Craziest. Transaction. Ever.

For the last couple of months, I have been sitting on a great blog post topic and haven't quite had it figured out in my head, what I wanted to say about it. I was still pondering it. There was a transaction I did, not long ago, that probably will go down in memory as the craziest one I have ever worked on. Well, craziest one so far. Maybe someday there will be one crazier--after all, I expect to be in this business for a long time and part of what attracts me to it is the craziness! Gives me good stories to tell over beers...and over the internet.

Anyway, I had a client that contacted me wanting to do a rehab/flip of a property. After going to great lengths to explain the various ways these deals can go south, and making sure that they understood the risks involved and so forth, we in the end decided to go forward.

Several months went by, looking for the perfect property. Finally, we found a property that my clients felt like would be worth the work to fix up as they envisioned. The neighborhood was great--right on a golf course, in an area with a lot of older homes that are being fixed up. Prices range from $600K up to over a million. The commuting distance to two of the Northwest's major employers is about 20 minutes in either direction depending on traffic. The home also has a view of the lake. And, it was a very large home.

It was listed with a Limited Service agency. That meant, all contact had to be made with the seller directly. Dutifully, I called the seller to set up a showing. Up to this point, there was nothing to indicate that things were about to get strange.

I call the phone-to-show and a teenager answers the phone. I say that I am interested in seeing the house and can I please speak to Mr. or Mrs. Seller? I was informed that the parents were out of town, but I left a message for a parent to call me back. I did, and we set up the showing.

The next day promptly at 10, my buyers and I arrive. The first problem is, there is no lockbox. The second problem is, there are two large dogs barking their heads off on the other side of the door. There also appear to be kids home...several of them. How many kids are living here, my buyers and I wondered? Looked like a reunion of the Lost Boys.

Well, the only thing to do was to knock on the door, so I did. The oldest of the Lost Boys answers the door. I mention that I called about showing the house? Naturally, he did not get the message, but says it is okay to take a look around, so my buyers and I go inside and start looking around. The first thing to hit us is the odor of dog feces, cigarette smoke, stale beer and rotting garbage.

And they say real estate is a glamorous job? Anyone who has worked foreclosures or short sales more than once (which I have) would recognize this house as a "distress case." Normally if it looks like this, or smells like this, for a showing, the sellers have issues--financial ones usually go hand in hand with "other" issues.

First stop was the kitchen. There we found two large dogs eating dog food directly from the 50 lb. bag. We noticed that both of the double ovens were open, with the heating units on. I asked the young man about it and he announced that, "oh yeah, the furnace is not working."

Okay.

Next stop was the living room, where in the middle of April, the Christmas tree was still up. It was a real tree, not a plastic one, so it was completely dried out and had dropped pine needles all over the floor. It reminded me of nothing so much as the Charlie Brown Christmas tree. Shoot, evidently Pig Pen was living here so we even had some of the characters.

Continuing our tour of this lovely home, we went into the family room, which was built around a beautiful large fireplace. Every inch of floor in the room was covered in linens, dirty clothes and so forth, such that you could not see or feel whether the floor was carpet or hardwood. When I kicked aside a pile of clothes to see what kind of flooring was in evidence, I unearthed a large, petrified pile of dog poop.

Soon enough we had seen what we needed to see. The home was in terrible shape cosmetically, but beneath it all you could see that it was a lovely, well-built home.

And the signs of distress were so clear that I went home and did a little research on my own. I discovered that in addition to being behind on his negative amortization home loan, the owner was also subject to two tax liens totalling almost $80,000 and a judgement from the person who sold the house to him for an additional $5,000.

So, knowing all this, we decided to go to the seller with an offer that reflected the condition of the house, and explained to him that this would be a short sale situation. In fact, it would have been short whether he got full price or not. So I carefully explained our offer to him, and explained to him what would have to be done to actually sell his home. I explained to him that although I represented the buyers, I would be available to help him as he tried to clear title to his home so my buyers could purchase it.

After a few days of deliberation, during which time the contract expired, he finally accepted the offer. Now, we had 30 days to see if we could clear the tax liens, judgements, and get the lender to accept a short sale. Naturally, it was my job to make sure that all this happened. So, I was on the phone with the seller nearly every day, making sure that he had done his part, offering to run and fax documents around for him, and whatever needed to be done to make sure we got to closing.

