Real Estate

Making an offer on a foreclosed condo

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  • Jul 8th, 2021 10:57 pm
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[OP]
Member
Sep 17, 2016
332 posts
151 upvotes

Making an offer on a foreclosed condo

Last week, I noticed a new listing on a foreclosed condo in a somewhat crappy area, newish building though, for $100,000. Last private listing in the area sold for 107. Contacted my realtor, place looks ok, fridge, stove, washer/dryer have been removed but that's fine. We were gonna make an offer on it for a bit over 90, but I was left flabbergasted upon reading the contract sent to me by the bank, TD Bank, in particular paragraph 8 and 20 which would make the buyer fully responsible to cover everything that's in arrears on the condo, including condo fees, utilities, taxes, etc. Is this normal? I was advised to just cross out the offending paragraphs before signing the contract and making the offer, but paragraph 2 mentions that the original contract supersedes any other arrangements and additions. What's worse is that I've been stonewalled when attempting to obtain a full disclosure of how much exactly is owned on the condo.

I also thought about hiring a lawyer to devise our own contract, but I'm worried this is just money spent uselessly, as they will just refuse to accept it

Screenshots of the paragraphs in question attached

Anyone been in a similar situation? Any advice would be appreciated
Images
  • paragraph2.png
  • paragraph8.png
  • paragraph20.png
18 replies
[OP]
Member
Sep 17, 2016
332 posts
151 upvotes
UrbanPoet wrote: Is it one of those jane and finch condos?
I remember some that were only $150k.
And 5ish years ago they were $30,000.

Foreclosure is rare. Usually the bank seeks a power of sale. But perhaps its bad enough that they had to resort to foreclosure if the property is really unmarketable.
They sold new for 150-170000 back in 2010 when they were built. Because of the downturn in the economy in Alberta, they've been steadily going down in price, as have all condos here. This particular unit is part of a set of 4 units that were bought by a real estate investor at the time in the hopes I guess of making a profit later on. This is because in 2010, condos in Alberta were seen as a sure money maker, kinda like bitcoin earlier this year. To the moon, to the mooon lol ... So 2 of these units are already on the market and 2 more will be coming up shortly.

Anyhow, my particular problem is that, since they've been in the possession of the bank for the last year and a half, thats easily another $6000 in condo fees alone that have accumulated which would place an unrenovated condo at what one could get with a clear title from a private seller. It just doesn't make sense to me why the bank would even attempt to try passing on these costs, as no sane person would agree to it ...
Deal Expert
May 30, 2005
48243 posts
9134 upvotes
Richmond Hill
Not a lawyer, but I'm curious whether or not the paragraph saying "original contract supersedes any other arrangements and additions" is even legal or can be upheld in court. If anything, you would most likely also cross out this paragraph if you are also crossing out other paragraphs.
Deal Fanatic
Jul 3, 2011
6517 posts
3793 upvotes
Thornhill
TitusBobby wrote: ... I was advised to just cross out the offending paragraphs before signing the contract and making the offer, but paragraph 2 mentions that the original contract supersedes any other arrangements and additions. What's worse is that I've been stonewalled when attempting to obtain a full disclosure of how much exactly is owned on the condo.

I also thought about hiring a lawyer to devise our own contract, but I'm worried this is just money spent uselessly, as they will just refuse to accept it
You're allowed to make an offer changing anything that you like. It's up to the foreclosing entity to accept or not.

They can require the buyer to bring up to date all outstanding taxes and condo fees, but while they may claim not to know what they are and that may be true in the case of taxes and utilities, they most certainly know what the condo fees are because they hold an interest in the property, have been fully informed about fees from day one and would in all likelyhood have paid them to date to keep a lien off title. Nevertheless, the buyer should do their due diligence and contact the condo corporation for amounts outstanding and utility cos while your lawyer should search title and courts, and the sherriff office for liens or pending liens.
Sr. Member
Jan 13, 2021
843 posts
2047 upvotes
You're bidding on a foreclosed condo that probably no one wants. Why are you offering almost full price for it? Offer $50K and accept the charges. That's the only way it would make business sense, otherwise, why bother?
Deal Addict
Mar 2, 2017
3510 posts
6819 upvotes
Toronto/Markham
licenced wrote: You're allowed to make an offer changing anything that you like. It's up to the foreclosing entity to accept or not.

