Buying a foreclosure can save you 10-30% off market value, but comes with significant risks including property condition issues, limited inspection opportunities and complex purchase processes. The three main ways to buy foreclosures are pre-foreclosure (from distressed owner), auction (at courthouse steps) and REO (bank-owned after failed auction). REO properties offer the most protection for typical buyers. Always inspect when possible and budget for repairs.
Types of Foreclosure Purchases
Pre-Foreclosure
What it is: Buying directly from the homeowner before the foreclosure auction
How it works:
- Owner is behind on payments
- Property is in foreclosure process
- You negotiate directly with owner
- May be a short sale (lender approval needed)
Pros:
- Can negotiate directly
- Full inspection usually possible
- Standard purchase process
- Owner may be motivated
Cons:
- May require lender short sale approval
- Owner may be difficult to work with
- Property may have deferred maintenance
- Emotional situation for seller
Auction (Trustee Sale)
What it is: Buying at the courthouse steps or online auction
How it works:
- Property sold to highest bidder
- Cash or certified funds required
- Little or no inspection opportunity
- Bought “as-is”
Pros:
- Potential for biggest discounts
- Fast acquisition
- Clear title (usually)
Cons:
- Cash required (typically)
- No inspection
- No financing contingency
- May have occupants
- Hidden liens possible
- Highest risk
REO (Real Estate Owned)
What it is: Bank-owned property after failed auction
How it works:
- Bank owns property
- Listed through real estate agent
- Standard offer and closing process
- Sold “as-is” but inspectable
Pros:
- Can usually inspect
- Standard financing accepted
- Clear title
- Professional transaction
- Vacant property typically
Cons:
- Less discount than auction
- Sold as-is
- May have deferred maintenance
- Bank may be slow to respond
Finding Foreclosures
Where to Search
REO listings:
- MLS (through your agent)
- Bank websites (Wells Fargo, Bank of America, etc.)
- HUD Home Store (FHA foreclosures)
- HomePath.com (Fannie Mae)
- HomeSteps.com (Freddie Mac)
Auction listings:
- Auction.com
- County courthouse notices
- Legal newspapers
- RealtyTrac
Pre-foreclosure:
- Foreclosure listing services
- Public records (notice of default)
- Driving neighborhoods
Working With Professionals
Real estate agent:
- Find agent experienced with foreclosures
- REO listing agents work with banks regularly
- Buyer’s agent can work through complexities
Attorney:
- Especially for auction purchases
- Title review
- Contract review
- State-specific requirements
The REO Purchase Process
Step 1: Get Pre-Approved
Banks want serious buyers. Have pre-approval ready before making offers.
Step 2: Find Properties
Search through:
- MLS listings marked as REO/bank-owned
- Bank foreclosure websites
- Fannie Mae/Freddie Mac sites
Step 3: View and Inspect (If Possible)
- Schedule showing through listing agent
- Note obvious issues
- Full inspection contingency may or may not be available
Step 4: Make an Offer
Offer includes:
- Purchase price
- Proof of funds or pre-approval
- Earnest money deposit
- Timeline
Expect:
- Bank counter-offers
- Addendums and disclosures
- Bank’s own purchase agreement
Step 5: Bank Review
Banks may take 1-4 weeks to respond:
- Asset manager reviews
- May have multiple offers
- Patience required
Step 6: Inspection Period
If inspection contingency allowed:
- Complete inspection quickly (often 7-10 days)
- Document all issues
- Negotiate repairs or walk away
Note: Banks rarely make repairs—expect as-is or credit.
