When a bank’s level of non-performing loans and foreclosed assets increases to the point that the bank’s costs and expenses exceed its revenues, the resulting deficit erodes the bank’s net worth and reduces stockholders’ equity. Depending upon the particular bank’s level of net worth, a serious problem will result at some point in time unless steps are taken to mitigate the problems. This article deals with the administration of real estate properties that have already been foreclosed.
The lender must examine and truly understand both the regional laws of foreclosure, and the documents for the specific loan at hand. Depending upon the various factors contained in loan documents and the nuances of state foreclosure laws, there are usually factors that dictate the timing of when a foreclosure must be initiated. In some cases, a lender’s failure to initiate a foreclosure at the proper time might result in the postponement of the foreclosure to a much later time, allowing further arrearages to accrue and possibly further deterioration or damage to the collateral property.
Once the lender has decided to foreclose, the bank needs to have its foreclosure department ready to go.In the common language of a commercial bank, foreclosures are known as “OREO” (Other Real Estate Owned), as separate from the properties the bank uses and operates, such as their own offices. The equivalent term at savings banks is Real Estate Owned or “REO.”
Here are some guidelines for the successful management of foreclosed properties:
- Make sure that the homeowners’ or fire and extended casualty insurance is cancelled and that the property is added to the bank’s blanket insurance policy for foreclosed properties. (Note: I have seen properties lost to fire where there was no insurance coverage due to failure to monitor this activity.)
- Assign the responsibility for managing foreclosed properties to one person. If the level of foreclosures is sufficient to occupy one or more people fulltime, then this person almost certainly must be a new-hire.Don’t depend on the mortgage consultants that helped create the predicament to somehow solve the problems that they didn’t see coming. It is advantageous to have some “distance” between the OREO/REO managers and the original borrowers.
- Secure the properties immediately after foreclosure or abandonment. Maintain a central key repository in the OREO or REO department.
- Keep the properties looking decent. Do whatever is required to avoid deterioration of the properties.No property buyer, commercial or residential, wants to purchase an ugly piece of real estate.
- If there are things to be fixed on the property, find a “buy & fix-it-up” expert, and provide financing to make an attractive deal for all involved. Include a commitment to provide financing for the ultimate customer to whom the fix-up specialist will sell.
- Put up the “For Sale” signs immediately after the foreclosure. (Note: It is astonishing to me how many times I have gone into OREO and REO operations and found management amazed that a property has not sold, yet there is no “For Sale” sign on it!)
- Only list with a real estate agent if truly necessary.Your Department of OREO or REO will understand the property than any realtor, and your financing will be a major selling point to the purchaser.You are the one to control the financing, not the a real estate agent.
- Talk to the people next door and around the foreclosed property.Friends and family of the owner will often be interested in the property. Your offering favorable financing might be the factor that tilts the scales in favor of a relative relocating close to another relative.
- Inspect the properties regularly, and document what you find. Take any needed corrective actions immediately.
- Offer financing to entice buyers. Remember that a sale turns a cash consuming asset into a cash producing asset.
- Consider holding periods and the net present value of a probable future sale when setting a sales price.The “net” part of net present value allows for the holding costs which include insurance, taxes, any required maintenance, landscaping, and any expenditures such as repainting and other cosmetic projects that may be required to market the property competitively.
- Take note of OREO / REO events and issues at meetings of the Board of Directors. Directors often have market knowledge and contacts that can help with OREO / REO problems.
Getting all of these done can be quite a challenge. It requires special expertise to initiate all of these various activities and to keep them moving toward the multiple finish lines
About the Author
This article was written by one of Consolidated Consultants Co’s Banking Expert Witnesses. He is a manager and banking regulator, has successfully managed millions of dollars of distressed and foreclosed properties including single-family houses, condos, and land developments, apt complexes, and many others across the country. He is available on a contract basis to discuss your bank’s particular needs, and works regularly with real estate experts.