Tag Archives: HUD

How to HUD: Part II. Tips and Suggestions from a local program facilitator

This is essentially a guest post as it is entirely a re-print (with permission) of an email Re/Max Properties Clement Team just sent out. I’m not sure how many agents actually received this, but the quality of the email is very, very high.

HUD deals are tough. They no longer pay up to a 5% commission, and they’re still based on net to HUD (price less commission less closing cost concessions) so I have the feeling fewer agents are working them. They also require a $100 key chain of keys once you’re under contract and have more expensive inspections (no utilities on, need air-pressure tests, etc.). The bottomline however is that they remain one of the very best deals out there, especially for owner-occupants. I just closed one earlier this month and am showing another today to an investor. Like any good deal, they take time, patience, and a sense of humor.

REPRINTED WITH PERMISSION OF THE CLEMENT TEAM, RE/MAX PROPERTIES COLORADO SPRINGS on October 28, 2011

RE/MAX Properties, Inc
Helpful HUD Information

1. Buyer Education
2. $100 FHA Down Payment Program
3. Common Contract Errors
4. Helpful Closing Hints
5. Contract Extensions

Greetings!
The following contains some helpful information when your buyer is considering the purchase of a HUD owned property.

Buyer Education

Meet with your buyer and EDUCATE him on the bidding process, requirements, expenses, etc. before submitting a bid

All HUD homes are sold AS-IS. Under no circumstances can any repairs be made prior to closing.
Bids are reviewed nightly and ranked by a computer (bids must be in by 11:00 pm MT to be counted for that day). This includes weekends, even though the bids are not reviewed on the weekend, Fridays bids will be reviewed first, if there is not an acceptable bid, then Saturday bids will be opened, etc.
The highest net to HUD wins
After a bid is acknowledged the fully executed contract and all addenda, pre-qual, EM check, etc. must be sent overnight to arrive within 2 business days to the Asset Manager.
All documents must be original signatures in blue ink
Please plan accordingly if your buyer is going out of town
Investors CANNOT get earnest their money refunded – Advise preliminary inspections prior to submitting a bid
A $150 fee must be submitted to the Field Services Office for permission to activate the utilities during the winterization period
If the utilities have been off for an extended period, a contractor may have to pull a permit and have the system (gas and/or electric) inspected prior to activation. The permits cost about $54 plus the amount the contractor charges. Don’t forget that some utility companies charge an account activation fee (CSU charges $30 to activate).
A typical home inspection costs $300-$350 and if there is an issue, the report is needed as substantiation to get the earnest money refunded for owner occupant buyers.
The plumbing can always be pressure checked if permission is not obtained to activate the water in the home. Cost is about $150-$200 to test.
HUD does not provided Title Insurance – this is a buyer expense that can be included in the closing costs (line 5 of the purchase agreement)
Appraisal fee – The FHA appraisal that was performed prior to listing is available to the successful bidder

