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    Myths and Facts About Buying a Foreclosure in California
    by John Lockwood


    In the current real estate market, many buyers are interested in foreclosures, and with good reason. In my market area (greater Sacramento, California), foreclosures are often discounted by an average of about 20% from other homes. So it's no wonder that some 60% of all residential sales in recent months have been properties that the bank has foreclosed on.

    Many buyers have heard different things about foreclosures, some that are true, some that are true in other states besides California, and some that are just plain wrong. Let's take a look at some of the common myths and facts about foreclosures so that we can better understand what we're dealing with.

    • Myth: Foreclosure Buying Is for Serious Investors Only

      Actually this is partly true. If you're talking about buying a foreclosure at a trustee's sale, when the foreclosure process is "finished" and the bank is sold at a public auction, yes, this is true. California law allows the trustee to require any bidder to provide cash or cash equivalent at a trustee sale, and there is no inspection period. If you're going to be buying "on the courthouse steps", you'd better know what you're doing.

      What this myth doesn't tell you is that many foreclosed homes are never sold at the trustee sale, so they're "bought back" by the bank. These homes make up the bulk of the foreclosures that Realtors® sell, and are called REOs ("Real Estate Owned", i.e., by the bank), foreclosures, or sometimes "bank repos". These homes can be financed. The big differences in buying these homes and in any other kind of sale are 1) The bank will generally not fix items found during the inspection period (with certain exceptions) and 2) the requirements for owner disclosure are also relaxed somewhat, since the law assumes the bank won't know about the property first hand. You still have an inspection period, however, so you can find out what you're getting and cancel the transaction if anything serious comes up.

    • Myth: After you Buy a Foreclosure, the Foreclosed Former Owner Can Cure the Debt and Get The House Back

      This is true to some extent in some states outside of California, where most homes are sold using a mortgage and foreclosed using a judicial foreclosure. Such foreclosures are often subject to the buyer's "right of redemption", a one year period in which the buyer can get the house back. In California, the vast majority of homes are sold using a deed of trust, so there is no right of redemption after the trustee's sale.

    • Myth: Banks are Desperate to Unload Foreclosures, and Will Accept Almost Any Offer

      What we've found in our area is that it's not so much the case that banks will accept any offer, as that they will discount the property 20% and more up front. In other words, usually most of the discount on a foreclosure is built into the list price already. Because they often represent very good bargains, we found when we ran statistics that the average ratio of what buyers pay to what the home listed for is actually higher in the case of foreclosures than in the case of non-foreclosed homes. This is not because the banks weren't willing to give a bargain, but because they listed the home as a bargain.

    • Myth: When You Buy A Foreclosure You Pay the Amount Owed on the Loan

      Generally this is false. When you buy a foreclosure you pay an amount agreed to by you and the bank that owns it.

    • Fact: Foreclosures are Sold As Is

      This is true. As a rule the bank will not make repairs on a foreclosure. However, there are some exceptions to this rule. If you present a strong offer, the bank will sometimes pay for repairs that may be required. Lender required repairs are often common on when homes are financed using FHA, for example.

      Generally, you still have inspection period on an as is sale. You still have the right to do your inspections, and we strongly recommend you do. What "as is" means is that once you've done your inspections, you'll decide whether to move forward or cancel, and the seller generally won't do repairs.

    • Fact: Foreclosures Are Great Buys

      As we mentioned above, often foreclosures are listed at 20% (or more) of the list price of a comparable non-foreclosed home. Multiply that 20% by $300,000, for example, and we're talking about a savings of $60,000! For being willing to accept a home that may have minor repairs and some cosmetic fixing needed, that's not a bad way to go! No wonder 60% of the homes selling in our area are foreclosures!


    Note: The information in this article is provided for informational purposes only, and should not be relied on exclusively to make a buying decision. Discounts quoted herein are averages, and all information here should be discussed with a competent real estate professional who is familiar with your area. Buyer should satisfy themselves as to any information about the condition of their home and obtain competent advice and inspections as needed.

    John Lockwood is a real estate broker working in Sacramento, and the managing broker of Elite Properties. He is the author and webmaster of the Roseville Real Estate web site as well as the Sacramento real estate blog, Sacramento's oldest continually operating real estate blog. A former software developer, he also created an online search tool for Sacramento Foreclosures.

    This article is Copyright(c) 2008, Elite Properties and John Lockwood Associates. Permission is given to copy this article, but users of this article must maintain the article and the author signature box in its original form. No other use is permitted.

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