Recently I received a call from a colleague regarding an REO bulk package he had received from a broker. The package was in Southern California offered at $6M or a discount of .60 off current value of $10M. My colleague asked my opinion about such a package. I told him that if it sounds too good to be true, it probably is.
Many of you know California, along with Nevada and Arizona are commonly referred to as the “Diamond States.” These states are not like other areas of the country. They are highly desirable and much in demand, hence the discounts are less than commonly found in other states.
Contrary to popular belief, many local investors in these areas are buying between .70 to .75, holding and renting or reselling to retail buyers for .85 to .90 on the dollar. Could they buy for less in these areas? Quite possibly if they were purchasing inner city low end units requiring significant renovations. Those properties you could pick up in the mid .60s.
Many of these successful trustee buyers know it is nearly impossible to buy a pool from a bank or Freddie/Fannie Mac. Those prices are typically between .78 to .83 of FMV. So, these investors bypass them altogether and buy at the trustee sales held at the county courthouses. Obviously, you need to know what you are doing when purchasing at auction (another blog perhaps to discuss later). The most successful buyers are purchasing 25 to 100 homes per month. They are doing so in Los Angeles and Ventura counties as well as in Phoenix and Las Vegas. Needless to say, they are doing well.
Let’s return back to this Southern California package for .60 of FMV. Is it the real deal? Probably not and here’s why. Depending on the bank procedures, these REO lists are distributed to several brokers whose job it is to help move these properties individually in the local marketplace.
These brokers then offer these lists to other services, such as the one that contacted my colleague. The service then takes the list and breaks out the most desirable areas (e.g. California) and offers this sub-set to their investors as a bulk package. When offering it to a buyer, they usually mention that they have exclusive access to the buyer mandate representing the bank. Translation: it is the broker who obtained the list from the bank and provided it to the service. The service is offering this package to you as a bulk sale.
Along with the “package” you received, they include instructions for submitting offers. Most importantly, they tell you your initial offer needs to start at .60 of FMV in order to have a discussion with the bank but that the bank always reserves the right to counter. So, you do your due diligence by spending time ordering and paying for BPO’s. You then come back with an offer at the minimum acceptable price of .60 of FMV. The service “submits your offer.” The reason I use quotes is that most of the time, the service NEVER submits the initial offer. It is an enticement to get the buyer to submit an offer that will never be accepted. It helps the service separate the real buyers from the tire kickers.
After 3-4 days, the service contacts the buyer to tell them the bank countered at .68 and that is the minimum acceptable price but still reserves the right to counter again. Although you are not too pleased with the delay in responding, you decide to recheck your numbers and determine that .68 may still be a good deal and agree. Now, the service tells you that in order to submit the second offer, it needs to be accompanied with a proof of funds usually made out to the bank.
Here’s a behind-the-scenes look at what happens after your “second offer” is submitted.
1. The service takes your POF directly to the bank and attemps to negotiate a bulk purchase with them as the buyer at .60 to .63. They need your POF to get the bank to authorize the sale and issue the purchase agreement. The service is attempting to double close and sell it to you at .68 and keep the spread minus closing costs.
2. The bank responds by saying that these properties were not authorized as a bulk transaction but on a per asset offer basis.
3. The service believes they have the financial leverage to negotiate a better price since they are buying quantity with millions of dollars. The bank should be grateful to get these properties off their books quickly.
4. The bank responds again saying that it is not an authorized bulk sale and that if they want to buy, they have to make an offer on a per asset basis starting at the original bank price of .80, which is usually the starting point with a bank for CA REO’s.
5. After some back and forth, the service realizes they won’t be able to get the package at their pricing. They come back to the buyer with another counter offer at .80. They will gladly take you directly into the bank but you will have to pay them plus 3 points if you decide to move forward. At this point, the service is attempting to salvage the deal by brokering it.
6. This is unacceptable and the buyer pulls out of the transaction.
Many of you will ask, how do I know this? Well, I have been on the receiving end several times with these types of transactions when I first started out with REO’s. I also spoke extensively with authorized bank REO brokers as well as a few bank asset managers who confirmed this off the record. I have yet to see a successful transaction structured this way.
How do you spot these types of transactions? If you are new to selling REO’s, it will be a challenge since you are not familiar with true discounts specific to a geographically area. The typically signs include packages offered at $50M to $1B at deeply discounted prices in the diamond states; request for LOI/POF/MFA prior to seeing any inventory; promises of providing inventory specific to an area. The big warning sign is asking for a POF that would be sent to the service and not directly to the bank. NEVER EVER provide a POF to any broker or service. I personally have the buyer proof funds via escrow with the seller’s title company. You will never hear me ask for proof of funds and when buyers offer it to me, I decline. I don’t want the liability or responsibility.
Here’s an actual solicitation from a broker I received this week:
“My reason for contacting you is that I have become direct (no one between me and the seller). The product is REAL!!! I guarantee you. They own or have access to over $50 Billion Dollars worth of product today! The Process is as simple as can be. All they need is a “Letter Of Intent” from the BUYER signed by the BUYER with a Contact number for the SELLER to call the BUYER. The LOI should have exactly what the BUYER wants. Type of Product, State by State or Nationwide.. If the BUYER is looking for CA or AZ, they can ask for that in the LOI, but know that Product in those two States is very limited at this time. The SELLER will not talk to anyone but the BUYER on the phone call. With permission, you can have a Master of Arm’s on the call, but, they are there to just listen and make sure everything is on the up and up. I can guarantee you this. They are 100% REAL!!!! And, they are 100% honest!!!! After receiving the LOI from the BUYER, the SELLER will call the BUYER, usually, the same day but 99% of the time within 24 hours. If, both, the BUYER & SELLER are in agreement after the call, the transaction moves forward. The SELLER will do the MFA & NC/ND making sure that everyone is paid on the transaction.”
