Ever wonder what the difference is between a foreclosure and an REO or real estate owned property?
A foreclosure is a legal process in which the owner's right to a property is terminated. It usually involves a forced sale of the property by a public auction to repay whatever debt is owed on the property. Real Estate Owned (REO) is real property that has been foreclosed by a lender and is now owned by the lender due to an unsuccessful sale at the public auction.
Here are some facts:
- A foreclosure property goes through a foreclosure auction which is usually held on an assigned date on the steps of the county court house.
- Foreclosure property buyers need to be able to purchase the property for CASH.
- At auction, an opening bid on the property is set by the foreclosing lender. This opening bid is usually equal to the outstanding loan balance, interest accrued, and any additional fees and attorney fees associated with the Trustee Sale. If there are no bids higher than the opening bid, the property will be purchased by the attorney conducting the sale, for the lender.
- Foreclosure property buyers inherit all unpaid liens, including mortgage debt, taxes, construction loans, home equity lines of credit, and possibly a second or third mortgage.
On the other hand, an REO property is:
- REO property is already owned by the bank.
- Home buyers are able to get a regular mortgage or loan on that property. All cash is not needed.
- REO properties in most instances come with clear title.
Some things to look for when purchasing an REO or already foreclosed property:
- Work with your realtor and the Title Company representative to make sure that the title to the home you're buying is free and clear.
- Understand where the pricing is in your market so you can submit a viable purchase offer. Your realtor will look at the local market conditions and historical trends prior to submitting your offer to the bank in order to make sure you have submitted an offer with appropriate pricing.
- Banks do NOT provide many, if any, disclosures, so be prepared for some surprises. Additionally some banks will require you to sign their private addendums. Make sure you read each item carefully as you may not be comfortable with their terms.
- Make sure that all home inspections are completed - don't forget a sewer line inspection - prior to close of escrow. In fact all inspections should be completed during the first 17 days of your escrow period in order to give you plenty of time to remove contingencies. Some banks are allowing for certain types of repairs so you may be able to ask for credits.
- Be aware that banks will charge higher loan rates on investment properties. So if you are thinking about buying an REO property as a second home, make sure you check out the rates ahead of time and speak to your CPA.

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