you must turn over a cashier's check to the attorney at that time. However, in Georgia they have up to 30 days to give you possession. This law was created about two years ago to make sure that the homeowner did not punch the bankruptcy clock at 11:55 a.m and you bought the house at 11:57 a.m. The attorney would have no way of knowing that until after the auction. The only problem I have is, "IF" the homeowner filed bankruptcy at the last second, then the attorney just gives you your money back with NO interest. Therefore, your CASH is tied up for that period of time, which could be as long as 30 days.
The biggest benefit to buying at the steps is ALL junior liens are wiped out at the auction with the exception of tax liens. The IRS has a 120-day right to redemption. The attorney handling the foreclosure is to notify the IRS of the impending auction. After the auction the IRS has 120 days to claim the property. If, for any reason, they do so (they usually do not) then the IRS must reimburse you any money you had spent for the property. Thus, no need to worry about IRS liens. As far as city or county tax liens are concerned, all you need to do is contact the city and county before the auction to find out how much the back taxes are. You can then choose to pay them once you have purchased the property or you can choose to not bid on this property.
The last and final opportunity is REO. If the property does not sell at auction the bank takes ownership of the property and will list it through a local broker. You used to be able to buy these homes with deep discounts. Unfortunately, I have found it EXTREMELY difficult, because I am competing with either newbie investors who don't understand all the costs or I'm competing with money from other areas of the country. I work closely with several real estate agents and they are all telling me that investors from as far as California are buying some of these properties, site unseen. One reason is because Atlanta's real estate is so cheap compared to other areas of the country. I have made hundreds of offers on these properties only to be told by the selling agent that they are negotiating with someone close to their asking price. WHAT? There is no way. First, many of these properties are in need of a lot of work. Second, their asking price is usually close to the ARV (After Repair Value). I used to think they were lying just to get me to up my offer, but I have followed many of these houses and sure enough someone bought them at that price.
Eric made a good point in his blog that he expects to see these houses come back and he is exactly right. I have seen way to many of them come back in the form of foreclosure. I have walked through hundreds of houses where it was obvious that someone had begun to fix them up. These houses didn't even make it back to the market. One in particular stands out. This house was built in 1955 and was in complete rehab job. It was obvious what the investor was good at. The investor had installed a very high end designer kitchen with floor to ceiling cabinets, granite countertops and tile floors. It had the "Taj Mahal" for a bathroom. Floor to ceiling tile, garden tub, separate stand up shower and a levitating bowl, where water shoots out of the wall into a bowl sink. However, when you looked up there was a giant whole in the roof about 4ft. x 4ft. HELLO!!!!!! Uh, I think you should fix the roof FIRST? Furthermore, the rest of the house still needed to be gutted. This house was again foreclosed on and the bank had it listed for $150,000. There was not one single comp in the neighborhood that had sold for more than $140,000. Oh and I was actually looking at one a few doors down that had been completely rehabbed for about $115,000. That is the only reason I saw this one.
With all that being said, (If you are still reading this book...), there is little or no equity in 90% of these properties that are in pre- foreclosure or are being sold at the steps. Thus, I have learned a way to solve this problem, which is how I bought the Duluth house. It's called a "
short sale". Basically, you are asking the bank to sell it to you before it goes into foreclosure for less than what the current owner owes. You must be able to PROVE to the bank that you can close by either an "Approval Letter" (not "pre"-approval letter) from another lender or broker, or prove you have the cash to buy the property. Also, you need to be very patient. I put an offer on the Duluth house back in November and we didn't get an answer back until the end of January. However, the house was scheduled to foreclose on December 6th, which they didn't. So, I felt pretty good about the offer.
Finally, Georgia is #1 (wohooo, just kidding) in the country for
mortgage fraud (<--see recent article). It was so bad in fact that the Georgia Legislature passed the "
Georgia Residential Mortgage Fraud Act" last year. These houses are coming back into the pipeline that the bank loaned more money than the property was actually worth. Thus, over inflated beginning bid amounts and over inflated listing prices. Again, you must be patient and be at the right place at the right time. Don't get me wrong, I put an offer on EVERY single house that I look at. You never know, one day the phone will ring and they might be ready to deal.
(deep breath)......THE END! .......(exhale):))