Considering the situation, the actual short sale negotiation was relatively uneventful. The IRS worked out a payment plan and removed the lien, the judgement released their interest, and the bank accepted the short sale. The big trick was getting to talk to the right person at the lender, but a clever conversation with someone in the customer service department got me talking to someone at the right level to make a decision and we were able to get agreement.

The big hitch turned out to be with the buyer's lender. The appraiser had been pretty appalled at the general condition of the property and took some pictures, which made their way back to the buyer's lender who at the last minute (1 day before our scheduled closing) decided that they wanted to put some conditions on the closing. One of which was, that the property had to be cleaned up and the appraiser had to come back to take pictures showing that this had been done.
I explained the situation to the sellers who basically ignored it. So, the buyers and I were down there at 8am on the morning of closing cleaning up the property--it took 8 large contractor bags just to clean up the beer cans on the property. 8 LARGE CONTRACTOR BAGS of beer cans people. That is hundreds, maybe thousands, of beer cans.

Anyway, we got it cleaned up, the appraiser came back, the buyer's lender cleared the condition and we were good to go with releasing documents.

So, I go to the signing appointment with the buyers, all went well with no issues. That night, I went to the signing appointment with the sellers and a mobile notary, and we get down to signing all the paperwork when suddenly the seller stands up and asks, "hey, we aren't going to be able to move the washer dryer out before the buyers take possession, so can we come back for it?"

Well, you could, except that the washer dryer goes with the house. You signed a contract that said so. Which I explained to you line by line and point by point. Which you then looked at for over a week. During which time the contract expired...remember that?

I pulled out the contract and showed him where the box for "washer dryer stays with house" was checked. I showed him his initials next to the box.

"Well, I don't read contracts, I just assumed that it would be okay if we kept the washer dryer."

Finally he decided that it wasn't worth not closing on the house, just to keep the washer dryer.

Meanwhile, now that we actually could close, the seller realized he was going to actually have to move. The seller had found a place to move, but was working at a job site about 50 miles away on the day of closing, so his son, in his late teens or early twenties, was entrusted with the task of making sure that all everything was ready to go when the movers got there. The seller asked, since I was going to be there cleaning up, if I could maybe check in just to make sure things went according to "plan."

Now, the son was largely responsible for the aforementioned beer can issue, so I wasn't too sure that entrusting him with this job was the best of ideas. Sure enough, it wasn't. When I arrived that morning, the son was passed out (hungover I assume) in the master bedroom, none of the other kids were anywhere to be found and not one thing had been packed. The seller had left a list of what was to be moved and what was supposed to stay, which I made sure the movers had. They executed it to the best of their ability. About an hour before they finished, the son finally wakes up and starts pitching in. This only happened because the movers started moving the bed he was sleeping in, with him still in it.

We closed, my buyers took possession and everything seemed well until I get a call about a week later.

The seller, since he couldn't take the washer dryer with him, simply decided that he would go to the house to use it. My buyers asked if I could please discuss the matter with him.

I did, and that was the last we heard from him.

Foreclosures, Pre-Foreclosures and Short Sales

I have had an interesting week, working with a investor buyer who is trying to acquire a property that is in the foreclosure process. We weren't able to get the seller to bite on my buyer's bid, but nevertheless, it's been a very interesting few days.

When I very first got into real estate, I met a woman who worked for one of the big title companies who said to me something that at the time I thought was just a terrible thing to say, but now I realize was quite prescient. She said that I should be saving my money so as to be able to invest in the wave of foreclosures that she predicted was coming. Not being the kind of person who WANTS to profit from others' misfortunes I thought this was pretty heartless but in retrospect, I think she was right on the money.

Unfortunately, the last 4 or 5 years have seen lenders really lowering their standards as far as who they will lend money to. In one sense, it's good because it has allowed a lot of people to qualify to own their own homes who years ago would have been turned away. But it also means that a lot of people are in homes they can't afford, with 3 and 5 year ARM loans that are approaching the end of their fixed period. And, a lot of loans are what are called "no docs" loans, which means that people can claim a means of payment that may or may not exist, just to get into the house of their dreams. There are also negative amortization loans, which, rather than paying down interest and principal, actually ADD interest to the outstanding principal against the home. So, your interest rate is 2% as far as what you pay for now, but the extra interest (4% or more) is added to the principal, and counts against any equity in your home. So, when you sell it you end up owing money!

