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SharonG4 (Mississippi)
Posts: 54
Posted:
Considering buying a foreclosure in a condo but would like to know if the HOA is financially solvent, has adequate reserves and also if they have had to hold special assessments. Where should I begin looking for this type of information?
SharonG4 (Mississippi)
Posts: 54
Posted:
The Property is in Florida
JeffR7 (California)
Posts: 251
Posted:
You can ask for year end financials and next year budget. You can also ask for a reserve study if it was done.

You can also ask for last year of minutes from board meetings. It will tell you if there are any discussions about a potential financial problem.
FredS7 (Arizona)
Posts: 927
Posted:
I don't know what the requirements are in Florida. Unless they are required to give you this info, make it a contingency in your offer.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Are you getting a loan for this foreclosure to purchase it? Certain mortgage companies gather this information when they decide if they are willing to refinance/offer loans to that HOA. There is a "HUD or PUD" form the HOA fills out that shows the health of the HOA. This is usually done for FHA backed loans but Freddie Mac/Fannie Mae may be requiring these as well.

You should never buy a house for cash anyways. You miss out on some of the tax benefits. It's best you get a loan through a mortgage company when you buy so that some of that money can benefit you tax wise. When you fill out the paperwork you should inquire about your rate your paying since it can be dependant on the health of the HOA. If your paying a higher percentage rate and it's not based on your own credit scores, it may indicate an unhealthy HOA.

A HOA may NOT give you the information you inquire since you are NOT a member of the HOA. The house is in foreclosure which may mean the current owner isn't available to share with you their information. The CC&R's are considered PUBLIC documents so you can go to the local RECORDS department of the county to pick up a copy to review. They should also be registered with the state with their incorporation papers. By-laws typically aren't required to be filed anywhere but might with the CC&R's. It's viewed as your responsibility to be informed of these documents since they are Public.

It's good your doing your research. You may want to do some old fashion "Meet your neighbors" approach if you visit the property. Take a few rides in the area at different hours of the day. See if this is a neighborhood which you would want to live. See how many for sale/rental signs are up. Are there any more foreclosed properties? The secret best deal of a foreclosure in a HOA isn't one from the bank. It's the one the HOA does. Although those are much more rare. Make sure you know the "right of redemption" limits where your buying too. My state a person can get the property back for up to a year. This is important to know just in case you buy and they come up with the money to buy back. You don't want to fix the property up too much during that time period just in case.

Former HOA President
SusanW1 (Michigan)
Posts: 5,202
Posted:
Good question and good answers.

Also ask if the HOA is involved in any litigation and what its owner occupancy rate is.

Insist on a mold study of the home, too. With all these homes sitting vacant for months on end and the furnace fan not on, stagnent air, warmth, and moisture results in mold.

Find the board president and ask for the documents you need, even if you just get to look at them in his presence.

Any smart president would want to "sell" you on buying into the community.

SheliaH (Indiana)
Posts: 6,964
Posted:
You might also want to contact the local police or sheriff's department to see what the crime rate is (it could impact your insurance).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SharonG4 (Mississippi)
Posts: 54
Posted:
Thanks so much everyone,great answers--now it is time to do my homework!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
If your going to use a Realtor to help purchase a home, use a "Buyer's agent". They work for YOU the buyer and split the profit with the seller's agent to get paid. I recommend this as they can help you do some of this legwork in finding out certain information. Such as what the previous owners paid for the home and some history of the property. This may be public information you can gather from the courthouse. Atleast go to "Zillow.com" and look up some history.

Think your on the right track with all this advice. Foreclosures do work differently in each state. The amount you pay isn't necessarily the bid price at the auction. Be aware that price may be the starting point of the amount the owner owes or legal costs of the bank/HOA. You may have to pickup up the rest of their loan amount. Example: Say you bid 5K on the house. The house is worth 100K. The owner's still owe 65K. You may have to pay 70K altogether. Which is a good deal. It's a bad deal if the owner still owes 110K etc...Good idea to do some research on home values before bidding.

Former HOA President
JonD1
Posts: 2,350
Posted:
Sharon:

Your post brings to light so many questions and concerns for me hard to know where to begin.

Have you had any previous expeirence with buying foreclosed property?
Do you have any expeirence with condo ownership?

Is this a vacation property or year round living?

Condos unlike single family homes don't stand alone. Florida to my knowledge has been harder hit by the real estate downtrun than most other areas. Bargins are not always what they seem.

You need to answer many questions before going forward with this.
The health of the property in terms of finances. The age of the property.
The residents owning property are they year round or second home owners.

What is the current common charges? What has been the history of these
charges? The age of the property? The number of units? The number in foreclosure? The number no longer in arrears on their common charges.

In a condo everyone either sinks or swims together. You are joined at the hip with every other owner and with time their financial difficulties can become YOURS.

I would suggest you collect every piece of information you can. As suggested talk to neighbors both on the property and around he property.
Visit the property day and night and on weekends to get a fell for how you might fit in with the others residing there.

If you plan to use this as a second home can you rent your property under the By-Laws?

In ending if it sounds to good to be true, it probably is.

