How To Manage And Market Foreclosures
Monday, August 23rd, 2010When a bank’s level of non-performing loans and foreclosed assets increases to the point that the bank’s costs and expenses exceed its revenues, the resulting deficit erodes the bank’s net worth and reduces stockholders’ equity. Depending upon the particular bank’s level of net worth, a serious problem will result at some point in time unless steps are taken to mitigate the problems. This article deals with the administration of real estate properties that have already been foreclosed.
It is imperative that the lender examine and thoroughly understand both the loan documents for the particular loan and foreclosure laws in the area where the collateral property is located. Depending upon the various factors contained in loan documents and the nuances of state foreclosure laws, there are usually factors that dictate the timing of when a foreclosure must be initiated.Sometimes, a lender not foreclosing on time might result in heavy delays in the process, allowing further arrearages to accrue and possible damage to the collateral property.
Once the foreclosure decision is made, the bank needs to automatically involve its foreclosed property department. In a commercial bank, foreclosed real estate properties are referred to as Other Real Estate Owned, or “OREO,” as distinct from real estate owned and used in the operation of the bank, such as the main bank building and bank branch properties. The equivalent term at savings banks is Real Estate Owned or “REO.”
Here are some guidelines for the successful management of foreclosed properties:
- Make sure that the homeowners’ or fire and extended casualty insurance is cancelled and that the property is added to the bank’s blanket insurance policy for foreclosed properties.(Note: I have seen homes and buildings lost to fires when there wasn’t insurance coverage, due to sloppiness in monitoring the transition.)
- Assign the responsibility for managing foreclosed properties to one person.If the amount of foreclosures is large enough to be the sole focus of one or two people fulltime, then almost certainly you will need a new-hire. Don’t rely on the loan officers that initiated the problem loans to begin with to now miraculously solve the problems that they could not foresee in the beginning.It is beneficial to have some “space” between the OREO/REO managers and the borrowers of the loan.
- Once the properties are foreclosed or abandoned, secure them immediately.There must be a central key repository in the OREO or REO department.
- Keep the properties looking decent. Do whatever is required to avoid deterioration of the properties.There are no buyers who enjoy unattractive properties.
- If the property has problems, find a specialist in buying and fixing up properties, and provide financing to make the deal workable and attractive. Include a commitment to provide financing for the ultimate customer to whom the fix-up specialist will sell.
- Get “For Sale” signs up immediately after foreclosure. (Note: It is astonishing to me how many times I have gone into OREO and REO operations and found management amazed that a property has not sold, yet there is no “For Sale” sign on it!)
- Only list with a real estate agent if truly necessary. Your OREO or REO department will know more about the property than any real estate agent, and your financing to the purchaser will be a major selling point.You should be one making the calls on financing, instead of a real estate agent.
- Talk to the neighbors of the foreclosed property. Often, their families and friends are prospective purchasers. Your offering favorable financing might be the factor that tilts the scales in favor of a relative relocating close to another relative.
- Inspect the properties regularly, and document what you find. Take any needed corrective actions immediately.
- Offer good financial packages to allure buyers.Keep in mind that the sooner you make a sale, the sooner the property can make money back instead of spending it.
- Consider holding periods and the net present value of a probable future sale when setting a sales price.The “net” in net present value allows for the holding costs which include taxes, maintenance, and any expenditures such as carpeting and other expenditures that may be required for good property marketing.
- Attend OREO and REO activities at Board of Directors meetings. Directors often have market knowledge and contacts that can help with OREO / REO problems.
Getting all of these done can be quite a challenge. It requires special expertise to initiate all of these various activities and to keep them moving toward the multiple finish lines
This article was written by a professional banking expert witness. He is a consultant and banking regulator, has successfully administered hundreds of millions of dollars of foreclosed properties including houses, condominiums, subdivisions, raw land, apartments, offices, and more across the USA. He is available on a contract basis to discuss your bank’s particular needs at an expert witness services company. See all professional and legal expert witnesses with full C.V.’s.