Step 7: Close
Standard closing process:
- Title search
- Financing finalization
- Document signing
- Property transfer
Auction Purchase Process
Before the Auction
Research:
- Property address and legal description
- Outstanding liens (title search)
- Property condition (drive-by)
- Market value of comparable sales
Prepare funds:
- Cashier’s check for deposit (often 5-10%)
- Proof of funds for full amount
- Know your maximum bid
At the Auction
What to expect:
- Auctioneer announces property
- Opening bid (often starting at debt amount)
- Bidding continues until highest bid
- Winner pays deposit immediately
After Winning
Immediately:
- Pay deposit
- Sign purchase documents
- Receive trustee’s deed
Within closing period (often 30 days):
- Pay remaining balance in cash
- Arrange title insurance
- Take possession
Auction Risks
Occupants:
- Previous owner may still live there
- Tenants may have rights
- Eviction may be required
Condition:
- No interior inspection usually
- May have major damage
- Could be stripped of fixtures
Title issues:
- Junior liens may survive
- Tax liens may survive
- Title insurance essential
Financing Foreclosures
REO Financing
Conventional loans: Yes, if property meets standards
FHA loans: Yes, with property condition requirements
VA loans: Yes, with VA minimum property requirements
203(k) rehab loan: Good option for foreclosures needing work
Auction Financing
Typically requires cash:
- Banks don’t finance auction purchases
- Must have funds available immediately
- Some auctions allow short financing period
Alternative: Hard money loan, then refinance
Property Condition Issues
Foreclosures may not qualify for standard financing if:
- Safety hazards exist
- Systems don’t function
- Structural issues present
- Deferred maintenance is severe
Solution: Renovation loans (FHA 203k, Fannie Mae HomeStyle)
Inspecting Foreclosures
When Inspection Is Possible
REO: Usually allows inspection period
Pre-foreclosure: Usually allows inspection
Auction: Rarely possible
What to Look For
Exterior:
- Roof condition
- Foundation cracks
- Siding damage
- Overgrown landscaping (sign of neglect)
Interior:
- Water damage
- Mold
- Missing fixtures/appliances
- HVAC functionality
- Plumbing (test all faucets)
- Electrical (test outlets)
Vandalism/neglect signs:
- Broken windows
- Graffiti
- Stripped copper
- Holes in walls
Budgeting for Repairs
Conservative approach:
- Get contractor estimates before buying
- Add 20-30% buffer for unknowns
- Have reserves beyond purchase price
Risks and How to Mitigate Them
Property Condition Risk
Risk: Hidden damage, no seller disclosures
Mitigation:
- Thorough inspection when possible
- Conservative repair budget
- Walk away if uncertain
- Consider renovation financing
Title Risk
Risk: Unknown liens, claims on property
Mitigation:
- Title search before purchase
- Title insurance required
- Attorney review for auctions
Occupancy Risk
Risk: Previous owners or tenants remain
Mitigation:
- Verify occupancy status
- Budget for eviction costs/time
- Know state eviction laws
Competition Risk
Risk: Multiple bidders drive up price
Mitigation:
- Know your maximum price
- Don’t overpay for “deal”
- Walk away if needed
Timeline Risk
Risk: Bank slow to respond or close
Mitigation:
- Patience
- Don’t commit to move date too early
- Have backup plans
Calculating If It’s a Deal
Compare to Market Value
Steps:
- Find comparable sales (similar homes sold recently)
- Calculate price per square foot
- Apply to foreclosure
- Compare to asking price
Factor in Repairs
True cost formula: Purchase price + Repairs + closing costs = Total investment
Example:
- Foreclosure price: $280,000
- Estimated repairs: $35,000
- Closing costs: $8,000
- Total investment: $323,000
Compare to similar homes in move-in condition.
Discount Needed
| Condition | Minimum Discount Needed |
|---|---|
| Move-in ready | 5-10% |
| Cosmetic updates needed | 15-20% |
| Major repairs needed | 25-35% |
| Extensive renovation | 40%+ |
Financing Options for Fixer Foreclosures
FHA 203(k)
For: Purchase plus renovation
Types:
- Standard: Major renovations, structural
- Limited: Up to $35,000 in repairs
Requirements:
- FHA credit/income requirements
- HUD consultant (standard)
- Licensed contractors
Fannie Mae HomeStyle
For: Purchase plus renovation
Features:
- conventional loan
- Up to 75% of after-repair value
- More renovation flexibility than 203(k)
Hard Money Then Refinance
For: Cash-equivalent speed
Process:
- Buy with hard money (high rate, fast)
- Complete repairs
- Refinance to traditional mortgage
Frequently Asked Questions
Are foreclosures really cheaper?
Often 10-30% below market, but factor in repairs, condition issues and competition. The best deals are usually at auction (highest risk) or distressed properties needing significant work.
Can I get a mortgage on a foreclosure?
Yes for REO properties that meet lender standards. Auction purchases typically require cash. Properties needing repairs may need renovation loans.
Why do banks sell foreclosures below market value?
Banks want to sell quickly—holding costs money. They’re not in the real estate business and prefer fast sales to maximum prices.
Should I buy at auction?
Only if you’re experienced, have cash and can accept significant risk. For most buyers, REO purchases through normal channels are safer.
How long does buying a foreclosure take?
REO: 30-60 days typical (bank response time varies). Auction: Immediate purchase, 30 days to close. Pre-foreclosure/short sale: 2-6 months (lender approval).
Can I negotiate on a foreclosure?
REO: Yes, banks often accept below asking price. Auction: No, highest bid wins. Pre-foreclosure: Yes, negotiate with owner (and lender for short sales).
What if there are people living in the foreclosure?
REO properties are usually vacant. Auction properties may have occupants requiring eviction. Know your state’s eviction laws and budget for this possibility.
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Sarah Mitchell
Licensed Mortgage Broker, 15+ Years Experience
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