Let the buyer beware. hat is more trute today than at any other ime of our lives.

Good luck.

JeffR7 (California)
Posts: 251
Posted:
Quote:
Posted By MelissaP1 on 12/16/2011 5:34 AM

You should never buy a house for cash anyways. You miss out on some of the tax benefits. It's best you get a loan through a mortgage company when you buy so that some of that money can benefit you tax wise.

This is one of the worth financial advice one may give. Why would you want to pay an interest to a bank only to be able to deduct some percentage of it from your taxes. You are still paying interest. It only makes sense if you think you can invest your money at a higher interest than your mortgage.

Quote:
Posted By MelissaP1 on 12/16/2011 5:34 AM
When you fill out the paperwork you should inquire about your rate your paying since it can be dependant on the health of the HOA. If your paying a higher percentage rate and it's not based on your own credit scores, it may indicate an unhealthy HOA.

The interest you are paying will not depend on a health of HOA. It just not part of the formula. You may be denied a loan if the property doesn't meet underwriting qualification.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
If you read someone else's post you will find they were paying more for their HOA property due to the high amount of rental property in the HOA. They were upset because there was over 50% rental which caused less choices in getting a loan or better rate in their refinancing. It really does effect loan rates and availability of loans if a HOA is unhealthy.

Paying cash for a home isn't a good idea for multiple reasons besides just taxes. There's insurance factors involved as well. It allows you to have a good credit history and healthy credit. Paying cash for something isn't always the best option. Buying houses is one of those situation best left to having a mortgage and being able to pay it off on a timely basis.

Former HOA President
TimB4 (Tennessee)
Posts: 21,047
Posted:
Quote:
Posted By SharonG4 on 12/15/2011 11:20 PM
Considering buying a foreclosure in a condo but would like to know if the HOA is financially solvent, has adequate reserves and also if they have had to hold special assessments. Where should I begin looking for this type of information?

Have the Owner of the property (as they are the only one's with rights to this information) provide you with the following:

1) Most recent financials
2) Most recent Reserve Study (if none was done - run, don't walk, run away)
3) Copies of the last 6 Board meeting minutes (as this way you can tell if they are discussing special assessments or if there are concerns over number of delinquent accounts.
4) Statement of any existing or pending legal actions

Additionally:

1) Get a copy of all governing documents.
2) Read the guidelines and see if you can comply with them (like to play Basketball - do they allow hoops?, etc.)

This would be the "basic" information you should look at.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Melissa,

Yes, having too many investment properties in condo association/HOA will result in FHA not underwriting loans, which can force buyers into higher cost mortgages that are not-FHA. It's loan options that are affected and not a single loan facing a fluctuating interest rate based on owner-occupancy of the properties.

While the devaluation of money by inflation technically makes a fixed-rate mortgage less expensive over time, I'd take a paid-off house over holding a mortgage any day of the week. To me, interest is a form of taxation, only it goes to the bank and not the government. This is a choice. To me, a primary home is not an investment; it's an expense. The only way to cash in on your investment is to sell it and not have a primary residence.....cardboard box maybe?

This is good thought-provoking line of thought you've launched.

KellyM3 (North Carolina)
Posts: 2,239
Posted:
Melissa,

Yes, having too many investment properties in condo association/HOA will result in FHA not underwriting loans, which can force buyers into higher cost mortgages that are not-FHA. It's loan options that are affected and not a single loan facing a fluctuating interest rate based on owner-occupancy of the properties.

While the devaluation of money by inflation technically makes a fixed-rate mortgage less expensive over time, I'd take a paid-off house over holding a mortgage any day of the week. To me, interest is a form of taxation, only it goes to the bank and not the government. This is a choice. To me, a primary home is not an investment; it's an expense. The only way to cash in on your investment is to sell it and not have a primary residence.....cardboard box maybe?

This is good thought-provoking line of thought you've launched.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Condo. Florida. Foreclosure.

All the ingredients of a recipe for disaster.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It's a complicated system that many owners aren't aware of when applying for a loan. It's alot of behind the scenes information. I didn't know that our HOA could have limited loan options depending on how "health" of our HOA. It was the first time I had ever seen a "HUD/PUD" Rider. As President of the HOA, I was responsible for filling out this form whenever certain loans were obtained by buyers. The form had questions pertaining to the number of owner occupied, collections, and other details of the health of the HOA. It was important to know and monitor this information. It's why I think more HOA's need to require the HOA have a copy or knowledge of an owner's lease agreement. It's not limiting rental option but knowledge of the rental that's important.

It's a complicated issue on paying cash for a house. What if you pay 100K for a house in this market? Your banking on the fact the house is going to stay worth that amount or increase. You also still should have insurance on the home. How much are you going to insure the house for? It's typically for the value of the home plus 20K over. This expense isn't tax deductible. Your also not going to reap the tax benefits of the interest you paid the bank on your loan. If the house is worth less than you paid for it then it will be taxed for a "loss". The same if it's a "gain". If you use this property as rental/investment property, how long before you get your money back from rent? Considering you have to pay for any HOA fees, maintenance, property taxes, insurance, and other sales/rent expenses. Seems to me paying the 3 -4% interest the bank's charge now adays for mortgages doesn't compare to the amount of interest your money could gain in CD's, money market funds, or other investments. I'd rather have 100K in the bank gathering interest in a secured bank account protected by FDIC knowing I can afford to pay off my loan, than 100K being protected by an insurance policy and at risk of the housing market. It just doesn't make sense not to have a mortgage considering the protection it offers.