I usually don’t respond to these solicitations. Personally, I think they are truly a waste of time and always ends in frustration. Surely, if any of you have actually completed a transaction of this size, I would love to eat my words, but you would have to provide documentation as proof.
So, how many of you have had this happen to you? Feel free to share your stories.
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{ 7 comments… read them below or add one }
There are way too many people misrepresenting themselves in this industry.
Recently I was told that there were 15- $100 million pools available in california @ 0.48/100 +3.
Sounded too good to be true however the buyer ( I am an intermediary) wanted to move forward. We provided LOI, SPOF for $600,000,000 and then the Sellers rep disappeared……Dennis Frank was the Sellers rep, Mike Lipscomb was lead intermediary….watch out for these guys.
Jonathan,
This is such a precise and accurate explanation of the process or lack of it.
I tried for over a year to get one of these done. With real buyers. You are 100% correct. The scenario you gave is right on. You stated that the “Service Company” tries to negotiate then with counter offers going back and forth the “Bank” ends up with their final offer around 83% or higher for California properties. And that was exactly what happened.
We found that buying individual properties we could obtain a greater margin then that from the Bulk Package from the bank.
Also you are correct on the issue that the bank is not authorized to sell bulk and the purchase had to be written up as individual offers for each property that the buyer wanted.
The buyers walk away every time because some other JokerBroker said they could get the Ca. Properties at less than .50 or something asinine like that.
I have only know persons closing on multi property deals that were at most 3 or 4 properties NOT the hundreds of properties as promised by Brokers that heard through other brokers who knew some Broker that had an Uncle that used to work for a former bank officer that knew a guy that retired and has his granddaughter working with the Mandate who was DIRECT to the Compliance Officer that could get the deal done in 48 hours.
I stopped working this garbage over a year ago and still see the same things. I still get calls.
Thanks again for Sharing your experience.
I laugh when I think back to the stupid things I heard.
I have to tell you one of the best calls was a woman that said she had a real source and a real tape that she was closing on in the next week.
The deal was at .24 (Really) and it was a 3.1T deal that she had brought the investor in… I think I offended her when I told her that “you have to use common sense here” The US GDP isn’t even that much.. Do you think that ONE bank has 3.1T of real estate.
She started yelling and told me she was going to send me a copy of her check and I WOULD SEE THEN..
I am Still waiting that copy of her check 14 months later…
Why People just waste so much time believing such things always boggles my mind.
What does anyone ever get out of this? Nobody makes any money and they only ruin good relationships with potentially Real Investors.
But what do I know anyway.
Douglas Pemberton
Hi Doug,
I am pleased that you validated my posting. Like you, I still get calls from these joker brokers and I only ever deal with direct sellers. Once of the best ways to obtain REO properties is through the trustee services who buy directly at the auction on behalf of my buyers. It has proven quite successful for my buyers as well as for me.
There are bulk sales and they are not at 70% or more..This would be a retail sale… This type of transaction is highly regulated. FDIC won’t let you roll out 40 million per week.
AS well, some groups put in literally a hundred LOI’s..either fake, or they are floating out there. Some banks will pull the tape away if they find these groups flipping without actually having the means to buy ANYTHING. They will then not accept offers from these groups. Most of the time, the bank would be glad to sell to a VALID buyer but they are having REAL problems with people showing their money! The banks prefer to deal with holding companies, regulators etc. instead of agents who call them 40 times a day to see if they have the “TAPE” yet..Banks sell assets, not tapes..and YES, the people who actually do this business like myself, charge for our services..Do the math…50 plus 3 pts. or .80. free..Which one costs more? Just some food for thought..Lizz
So what is California going for right now? I am a broker in Georgia and just received an asset list from UCB. I had a call from someone wanting Northern California for less than .65 on dollar but I didn’t know if that was good or not (not my market).
Thanks
All depends on the area but on average, you are looking at 60% – 75% of FMV.
This is spot on. We had a company in OC, CA approach us that they were the direct seller and provided a LOI and soft POF which would be verified upon acceptance of the LOI and delivery of the BPO tape…which never happened. They also wanted the hard POF and evedience of an open escrow for 10%. Then they said they had a buyer willing to pay 4 cents more than our signed and executed agreement…Long and short of it was that this was always going to be a double escrow. They were too embarassed or honest to be up front. By the way, many buyers and funds will still do business with a double escrow if it is transparent and not grossed up more than 1pt. Our buyer has proofed up $100MM hard funds and continues to look for direct, transparent, equitable deals. They are realistic at blended 64 in CA, so that’s not the problem. Anyone who uses the word “billions” is bogus. Deals this size are done over cocktails at lunch by the Wall Street players, so when we hear that the buyers or sellere have done deals in the “B” we just say thank you and move on. Last, no one is going to get 3pts on $100MM. That is just a gross up ploy and signal that they are a daisy change. Do the math. 3pt on 60 cents is 5%…that’s more than the profit they may make on the deal so why would they pay you the lion share of the profit they expect to make.
Spread this article to everyone to weed out the phoney players and want-a-be’s