Add Your Guide to REO Properties In Alabama
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[redfin.com](https://www.redfin.com/city/11203/CA/Los-Angeles/open-houses)<br>After a moratorium on foreclosures due to the Covid-19 pandemic, foreclosures are now rising. As an outcome, we can anticipate to see a boost in the number of REO residential or commercial properties offered on the market in the coming months.<br>
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<br>Whether you're a relatively brand-new real estate agent or one who's remained in business for a while, you probably could utilize a refresher on these bank-owned homes.<br>
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<br>Our resident REO specialist, Jeff Underwood, shares what real estate agents require to learn about REO residential or commercial properties in Alabama.<br>
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<br>What is an REO residential or commercial ?<br>
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<br>Put simply, an REO residential or commercial property is realty that is owned by a bank or loan provider after failing to offer at a foreclosure auction. But to truly understand REO residential or commercial properties, you first need to comprehend the foreclosure process.<br>
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<br>The Foreclosure Process<br>
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<br>When a private with a mortgage stops paying on that mortgage for any reason, the foreclosure procedure will begin. The mortgage contract will consist of language about when the bank can begin this process. Typically, a lending institution won't begin the foreclosure process up until the customer has actually missed out on four successive payments.<br>
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<br>Not all residential or commercial properties that go into the foreclosure process are really foreclosed upon. Jeff Underwood, managing attorney at South Oak Title & Closing in Auburn, says, "In numerous cases, the mortgage is reinstated or the lender will exercise loss mitigation options to prevent foreclosure. A debtor who submits for Chapter 13 insolvency will also stop the foreclosure procedure."<br>
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<br>This process looks different in every state. Underwood explains, "Alabama is a nonjudicial state. This means that the bank does not need to submit a suit against the defaulted mortgagor to foreclose. Instead, the bank sends out a series of notices that informs the mortgagor that they are in default and offers details about reinstatement. Failure to do so will lead to a foreclosure sale." Other states, such as Florida, require lending institutions to file a suit versus the mortgagor in state court to foreclose.<br>
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<br>In Alabama, notifications about the upcoming foreclosure sale are likewise released in the county paper for three weeks. If the bank or lending institution is the high-bidder or only buyer at the foreclosure sale, this residential or commercial property ends up being "property owned", or an REO residential or commercial property.<br>
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<br>Selling an REO residential or [commercial](https://realestategrupo.com) property<br>
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<br>Jeff Underwood says, "Lenders aren't in the business of maintaining these residential or commercial properties. Their goal is to sell the home and recoup their losses from the foreclosure. After the foreclosure sale, the residential or commercial property will go on the marketplace as an REO residential or commercial property." The lender sends a referral for this residential or commercial property to both a realty brokerage and a title business.<br>
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<br>Listing Process for REO residential or commercial properties<br>
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<br>Listing an REO residential or commercial property for sale is really comparable to noting any other residential or commercial property, with a couple of essential distinctions. There's still a check in the lawn, a listing on the MLS, and images of the residential or commercial property. The broker's goal is to [discover](https://www.phoenixpropertymanagement.co.nz) a buyer for the residential or commercial property. But rather of a [specific](https://basha-vara.com) client, the broker represents a loan provider. On the MLS, this residential or commercial property will be designated as bank-owned.<br>
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<br>Underwood says, "These residential or commercial properties might not look like a common home that's market-ready. We had one REO residential or commercial property where the previous owner took everything out of the home, consisting of sinks and banisters. The bank will hire a business to tidy things up and ensure things are working, but purchasers won't discover a staged, upgraded home."<br>
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<br>Lenders desire to sell REO residential or commercial properties for reasonable market worth as quickly as possible, so prices is determined by getting a BPO, or broker price opinion. Two real estate agents will offer their opinion on the market rate of the residential or commercial property, and after that these viewpoints are averaged to get the list cost. If the residential or commercial property [languishes](https://www.jukiwa.co.ke) on the marketplace, the bank will start dropping the price in incremental percentages to discover a buyer.<br>
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<br>Title Process for REO residential or commercial properties<br>
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<br>When the [title business](https://tbilproperty.com) receives the referral for an REO residential or commercial property, they will start a title search, just as they would for any other residential or commercial property. "We do this before the residential or commercial property is listed for sale, and just like any title search and examination, we're trying to find any possible problems so that we can provide a clear title to the purchaser," Underwood describes.<br>
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<br>If the title is clear, this file is prepared for when the residential or commercial property goes under [contract](https://terrenospuertomorelos.com). If there are concerns that need to be resolved such as judgments, encumbrances, or liens, the title business will clear the title so that it's prepared for a future purchaser. Once the residential or commercial property goes under agreement, all that's needed is an upgrade to title.<br>
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<br>Common Title Issues with REO Properties<br>
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<br>Several common title concerns can develop with REO residential or commercial properties. Tax redemption problems are particularly common. In Alabama, taxes are paid in financial obligations. If they're not paid by December 31, they go through penalties and interest. If taxes are still overdue by April, the county will have a tax sale in May. In many cases, the county is the high bidder. But in other cases, a 3rd party will purchase the tax certificate.<br>