$100 FHA Down Payment Program

1. Are all properties eligible for this incentive?
A. No, only properties advertised to the general public that are eligible for FHA financing including the 203K loan program with owner occupant buyers quailfy. Properties advertised through HUD’s Good Neighbor Next Door programs are NOT eligible for this incentive.
2. Is the $100 down payment incentive available to investor buyers?
A. No. the $100 down payment option is available for owner occupant buyers only.
3. Is the $100 down payment incentive available to nonprofits?
A. No. Nonprofit organizations have established discounts that are already in place. This incentive is not available for use by nonprofits.
4. Does the type of financing impact whether or not my buyer(s) can take advantage of the $100 down payment incentive?
A. Yes. The $100 down payment incentive is available only to owner occupant buyers using FHA financing to purchase their home.
5. My buyers were awarded a bid on an eligible property and started out using conventional financing. They would now like to switch over to FHA financing. Can they take advantage of the $100 down payment incentive?
A. Yes. So long as the property meets the eligibility requirements for the incentive, buyers can change financing and still take advantage of the $100 down payment incentive.
6. If my buyer uses 203(k) financing to purchase a home, can they take advantage of the $100 down payment incentive?
A. Yes. Please be aware that the 203(k) program may be used only on properties listed Uninsurable (UI). However, FHA also offers a financing option designated “Streamline 203(k)”. Streamline. 203(k) financing can be used on properties listed Insured (IN) or Insured with Escrow (IE).
7. Will the use of the $100 down payment incentive impact the net sales price?
A. No. Using the $100 down payment incentive has no bearing on the calculation of the net sales price.
8. My buyers won the bid but bid more than the appraised value to ensure that they would win. Can they still buy the home for $100 down?
A. No. FHA guidelines require that the buyers still have to bring in the “overbid amount” in the form of cash as part of the down payment. Obtaining a second appraisal to justify the overbid to receive the $100 down payment incentive is NOT allowed.
9. How long will this incentive program last?
A. At this time, HUD has indicated the program will be in effect through October of 2012.

Common Contract Errors

1. Buyer forgets to initial Line 12.

2. Name on contract does not match the name on the bid.

3. Financing type on the contract needs to be the same as when the bid was placed.

4. On the Lead Based Paint Addendum the Broker MUST initial where required. DO NOT USE CHECKMARKS.

5. Lender Letter does not indicate all the required items: loan type, loan amount, sales price, credit verified and name, title, contact information and signature of loan officer.

6. Money orders or other certified funds for earnest money MUST be made payable to HUD or Buyers name.

7. Dollar amounts on lines 5, 6a, 6b, & 7 do not match the bid.
8. Buyer or Broker signs in HUD’s space.
9. Authorization letter not included for agent to sign on behalf of broker
10. Not following all instructions on the correction email. Second revisions are coming in with NEW errors because they did not compare to original contract.

Helpful Closing Hints

Make sure the lender is only sending FINAL figures to American Title – any changes to the numbers means the clock starts over
Allow 8 business days for closing after Final figures are sent to American Title
American Title prepares HUD-1 for lender and realtor approval (2-3 business days)
Approved HUD-1 is mailed out to seller, HUD who has 3 business days to review and approve the closing package, sign and return it by mail. (4 days)
Closing package must be received 1 day prior to closing
Total of 8 business days
Any changes to HUD-1 will restart the entire process
Be aware of the contract expiration date! EXPIRED CONTRACTS CAN NOT BE REINSTATED OR CLOSED.
Request for an extension must be submitted as outlined below no less than 1 day prior to contract expiration. If you do not have a closing scheduled and it is 8 days or less to the contract expiration date, go ahead and file for the extension!

Contract Extensions

To request an extension request the following must be delivered to American Title:
Extensions are purchased in blocks of 15 calendar days.
A complete extension request form signed by the buyer.
You must use the correct form for the Asset Manager to whom the file is assigned. Incorrect forms will not be accepted.
Check the extension fees scheduled for the correct amount required.
Matt Martin assets – the fee is a flat $375.00 regardless of purchase price.
Pemco and Hometelos assets – fees as follows:
i.     $25,000.00 or less the fee is $150.00
ii.     $25,000.01 to $50,000.00 the fee is $225.00
iii.     $50,000.01 and over the fee is $375.00
All extension fee checks must be made payable to HUD (certified funds only). No personal checks or cash will be accepted. Wires are acceptable.
Extension requests must be submitted to American Title, preferably five business days prior to expiration date of the contract, but no less than 1 day prior to expiration
The buyer is only charged for the days that are actually used, any unused days will be refunded to the buyer

How to HUD. Learn from my Pain.

Sigh… I just sent an “Everyone” email that was worth re-printing.

Learn from my pain. This information is saved on the network directory, but you might want to print this out and save it. Since I’ve done a few HUD deals lately, my reputation has leaked out and I have been getting a lot of calls from other agents. This will hopefully prevent you from having to call me, in a panic, while you have your buyer standing there and you’re trying to submit a bid or complete a contract.

