Add Your Guide to REO Properties In Alabama
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<br>After a moratorium on foreclosures due to the Covid-19 pandemic, foreclosures are now growing. As a result, we can anticipate to see a boost in the variety of REO residential or commercial properties available on the marketplace in the coming months.<br>
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<br>Whether you're a reasonably new real estate agent or one who's [remained](https://meza-realestate.com) in the organization for a while, you most likely might utilize a refresher on these bank-owned homes.<br>
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<br>Our resident REO expert, Jeff Underwood, shares what real estate agents need to understand about REO residential or commercial properties in Alabama.<br>
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<br>What is an REO residential or commercial property?<br>
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<br>Simply put, an REO residential or commercial property is property that is owned by a bank or lender after stopping working to offer at a foreclosure auction. But to truly comprehend REO residential or commercial properties, you first require to comprehend the foreclosure procedure.<br>
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<br>The Foreclosure Process<br>
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<br>When an individual with a mortgage stops making payments on that mortgage for any reason, the foreclosure process will start. The mortgage agreement will include language about when the bank can begin this procedure. Typically, a lender won't begin the foreclosure procedure until the debtor has actually missed 4 successive payments.<br>
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<br>Not all residential or commercial properties that go into the foreclosure process are actually foreclosed upon. Jeff Underwood, managing attorney at South Oak Title & Closing in Auburn, says, "Oftentimes, the mortgage is restored or the lending institution will exercise loss mitigation options to prevent foreclosure. A debtor who declares Chapter 13 personal bankruptcy will likewise halt the foreclosure process."<br>
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<br>This [procedure](https://www.proptisgh.com) looks different in every state. Underwood explains, "Alabama is a nonjudicial state. This suggests that the bank does not need to file a lawsuit versus the defaulted mortgagor to foreclose. Instead, the bank sends out a series of notifications that informs the mortgagor that they remain in default and provides information about reinstatement. Failure to do so will result in a foreclosure sale." Other states, such as Florida, require lending institutions to file a claim against the mortgagor in state court to foreclose.<br>
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<br>In Alabama, notices about the upcoming foreclosure sale are also published in the county paper for three weeks. If the bank or loan provider is the high-bidder or just buyer at the foreclosure sale, this residential or commercial property ends up being "genuine estate owned", or an REO residential or commercial property.<br>
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<br>Selling an REO residential or commercial property<br>
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<br>[Jeff Underwood](https://www.agentjill.com) states, "Lenders aren't in business of maintaining these residential or commercial properties. Their objective is to offer the home and recoup their losses from the foreclosure. After the foreclosure sale, the residential or commercial property will go on the market as an REO residential or commercial property." The loan provider sends out a referral for this residential or commercial property to both a genuine estate 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 few crucial differences. There's still a check in the backyard, a listing on the MLS, and photos of the residential or commercial property. The broker's goal is to discover a buyer for the residential or commercial property. But instead of an individual client, the broker represents a lender. 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 may not look like a normal home that's market-ready. We had one REO residential or commercial property where the previous owner took whatever out of the home, including sinks and banisters. The bank will employ a company to clean things up and make sure 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 fair market price as quickly as possible, so pricing is figured out by getting a BPO, or broker cost viewpoint. Two real estate agents will provide their opinion on the market rate of the residential or commercial property, and then these opinions are averaged to acquire the market price. If the residential or commercial property languishes on the market, the bank will start dropping the cost in incremental portions to discover a purchaser.<br>
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<br>Title Process for REO residential or [commercial](https://www.vitalproperties.co.za) properties<br>
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<br>When the title business gets 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 exam, we're looking for any prospective problems so that we can provide a clear title to the buyer," Underwood explains.<br>
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<br>If the title is clear, this file is all set for when the residential or commercial property goes under contract. If there are concerns that require to be attended to such as judgments, encumbrances, or liens, the [title business](https://commercialproperty.im) will clear the title so that it's ready for a future buyer. 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 typical title issues can occur with REO residential or commercial properties. Tax redemption concerns are particularly typical. In Alabama, taxes are paid in arrears. If they're not paid by December 31, they're subject to charges and interest. If taxes are still unpaid by April, the county will have a tax sale in May. For the most part, the county is the high bidder. But in other cases, a 3rd party will buy the tax certificate.<br>