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<br>Underwood states, "If the county owns the tax certificate, fixing this is a pretty simple process. But if it's owned by a third celebration, it can get made complex." To redeem from a private, a bank is required to pay the delinquent taxes, penalty, interest, in addition to the worth of any improvements on the residential or commercial property. In some circumstances, there can be an extended settlement process to remove this tax lien.<br>
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<br>Encroachment issues are also typical with REO residential or commercial properties. Residential or commercial property lines aren't always plainly marked, which is why studies are a necessary part of the title search and examination. Underwood describes, "An advancement is any structure that exists on a next-door neighbor's land or residential or commercial property - a fence, a shed, a mobile home, or perhaps part of a home or barn." It can be complicated to clear these problems and sometimes, a quitclaim deed may be required.<br>
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<br>And as with any other residential or commercial property, we can find any variety of other title concerns. Missing deeds, deeds in the back chain of title that lack marital status, and other encumbrances can also be discovered throughout the title search and examination. Title business experienced with REO residential or commercial properties understand exactly which problems to try to find and how to address them to present REO buyers with a clear title.<br>
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<br>Owner's title insurance coverage safeguards homebuyers from concealed threats to their title after purchase. A boosted owner's policy might be advised for individuals who purchase an REO residential or commercial property. But no matter the policy, REO residential or commercial property buyers must always know laws concerning the right of redemption.<br>
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<br>Right of Redemption Laws<br>
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<br>Individuals, consisting of the foreclosed debtor or heirs of the debtor, [deserve](https://www.bgrealtylv.com) to redeem or redeem a foreclosed residential or commercial property for as much as a year after the foreclosure sale. Underwood discusses, "To redeem a foreclosed residential or commercial property, the redeeming party should pay the amount of the foreclosure bid, interest, and other charges including taxes, insurance coverage, and repairs."<br>
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<br>"Because foreclosure sales can happen fairly rapidly in Alabama, the redemption duration is longer than in the majority of states. For mortgages originated before 2016, that redemption period is a year. For mortgages come from after January 1, 2016, the redemption period is reduced to 180 days."<br>
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<br>He continues, "Redemptions of foreclosed homes are very rare, but anybody buying an REO residential or commercial property needs to deal with an attorney who understands and comprehends the law." These laws differ from one state to another and can change, so constantly [consult](https://www.sub2.io) your closing lawyer with particular questions about the right of redemption.<br>
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<br>Buyers acquiring an REO residential or commercial property before the redemption duration expires requirement to be mindful that owner's title insurance will never ever offer affirmative protection over the right of redemption. For cash buyers, this will be noted as an exception in Schedule B-2 of the owner's title insurance plan for the period of the redemption period.<br>
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<br>Lenders supplying funding for REO purchases will usually require affirmative protection for the [remaining redemption](https://realtyonegroupsurf.com) period. Options, such as a bond, exist if the loan amount is up to 30% greater than the foreclosure quote, however buyers must comprehend that affirmative protection for the remaining redemption duration just protects the lender.<br>
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<br>The Future of REO Properties<br>
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<br>Due to the pandemic, a moratorium on foreclosures remained in location till November 2021. As this moratorium has lifted, lending institutions have implemented loss mitigation procedures to keep people in their mortgages and assist them keep their residential or commercial properties. However, if loss mitigation strategies are unsuccessful, the foreclosure procedure begins.<br>
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<br>[Underwood](https://kate.com.qa) says, "Foreclosure starts are up 39% over the last quarter, and we're expecting to see a boost in these as the year progresses. Starting in the 3rd quarter of this year, we'll begin to see a higher-than-normal percentage of REO residential or commercial properties on the marketplace. It will not resemble it was in 2008, but it will certainly be more than what we're used to seeing."<br>
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<br>There's no requirement for real estate agents to be intimidated by REO residential or commercial properties. As more of these residential or commercial properties appear in the MLS, real estate agents who [understand](https://casaduartelagos.com) the nuance of purchasing a bank-owned home are much better geared up to serve their clients.<br>
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<br>At South Oak Title and Closing, we love partnering with real estate agents to assist them much better serve their customers. Whether you have specific concerns about dealing with REO residential or commercial properties or just need an REO expert in your corner, we're here for you. Contact us with your questions today.<br>
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<br>Jeff Underwood<br>
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<br>Jeff is a Birmingham native and graduate of the Birmingham School of Law. He has spent years dealing with banks, loan providers, and REO residential or commercial properties through his time leading the REO department at a Birmingham law office. Jeff is married and has two children: one recent graduate and one present student at Auburn University.<br>
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<br>Jeff Underwood is the Managing Attorney at [South Oak](http://cuulonghousing.com.vn) Title & Closing in Auburn.<br>
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<br>This post is planned to provide basic details about REO residential or commercial properties in Alabama and need to not be considered legal suggestions. Laws worrying REO residential or commercial properties also vary from state to state. Please consult your local attorney with questions.<br>
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