·         First, show HUD homes. They’re a pain in the butt contract-wise, but they’re pretty amazing deals. Go through the pain and you shall get referrals from your appreciative clients.

·         Second, advise your clients that they are a royal pain, but you’re willing to give it a go. Tell them before you ever show them one that if they buy it, they will have a much more labor-intensive escrow period filled with lots of uncertainty. For instance, it might be 3 to 5 weeks before you even inspect the thing.

·         Third, get a HUD key. If you don’t want to buy one for $2 from Bruce Betts, go downtown to Henley’s. There is no reason not to spend less than $10 and have a tool that lets you open up some of the best buys in the city. Mine is not available because it is attached to my car keys. Sorry to be blunt, but it you have an RSC key, and in a market like this one, you need to have one eye on opportunity and another eye on doing something remarkable for your clients. This tiny investment lets you do both.

·         Fourth, only work with lenders and inspectors that are top notch. Sorry if they’re expensive and your buyers are poor. The houses are listed cheap and have $100 move in options. Opportunity requires a little cash here and there. I make some comments later about only using experienced lenders, and you might be an inexperienced broker in doing a HUD sale. Trust me when I say: the burden is on the lender. As long as you are proactive with your communication, you can fix almost anything. Plan for the worst (especially on an inspection, over, over, over inspect) and surround yourself with pros.

·         Fifth, remember the purpose of HUD sales is liquidation. Yes, the highest and best net offer wins, but also, these are being liquidated from HUD’s books. If it was easy, everyone would do it.

The essentials

Our Broker EIN

________. This is 8 numbers.

SAMS NAID

__________. This is six letters and 4 numbers.

MCBREO.com is where to find HUD homes in CO

http://www.MCBREO.com is where all HUD homes are listed; all forms are available; all contact information is provided; all offers are submitted; all winning bid history is saved.

Don’t even bother trying to have a correspondence with HUD about buyer names and property addresses. The 10 digit HUD Case number is required on all documents.

Do not submit a bid until you have your buyers’ social security numbers (both), phone numbers, address information and dates of birth. HUD doesn’t like to sell more than one home to a person. They need this at the time of bid.

HUD only cares about net dollars. A likely winning bid is full asking price, 3% in closing costs and a 3% commission. You can get up to a 5% commission, but you’re playing roulette with your buyer: if you ask for a 5% commission and 2% in closing costs, you’ll lose to someone who goes 3 & 3%. Please note: HUD doesn’t pay for title insurance. So when you are getting your GFE, that thing we all complain about on the new 2010 GFE’s where it shows the title insurance as a buyer expense? It is CORRECT AND APPLICABLE for HUD Homes. The buyers pay that expense. Tack on an extra grand in closing costs and have the GFE in hand BEFORE you submit a bid.

You MUST HAVE The Owner/Broker’s ORIGINAL (that means blue ink folks) signature on any offer submitted. In the event of Broker absence, you need a Designee’s signature accompanied with a photocopy of the letter authorizing Designee’s ORIGINAL signature. Maybe they accepted the stamp in the past, they were being nice. They’re not being nice anymore.

You can buy owner-occupied homes via an FHA loan for only $100 down. It must be exactly full price to do this. You can go over asking price, but every dollar you go over is tacked on to the $100 move-in rate. So if you’re in an obvious bidding war and go $3000 over, that’s a $3100 move-in. Not bad, but not $100. If you offer a dollar less than full price it is 3.5% down. The $100 move in does not apply to investor purchases. HUD is in the business of homeownership and apparently good neighbors. They give preferential treatment to primary residents, and then good neighbors get even better treatment (many, many restrictions, but 50% off of appraised value if bought in first week to teachers, first-responders in designated “improvement areas”). All HUD homes are FHA loan eligible. That does not mean FHA-condition compliant. They probably have leaking gutters, bad drainage, blown up furnaces, peeling paint, etc. But they are already pre-appraised so that is not an expense to buyer, and the appraisal takes on market conditions and then applies anything from a 10 to 20% discount to that value.

