Wednesday, May 26, 2010
by Nick Gioia, ABR, GRI, E-Pro
Fannie Mae is using a new addendum for their REO properties. What shocked me is that some REO agents did not even know about these changes in Baltimore.
As you may know all banks use their own addenda for REO sales. For many years now Fannie Mae has been using basically the same addendum which stated that the buyer MUST use the seller's title agent and that the cost of transfer taxes and stamps would be borne in full by the buyer. Fannie Mae is in fact EXEMPT from the payment of transfer taxes and stamps, although some local jurisdictions push the entire burden on the buyer without taking the exemption into account. The burden on the consumer for the payment of all transfer taxes and stamps, as you might imagine, can sometimes make or break a deal.
The addendum has been dramatically changed in that it now states "The closing shall be held at a place so designated and approved by the Purchaser". This is an absolute turnaround from previous versions wherein it stated that the purchaser MUST use the seller's title agent! Additionally, the contract no longer states that regardless of local custom Fannie Mae will NOT pay any portion of the transfer taxes and stamps! These two major changes have long be awaited by those of us who do REO work in Baltimore, Maryland.
The net effect of this new addendum is that the buyer can now make his/her own selection as to title agent and will then be better protected against any prior title defects. The fact is that the seller's title agents do not do 60 year title searches because they are not required to. In most cases, the title agent who is "representing" the seller is merely acting as a liaison between Fannie Mae and the buyer. Even in cases where the seller's title agent is doing the closing they still don't do a full title search. I have been told time and again that the only thing they (the seller's title agent) do is to get the title report from the foreclosure attorney who has reviewed title from the date of the foreclosed deed of trust forward.
CLICK HERE to view the new Fanne Mae Addendum
Additionally, and most importantly as far as the consumer is concerned, is that Fannie Mae will split the transfer taxes and stamps, AND, they won't use those transfer taxes and stamps costs as part of the buyer's closing cost credit!! This is a huge win for the consumer.
You may ask why did they change their addendum? The obvious answer, from a buyers perspective, is that there are more Foreclosures on the market and they wanted their properties to be more desirable to buyers. Unfortunately, the truth is that Fannie Mae is now trying to market their properties through REO agents and www.homepath.com for TOP Dollar to Home owners. As a common practice, over the first 30 days of a listing, they will reject all offers below list price - No Exceptions. That's right Reject! So if you are looking for a deal, don't expect to find one listed with Fannie Mae. On the 60th day Fannie Mae has started to co-list their properties on the MLS and with an auction house similar to Hudson & Marshall. The catch, if you are the listing agent, is that you have done all the pre-marketing and property management for the last 6+ months and the auction company gets the commission. The agent does NOT even get so much as a thank you. Buyers are still able to post a pre-sale bid with the auction company, but their pre-sale floor is usually 95% of list sale price.
It should also be noted that they have started to put deed restrictions on Investor non-owner occupant deeds. The restriction is as follows: "This deed restriction applies to non-owner occupied purchases. Buyer is restricted from selling/encumbering property for more than 120% of purchase price for a period of 3 months from date of close."
Nick Gioia | www.NGRealtyGroup.com