Can You Wholesale a Foreclosure Property?

Published on August 1, 2023
Can You Wholesale a Foreclosure Property?

Can You Wholesale a Foreclosure Property?

Wholesaling pre-foreclosure and foreclosure properties revolves around purchasing distressed properties directly from homeowners or banks at a significantly reduced price and quickly selling them to buyers for a profit.

While this can be really profitable, it's not without its challenges. It involves understanding foreclosure and REO processes, navigating legal considerations, negotiating with distressed homeowners or banks, and efficiently connecting with potential buyers. 

This blog provides a comprehensive overview of everything involved in wholesaling pre-foreclosure and REO properties, exploring the opportunities, risks, and legalities surrounding the process.

What is a Foreclosure Property?

What is a Foreclosure Property?

A foreclosure property, also known as a bank-owned or Real Estate Owned (REO) property, is a type of property that a lender—typically a bank—owns. This situation arises when a homeowner defaults on their mortgage loan, and the lender reclaims the property. 

The foreclosure process starts when a homeowner fails to make their mortgage payments for several months. The lender then initiates a legal process to repossess the property. 

If the homeowner is unable to rectify the default, the property may be sold at a public auction. If it does not sell at auction, it becomes an REO property.

REO properties are then managed by the bank's REO department, which works with real estate agents to get the property listed for sale on the market. Banks are typically keen to sell REO properties quickly since these assets can be costly to manage and can depreciate over time. 

This urgency often leads to the properties being sold at discounted prices, which can present good real estate investing opportunities for buyers.

Pre-Foreclosure vs. Foreclosed Home

Pre-foreclosure and foreclosure properties represent two distinct stages in the process that occurs when a homeowner defaults on their mortgage. The primary difference between them lies in the level of progress within the foreclosure procedure and the ownership status of the foreclosed home.

Pre-foreclosure is the initial stage of the foreclosure process. At this point, the homeowner still legally owns the property and can choose to either sell the house or pay off the overdue amount to stop the foreclosure process within the period of 90 days.

During this period, the homeowner may opt to sell the property themselves, often at a reduced price, to pay off their outstanding debt. This can result in potential opportunities for experienced investors or cash investors to purchase properties below market value.

If the homeowner cannot rectify the default and the property fails to sell at auction, the property enters the foreclosure stage and becomes a Real Estate Owned (REO) property. This stage represents the completion of the foreclosure process. 

At this point, the lender, usually a bank, has repossessed the property because it failed to sell at the foreclosure auction. This is a way to recoup their investment losses. The bank then assumes full ownership and will attempt to sell the property as-is. They'll make several strategies to sell the property until they find a buyer who's willing to pay fast and improve their real estate portfolio.

Can You Wholesale Pre-Foreclosure and Foreclosure Properties?

Can You Wholesale Pre-Foreclosure and Foreclosure Properties?

Yes, you can wholesale both pre foreclosure and foreclosure properties. However, wholesaling real estate owned or foreclosure properties can be more complex than wholesaling pre-foreclosure properties in order to avoid a short sale. 

Banks often have specific procedures and requirements for purchasing their REO properties. They may also ask for proof of funds to ensure an investor's net worth. Moreover, they may also require that you buy the property first and sell it immediately, which means you would double close.

Where to Find Real Estate Pre-Foreclosure and Foreclosure Leads?

Finding pre-foreclosure and foreclosure leads requires persistence and a systematic approach. Remember that homeowners facing foreclosure are likely under considerable stress, so it's important to approach them with empathy and understanding. 

Below are some methods you can use to find these pre-foreclosure and foreclosure leads:

  • Local County Courthouse or Recorder's Office: You can visit your local county courthouse or recorder's office to find records of Notice of Default (NOD) or lis pendens filed by lenders. Some counties also offer online access to these records.
  • Online Real Estate Platforms: Several online platforms specialize in providing foreclosure lists: including pre-foreclosure and foreclosure homes. You can check out Property Leads, LeadVines, and SEO Meets REI.
  • Local Newspaper: Legal notices, including notices of foreclosure, are often published in the local newspaper.
  • Real Estate Auctions: Properties that go into foreclosure are often sold at auction. Attending these auctions can help you find potential leads and get a sense of the local foreclosure market. 
  • Real Estate Agent, Realtor, or Broker: Real estate agents and brokers, especially those who specialize in distressed properties, can be excellent resources. They have in-depth knowledge of the local market and can provide access to Multiple Listing Service (MLS) data where you can check out foreclosure listings or any new foreclosure sale.

Considerations When Wholesaling Foreclosures or REO Properties

Wholesaling pre-foreclosures and REO properties can offer significant opportunities but also carry certain considerations and challenges. It's crucial to understand and be prepared for these factors to ensure a successful and profitable experience.

Legal Implications

Each state has its own laws and regulations related to foreclosure and REO properties, including specific rules around wholesaling. Some jurisdictions may require a real estate license for wholesaling and foreclosure investing, while others might have strict regulations on advertising distressed properties and are generally not investor-friendly. 

It's vital to familiarize yourself with these laws or consult with a real estate attorney to ensure you're compliant.

Transparency with Homeowners and Banks

When dealing with pre-foreclosures, you're working directly with homeowners in distress. It's crucial to approach them with empathy, transparency, and integrity, clearly communicating your intentions and how the process will work.

With banks, being upfront about your intentions to wholesale an REO property is important. Some banks may not allow properties to be assigned to other buyers, so you'll need to understand their policies before proceeding.