When you win your bid, you have two business days to get everything personally delivered or Fed Ex’ed to Glendale, CO. Get ready to scramble. You need original signatures on everything and there are a lot of signatures. The contact and the owner occupancy addendum always require original signatures, they will usually accept fax or email scans of correction addenda or supplementary documentation.

When someone sends a correction request, only submit that correction request to the person making the request. Always reference the HUD Case number.

If you don’t know what to do about a repair escrow or 203K financing, call MCBREO.

Earnest Money checks must be good funds (cashier’s check or money order) made payable to HUD. It used to be advisable to have them made out to the buyers so they could then endorse them over to HUD or the title company setting up the escrow. At least at this writing, they won’t even accept an endorsed good funds check, it must say “HUD” on the check. When you submit paperwork on an offer, do not include the earnest money check. Submit a copy. When they accept the offer and you get that joyous fax after one or two correction requests, two Fed Exes, a panicked email and three phone calls trying to track down Louise… only then do you Fed Ex (yep, that’s 3) the check to HUD.

Budget $750 for an inspection. You will have to have the utilities turned on and probably you the agent get to pay for those as a supplement to your home residence utility bill. CSU is great with this, the other utility providers, eh… not so much. It confuses the heck out of them. In addition to that, the property is probably winterized. You will need to do an air pressure test of the plumbing system from a licensed plumber. I’ve been down the bad road on this. Be careful who your plumber is. The one I’m working on needs a new furnace and has a $3850 repair escrow. We need to make sure $3850 will cover a new furnace. So on this one we have a general home inspection; utility turn on and off; plumber inspection; HVAC inspection. We’re getting close to $750. You will also have to have the home inspected by a home inspector. HUD will not correct a thing. I repeat, HUD doesn’t care what you find, that’s why they priced it the way they did. If you don’t want the property, don’t buy it. They’re happy to lower the price and put it back on for someone else.

HUD transactions must close within 45 days of HUD’s contract acceptance.

Today is May 19, 2010. We are in the escrow period between the tax credit deadlines. They are giving priority treatment to all contracts written before April 30th so they can close before June 30th. If you wrote/write an offer after May 1, get in line. It is one to 3 weeks until they will let you know of their recent, any corrections, or sign the contract. Make sure your lender locks are on a 60 day schedule.

Never, ever, ever use a lender that has not done a HUD deal “recently”, at least in the last year. There are so many moving parts to all HUD transactions, that the last thing your buyers need/want is to miss out on a great deal (they are often exceptional, especially on a $100 move-in) due to lender unfamiliarity/incompetency. I meant to use that last word in a very broad sense. If a lender says “we’ll figure it out”, go elsewhere. Starkey has been very good with these as well, but Jim’s gov’t processor has been excellent as well. They need systems out the wazoo… and  a sense of humor.

Lastly, HUD will come to the office to close. They have two different title companies out of Denver that close the deals, both have mobile closers that will come here for the closing. Bruce Betts will probably not be informed of the closing for weeks, so when you close, remove the sign, place against the property in the sideyard and fax or email Bruce something from the closing indicating that it is closed, you sold it, your MLS number, and please remove the sign. Bruce’s office has next to no information on these properties, why they come back on market, what their room sizes are, etc. and that’s not his fault or his office’s. He’s just the lucky guy who gets to put them in the MLS and place a sign on them. His office doesn’t know much, but that doesn’t mean that they try and be unhelpful. The same can be said for MCBREO. They always drive me nuts, but understand, they’re enforcing rules and regs that apply to all 50 states and have a hierarchy of priority that probably leaves your client behind somewhere. They don’t mean to offend or be difficult, they have a rough job. Give ‘em a break and it’s amazing how much smoother things will run.