I've done a foreclosure in a HOA before. It's a good deal if you do the right steps to purchase a foreclosure. However, you just have to know what those steps are and best way to handle the situation. It could take a few years to recover from the investment but then you have recovered.

Former HOA President
JeffR7 (California)
Posts: 251
Posted:
Quote:
Posted By MelissaP1 on 12/17/2011 2:36 AM

It's a complicated issue on paying cash for a house. What if you pay 100K for a house in this market? Your banking on the fact the house is going to stay worth that amount or increase. You also still should have insurance on the home. How much are you going to insure the house for? It's typically for the value of the home plus 20K over.

You don't buy insurance based on a purchase price of your home, you buy it based on a expected cost to rebuild your home. Price of a home you buy consists of land and a structure, you only need to insure the structure as land is not going to be destroyed in a case of a fire. In many locations the cost of a structure is less than 50% of the total purchase price as land makes for the bigger portion of the purchase.

Quote:
Posted By MelissaP1 on 12/17/2011 2:36 AM
If the house is worth less than you paid for it then it will be taxed for a "loss". The same if it's a "gain".

The only time your house is "taxed" is when you sell it. Property taxes are calculated based on a home value and not in any way related to your mortgage.

Quote:
Posted By MelissaP1 on 12/17/2011 2:36 AM
Seems to me paying the 3 -4% interest the bank's charge now adays for mortgages doesn't compare to the amount of interest your money could gain in CD's, money market funds, or other investments. I'd rather have 100K in the bank gathering interest in a secured bank account protected by FDIC knowing I can afford to pay off my loan, than 100K being protected by an insurance policy and at risk of the housing market. It just doesn't make sense not to have a mortgage considering the protection it offers.

100K mortgage at 4.5% makes you pay approximately $4,500 per year in interest. 100K invested in a FDIC insured account at about 0.5% interest will make you about $500 per year. If you tax rate is 20% you write off 20% of $4500 which is $900. At the end of a year you are at a loss of $3,100 and that's per every $100K you borrowed

Quote:
Posted By MelissaP1 on 12/17/2011 2:36 AM
I'd rather have 100K in the bank gathering interest in a secured bank account protected by FDIC knowing I can afford to pay off my loan, than 100K being protected by an insurance policy and at risk of the housing market.

You are the one liable for your mortgage, not your insurance company. if you home suffers a major loss or total loss and your insurance doesn't cover a full amount for whatever reason you are still liable to your mortgage company for your payments. Rarely happens, but it could happen.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I want to clarify my point. Paying straight cash for a house isn't a good idea. It's too risky and not beneficial to your credit as much as showing the ability to pay off a mortgage. Now, PAYING OFF a home is different. You benefit more AFTER paying off a long term mortgage than never having one at all. Even if that mortgage is for 5 years you pay off, it really benefits your credit. Having cash on hand doesn't prove your ability to pay back creditors. A history of consistent paying off loans on time does. I'd rather have a stronger credit history than showing a large amount of money in my bank account.

Paying off a house after the mortgage runs out can do much more for you. It shows as an asset and can be used as colataral. It can get you out of jail for bonding purposes. You can qualify for a reverse-mortgage.

Let's agree to disagree on this one. I know I wouldn't pay cash for a house. It just wouldn't benefit and be too risky. I don't want to risk buying a money-pit to toss more cash into.

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By MelissaP1 on 12/19/2011 8:03 AM
I want to clarify my point. Paying straight cash for a house isn't a good idea. It's too risky and not beneficial to your credit as much as showing the ability to pay off a mortgage. Now, PAYING OFF a home is different. You benefit more AFTER paying off a long term mortgage than never having one at all. Even if that mortgage is for 5 years you pay off, it really benefits your credit. Having cash on hand doesn't prove your ability to pay back creditors. A history of consistent paying off loans on time does. I'd rather have a stronger credit history than showing a large amount of money in my bank account.

Paying off a house after the mortgage runs out can do much more for you. It shows as an asset and can be used as colataral. It can get you out of jail for bonding purposes. You can qualify for a reverse-mortgage.

Let's agree to disagree on this one. I know I wouldn't pay cash for a house. It just wouldn't benefit and be too risky. I don't want to risk buying a money-pit to toss more cash into.

If you have enough cash in your pocket to purchase a 100k plus home the least of your worries is probably your credit score. I would disagree with the notion of paying in cash is bad for several reasons:

1. The seller is more likely to give you a deal if you can skip all the uncertainty of applying for and getting approved for a mortgage. If two sellers show up, both offer the same and one says I have cash you bet I would take the cash, I might even give him a little break to avoid all the other hassles.

2. you don't have to pay closing costs for your loan.

3. you don't have to pay interest on your loan.

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