Property Condition

Pre-foreclosures and REO properties may have deferred maintenance or serious damage due to financial hardship or neglect. This can impact the cost of repairs and your profit margins. Thorough property assessments and conservative repair cost estimates are critical.

Market Knowledge

Understanding your local real estate market is key when you wholesale REO and pre-foreclosure properties. This includes knowing the values of homes, the cost of repairs, the demand for properties, and the availability of potential end buyers. 

Without a solid understanding of the market, it's easy to overestimate a property's value or underestimate repair costs, negatively impacting profitability.

Financing

Wholesaling typically involves no money to purchase the property, but there can be expenses needing transactional funding such as earnest money deposits, closing costs, or marketing expenses. Having access to short-term financing or liquid capital can help cover these costs. 

Finding Buyers

Having a network of potential buyers is crucial for quickly moving properties and maintaining profitability. This can include other investors, flippers, or landlords. If you don't have a ready pool of buyers, your wholesale deal can fall through.

Time Constraints

Timing is a crucial factor, especially with pre-foreclosures, since there is a sale deadline. The window between the Notice of Default and the auction can be short, requiring fast action from the private investor. REO properties also often have strict timelines for accepting offers and closing the deal.

Steps in Wholesaling Pre-Foreclosure

Steps in Wholesaling Pre-Foreclosure

The steps in wholesaling pre-foreclosure and foreclosure properties may vary depending on some state laws. This section details the difference between the two.

Step 1. Find Leads

Finding leads is the foundational step in wholesaling pre-foreclosure properties. Identifying individuals facing potential foreclosure in your target area requires a thorough and methodical search. 

You can start by combing through public records to locate foreclosure lists. As mentioned, when a homeowner falls behind on their mortgage monthly payment, the lender files a Notice of Default (NOD) or lis pendens, depending on the state. 

These notices are part of the public record, and many counties have them available online. If not, you might have to visit your local county courthouse to obtain this information.

Additionally, you can employ the strategies in lead generation we listed in an earlier section of this blog.

Step 2. Visit the Property and Make Calculations

The next critical step in the process is to visit the property and make the necessary calculations to ensure a profitable deal. 

Start with a thorough evaluation of the property. While a complete inspection might not be possible at this stage, try to get a good idea of its condition. Look for signs of significant damage or issues that might require expensive repairs, such as structural problems, roof damage, outdated electrical systems, or plumbing issues.

Once you've assessed the property, estimate the repair costs. These should include materials, labor, permits, and a buffer for unforeseen expenses. 

Simultaneously, determine the property's After Repair Value (ARV). ARV is an estimate of the property’s value after all repairs and renovations are completed. To calculate ARV, examine the sale prices of comparable properties in the same area that have sold recently.

After determining the ARV and repair costs, you can calculate your Maximum Allowable Offer (MAO), the maximum amount you can pay for the property while ensuring a profit. A common formula used by wholesalers is MAO = (ARV * 70%) - Repair Costs.

Step 3. Approach the Homeowner with an Offer

After calculating the MAO, you can approach the homeowner with an offer. This stage requires delicacy and professionalism, as these homeowners are dealing with financial stress and the prospect of losing their homes.

Begin by building rapport and demonstrating empathy for their situation. Convey that your intent is not to capitalize on their misfortune but to offer a solution that might be mutually beneficial.

Explain the advantages of your offer clearly. Show them how accepting your offer can help them avoid foreclosure, alleviate their current financial burdens, and potentially mitigate damage to their credit score. Make sure to answer any questions they have honestly and transparently.

Negotiate the price based on your MAO. Remember, the goal is to agree on a price that leaves room for you to make a profit after selling the property.

Step 4.1 Assign the Contract

Once you've reached an agreement with the homeowner, the next step is to sign a purchase agreement and then assign that contract to an end buyer.

The purchase agreement should include a clause that allows the contract to be assigned, which is what enables you to transfer the purchase rights to another cash buyer. Once the seller signs a contract, you'll sell this to an end buyer – usually another real estate investor – for a fee, which is how you make a profit.

After you've found a buyer, you will assign the contract to them using an assignment agreement. This agreement transfers your rights as the buyer to the assignee. They will then complete the purchase of the property under the terms of the agreement you initially set with the seller.

Step 4.2 Double Close or Simultaneous Close with a Buyer

If you are wholesaling a foreclosed property or an REO property and the bank accepts your offer (maybe in a form of a land trust) and you already have a contract, the next step is to double close or conduct a simultaneous close with a buyer.

In a double closing, you'll first close on the property with the bank. Immediately after, you'll close a second time with your new buyer for a higher price. Always make sure that you use the funds from the second closing – the one with your end buyer – to fund the first closing with the bank.

Simultaneous closings are similar, but technically, there is only one closing. In this situation, the contract with the bank is directly assigned to the end buyer, who then purchases the property according to the original terms.

Both methods effectively transfer the property from the bank to your end buyer, with you making a profit in the process. However, these transactions can be complex and require careful coordination, often involving a title company or closing attorney to ensure any legal action is addressed correctly and diligently.

Final Thoughts: Can You Wholesale a Pre-Foreclosure Property?

Wholesaling foreclosed homes or bank-owned properties is one of the best ways to earn substantial profits with relatively little upfront capital, provided the necessary due diligence is performed. 

With a deep understanding of the process of wholesaling REOs - from finding leads, assessing the property, making a calculated offer, to the final closing - you can navigate this niche real estate market successfully.

Ready to start wholesaling your first pre-foreclosure and foreclosure property? Connect with us at Property Leads. We have different types of motivated seller leads and some of which might be foreclosures.

Fill out the form below to start getting motivated seller leads from us!

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