They can require the buyer to bring up to date all outstanding taxes and condo fees, but while they may claim not to know what they are and that may be true in the case of taxes and utilities, they most certainly know what the condo fees are because they hold an interest in the property, have been fully informed about fees from day one and would in all likelyhood have paid them to date to keep a lien off title. Nevertheless, the buyer should do their due diligence and contact the condo corporation for amounts outstanding and utility cos while your lawyer should search title and courts, and the sherriff office for liens or pending liens.
Just to add to this, if its foreclosed on by the bank that means your tax arrears shouldn't *material*. A bank will foreclose on something much faster than a tax sale from a municipality which usually accrues taxes owed for up to 3 years before forcing a tax sale (disclosure: these are municipalities I've dealt with, rules could be different across the GTA).
RE Broker
[OP]
Member
Sep 17, 2016
332 posts
151 upvotes
licenced wrote: You're allowed to make an offer changing anything that you like. It's up to the foreclosing entity to accept or not.

They can require the buyer to bring up to date all outstanding taxes and condo fees, but while they may claim not to know what they are and that may be true in the case of taxes and utilities, they most certainly know what the condo fees are because they hold an interest in the property, have been fully informed about fees from day one and would in all likelyhood have paid them to date to keep a lien off title. Nevertheless, the buyer should do their due diligence and contact the condo corporation for amounts outstanding and utility cos while your lawyer should search title and courts, and the sherriff office for liens or pending liens.
im realizing that this hassle will put off a lot of buyers, which is actaully an opportunity as there wont be many interested.

Any chance the title, court search and sheriff office searches can be done by myself, rather than a lawyer, to save on costs?
Deal Expert
May 30, 2005
48243 posts
9134 upvotes
Richmond Hill
TitusBobby wrote: im realizing that this hassle will put off a lot of buyers, which is actaully an opportunity as there wont be many interested.

Any chance the title, court search and sheriff office searches can be done by myself, rather than a lawyer, to save on costs?
In most cases it's a few hundred bucks.. just pay it.
[OP]
Member
Sep 17, 2016
332 posts
151 upvotes
Jon Lai wrote: In most cases it's a few hundred bucks.. just pay it.
A few hundred - a thousand $ is a significant amount on a $100,000 condo. In addition, you are paying lawyer hourly rates for stuff their $25/hr staff will look up on a computer. Plus this is redflag deals.

Anyhow, this is becoming very kafkaesque. I just spoke to my realtor who told me a title search wont reveal the actual amount how much is owed on a lien and the mortgage. And she was told by the lawyer and selling realtor that they cannot reveal that info because of privacy issues. Like wtf, how are you supposed to make a blind offer on a property that doesnt have clear title? She advised me to go to the bank, as their client, and try to find out that way
Deal Addict
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Nov 2, 2008
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The Capital
This sounds like a lot of screwing around.

Do as the other guy said, offer 50k and go from there.

I think you're doing too much work... an offer, even a lowball may have someone reach out to you from the bank to talk details.
ie. explain "we need X amount out of this, as this & this is owed on it... your offer was Y short"

That'd be my approach. I'm sure they've had plenty of tirekickers "showing interest".
Deal Addict
Nov 26, 2004
3935 posts
3191 upvotes
TitusBobby wrote: A few hundred - a thousand $ is a significant amount on a $100,000 condo. In addition, you are paying lawyer hourly rates for stuff their $25/hr staff will look up on a computer. Plus this is redflag deals.

Anyhow, this is becoming very kafkaesque. I just spoke to my realtor who told me a title search wont reveal the actual amount how much is owed on a lien and the mortgage. And she was told by the lawyer and selling realtor that they cannot reveal that info because of privacy issues. Like wtf, how are you supposed to make a blind offer on a property that doesnt have clear title? She advised me to go to the bank, as their client, and try to find out that way
Not sure how things works in Alberta, but can't you just order a Condo Status Certificate or ask the seller/bank to provide you as a condition of your purchase and sales agreement?

https://www2.geowarehouse.ca/how-to-get ... te-online/

Also, when you purchased the property, don't you have to get Title Insurance? So if there are any outstanding charges, wouldn't that be covered?

