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Buying and closing process when it is an REO (Bank Owned Property)

email Claudine or call (760) 799 5308

Writing and presenting the offer
The offer needs to be presented with a proof of funds

  • If “all cash deal” a bank or financial institution statement showing your ability to pay for the purchase is mandatory
  • If financing: needs an approval by the bank who owns the property whether financing with that bank or not.

The transaction process

  • Once the offer is accepted by the seller (the bank), we receive a contract established by the seller stating all the terms of the sale that the buyer needs to sign. The Seller will then countersign the contract when returned to them. The date of “acceptance of the offer” (beginning of escrow) will be the date of signature of seller.
  • Buyer has 3 days to transfer the EMD (Earnest Money Deposit) to escrow
  • The seller will deliver a “clean” title to the buyer at close of escrow
  • Buyer will have traditionally 10 days (7 days only when a cash deal) from the day of “acceptance” to have all inspections and due diligence completed.
  • Termite inspection is paid and ordered by the seller (escrow will not close until a “clear report” is delivered)
  • Traditionally the property is sold “AS IS” and no repairs are completed by the seller (this is why we strongly recommend having a home inspection paid by the buyer)
  • The CC&r’s (home owners association covenants and rules) generally take up to 7 days to be prepared and sent to the buyer(at the buyer’s cost – about $250)  and this is the only contingency that is left beyond the 7 days (generally up 15 days) to enable the buyer to read and understand the documents.
  • The buyer must release contingencies on the 7th day except for the CC&r’s (10 to 15 days depends on the seller). At this time, the buyer still has the option of cancelling the transaction and receives his EMD (deposit) back.
  • Past that time, if you cancel you could lose your EMD

TIME IS OF THE ESSENCE IN A BANK OWNED PROPERTY TRANSACTION

 

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copyright Claudine Messika 2007

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