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<br>Underwood states, "If the county owns the tax certificate, fixing this is a quite simple process. But if it's owned by a 3rd party, it can get made complex." To redeem from a specific, a bank is needed to pay the delinquent taxes, charge, interest, along with the value of any [enhancements](https://seedrealty.in) on the residential or commercial property. In some circumstances, there can be a prolonged settlement process to remove this tax lien.<br>
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<br>[Encroachment](https://www.munrorealty.com.au) issues are also common with REO residential or commercial properties. Residential or commercial property lines aren't constantly clearly marked, which is why studies are a needed part of the title search and examination. discusses, "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 issues and in many cases, a quitclaim deed might be needed.<br>
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<br>And as with any other residential or commercial property, we can find any number of other title problems. [Missing](https://qheemrealty.com) deeds, deeds in the back chain of title that lack marital status, and other encumbrances can also be discovered during the title search and exam. Title business experienced with REO residential or commercial properties know 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 protects property buyers from concealed dangers to their title after purchase. An enhanced owner's policy might be suggested for people who buy an REO residential or commercial property. But despite the policy, REO residential or commercial property buyers need to always know laws worrying the right of redemption.<br>
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<br>Right of Redemption Laws<br>
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<br>Individuals, including the foreclosed debtor or beneficiaries of the debtor, deserve to redeem or redeem a foreclosed residential or commercial property for approximately a year after the foreclosure sale. Underwood describes, "To redeem a foreclosed residential or commercial property, the redeeming celebration must pay the amount of the foreclosure bid, interest, and other charges including taxes, insurance coverage, and repair work."<br>
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<br>"Because foreclosure sales can take place fairly rapidly in Alabama, the redemption duration is longer than in many states. For mortgages came from before 2016, that redemption duration is a year. For mortgages stemmed 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 extremely unusual, however anyone acquiring an REO residential or commercial property needs to deal with a lawyer who understands and comprehends the law." These laws differ from one state to another and can change, so constantly consult your closing lawyer with specific concerns about the right of redemption.<br>
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<br>Buyers acquiring an REO residential or commercial property before the redemption period ends need to be conscious that owner's title insurance will never ever supply affirmative protection over the right of redemption. For money buyers, this will be noted as an exception in Schedule B-2 of the owner's title insurance plan throughout of the redemption duration.<br>
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<br>Lenders offering financing for REO purchases will typically need affirmative protection for the remaining redemption period. Options, such as a bond, exist if the loan amount depends on 30% higher than the foreclosure bid, but buyers need to understand that affirmative coverage for the staying redemption period only secures the loan provider.<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 place till November 2021. As this moratorium has lifted, [loan providers](https://www.machinelinker.com) have executed loss mitigation treatments to keep individuals in their mortgages and assist them retain their residential or commercial properties. However, if loss mitigation strategies are not successful, the foreclosure procedure starts.<br>
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<br>Underwood says, "Foreclosure starts are up 39% over the last quarter, and we're anticipating to see an increase in these as the year advances. 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 market. It will not be like it was in 2008, but it will definitely be more than what we're used to seeing."<br>
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<br>There's no need for real estate agents to be frightened by [REO residential](https://dinarproperties.ae) or commercial properties. As more of these residential or commercial properties appear in the MLS, real estate agents who comprehend the subtlety of buying a bank-owned home are much better equipped to serve their clients.<br>
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<br>At South Oak Title and Closing, we [love partnering](https://www.agentjill.com) with real estate agents to help them much better serve their customers. Whether you have particular questions about dealing with REO residential or commercial properties or just need an REO professional in your corner, we're here for you. Contact us with your concerns 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 actually invested decades working with banks, loan providers, and REO residential or commercial properties through his time leading the REO division at a Birmingham law practice. Jeff is married and has two daughters: one recent graduate and one current trainee at Auburn University.<br>[bloglines.com](https://www.bloglines.com/living/role-luxury-real-estate-agents-need-know?ad=dirN&qo=serpIndex&o=740010&origq=real+estate+news)
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<br>Jeff Underwood is the Managing Attorney at South Oak Title & Closing in Auburn.<br>
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<br>This article is planned to provide basic info about REO residential or commercial properties in Alabama and should not be considered legal suggestions. Laws worrying REO residential or commercial properties likewise vary from one state to another. Please consult your [regional attorney](https://propertybaajaar.com) with questions.<br>[bloglines.com](https://www.bloglines.com/living/top-qualities-look-real-estate-agents-near?ad=dirN&qo=serpIndex&o=740010&origq=real+estate+news)
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