These loans suck. They prey on people who don't have a lot of income, have poor credit, and are not very financially savvy. Not surprisingly, the chickens are starting to come home to roost.

Back to my investor client. He was looking for a property that met a very specific, difficult to find set of criteria, and it so happened that I found a house that was a perfect fit. So we went out to take a look at it. Something about the house (perhaps it was the dirty diaper that greeted us at the bottom of the basement stairs, or the dead pet rabbit in the backyard? Don't believe anyone who tells you that real estate is a glamorous profession!!) made us feel that something about the place wasn't right. When you've been in enough houses, you start to get a feel for when a divorce, a death or financial problems are part of the picture. Anyway, we did some research and sure enough the house was subject to a pending Notice of Trustee's Sale. In other words, it was in foreclosure.

A search of the county records will usually tell you if a Notice of Sheriff's Sale, or a Notice of Trustee's Sale has been recorded against a property. Typically, if you haven't made a payment for 6 months, and you haven't made any arrangements with your lender to catch up on your payments, your lender will begin foreclosure proceedings. The first step is one of the two above Notices. I would explain the difference but that would get us into a discussion of different ways to hold title and it would probably be boring.

Anyway, these Notices are intended to inform the public that the house will be sold at auction unless the "arrearage" is "cured" or cleared up before a certain date. Here in Washington, that certain date is 11 days before the auction. Any money from the auction will go to pay off the creditors with a claim on the house. If the situation is bad enough, there won't be enough money to pay them all, and some of them will remain outstanding against the house, and the new owner can end up taking them on. This is a risk you take when you buy a house at a foreclosure sale. You also don't get to inspect the property.

A seller can stop the sale from happening if he is able to make arrangements with the lender, or if he is able to sell the house for enough money to pay off all outstanding debts recorded against the house before the cure date. If he gets an offer to purchase the house but it isn't enough to pay off all the debts, then he has to get his creditors to agree to a payoff that is less than they are owed. This is called a short sale.

If none of these things occur, the house will go to auction. The lender doesn't really want this to happen because the price they get at auction is often less than they are owed, plus, they aren't in the real estate business. They are in the lending business, which means what they really want is just to be paid back. But, if this is the only way they can get what they are owed they will do it.

From an investment perspective, buying a property at auction or on a short sale can be a good way to pick up a house for less than the market price. However, there are risks involved. For instance, you can get stuck with any outstanding liens against the house, or there can be problems with the house that are expensive to fix, such as needing a new roof. But if the price is right, a lot of investors are willing to take this risk in order to reap the profits on a flip. A lot of the time it works out pretty well.

Unfortunately, this particular house was also subject to more liens and judgements than the house itself was worth, and it was still the seller's right to accept or reject an offer to purchase the house. So, in order to obtain clear title, we needed to work with them as well as their lender to get them to accept our offer. The only way the sellers could pay off all their creditors and also pay closing costs would be if a buyer paid more than $50K over the fair market value of the house. My buyer wasn't going to do that.

So, we came in with a pretty low offer that was enough to pay off the first mortgage but not the home equity line, and we offered to pay closing costs. If we'd have gotten the sellers to agree it would have just been the beginning of the process. Sometimes it can take months to get a lender to agree to a short payoff. Doing so can be to their benefit--actually foreclosing on a property costs a lender quite a bit of money in terms of legal fees and so forth, so sometimes it makes more sense to cut their losses before it gets that far.

It can also be to a seller's advantage, because it reduces the damage to their credit rating of having a foreclosure recorded.

And it is obviously to a buyer's advantage, because they don't have to overpay for a property or take on the seller's debts.

But it's a complicated process and a lot can go wrong. Unfortunately, we didn't get out of the gate with this one. The seller didn't go for it--maybe they were not desperate enough yet! But it was a real eye-opener, and gave me something to talk about in ye olde blog. These sellers were a perfect example of WHY we will probably see a lot more of this kind of transaction in the years ahead. They had no way to make a payment (no verifiable income!) yet, they received a loan for a $400K house, then a 2nd home equity loan just 7 months later. They had a no down payment, negative amortization loan, and this wasn't even the first time they'd been in foreclosure!