FWIW, having bought a number of foreclosed properties in the US, I have never ran into any of the potential problems you described.
Deal Fanatic
Jul 3, 2011
6517 posts
3793 upvotes
Thornhill
TitusBobby wrote: Any chance the title, court search and sheriff office searches can be done by myself, rather than a lawyer, to save on costs?
And do you know what to look at and for?
[OP]
Member
Sep 17, 2016
332 posts
151 upvotes
William W wrote: Not sure how things works in Alberta, but can't you just order a Condo Status Certificate or ask the seller/bank to provide you as a condition of your purchase and sales agreement?

https://www2.geowarehouse.ca/how-to-get ... te-online/

Also, when you purchased the property, don't you have to get Title Insurance? So if there are any outstanding charges, wouldn't that be covered?

FWIW, having bought a number of foreclosed properties in the US, I have never ran into any of the potential problems you described.
Yes, the estoppel certificate is $300 for an expedited one and should show all the unpaid condoo fees and what not. Turns out it can actually be ordere directly from the property management firm.

The title search is only $20-25 and will show who the property owner is and other taxes that are in colection against the property. In this case, it shows a claim for unpaid property taxes, however will not show exact amounts.

We made a conditional offer, in the lower 80s MINUS all unpaid fees and taxes and what not however we were just informed they already accepted an unconditional offer on Monday and they are just waiting for the deposit.

As a FYI, the other condo, exact same size, same building that was in foreclosure as well, apparently sold for $102 in an unconditional offer as well. Like WTF is wrong with people making unconditional offers. That condo, after fees, and renoes will be easily $5000 more than what the last unit sold by a private seller in that building
Deal Fanatic
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Dec 27, 2009
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Victoria, BC
Jon Lai wrote: In most cases it's a few hundred bucks.. just pay it.
If they are so cheap they don't want to pay that, then they should act as their own lawyer (and have a fool for a client). This whole thing has disaster written all over it as OP is clearly clueless about what they are doing.
Deal Addict
Nov 26, 2004
3935 posts
3191 upvotes
TitusBobby wrote: As a FYI, the other condo, exact same size, same building that was in foreclosure as well, apparently sold for $102 in an unconditional offer as well. Like WTF is wrong with people making unconditional offers. That condo, after fees, and renoes will be easily $5000 more than what the last unit sold by a private seller in that building
From an investor standpoint, it is all about numbers.

I think it is a live and learn experience, from my experience of buying real estate, I no longer believe what I hear and what I read, let alone free advices from a coupon clipping site where you don't know the credential of others providing them.

Now you know what the market is like, so next time a similar property pops up, you know you need to put in an unconditional offer in the list price range if you're serious in getting a unit there. Otherwise, you'll just be wasting your time and by the time you're willing to pay list price because you lost out on a number of offers, the market would have already gone up again. Remember, what you pay is what you get, you didn't pay me for the above, you be the judge to determine how good could the above be?
[OP]
Member
Sep 17, 2016
332 posts
151 upvotes
William W wrote: From an investor standpoint, it is all about numbers.

I think it is a live and learn experience, from my experience of buying real estate, I no longer believe what I hear and what I read, let alone free advices from a coupon clipping site where you don't know the credential of others providing them.

Now you know what the market is like, so next time a similar property pops up, you know you need to put in an unconditional offer in the list price range if you're serious in getting a unit there. Otherwise, you'll just be wasting your time and by the time you're willing to pay list price because you lost out on a number of offers, the market would have already gone up again. Remember, what you pay is what you get, you didn't pay me for the above, you be the judge to determine how good could the above be?
Absolutely ... Its all good though, 2 more foreclosure units that will be listed soon. And their is always a chance the buyers that nade the offers will back out at the last moment once they realize what they are getting themselves into with their unconditional offers. This happened to a friend of mine recently, where he was called a couple of weeks later to see whether he was still interested, after being told another offer had been accepted.

The problem is Im starting to mistrust my own realtor though. There is a very real chance there was NO other unconditional offer being made and she's working together with the selling realtor to get me to up my offer and remove all conditions. Win win for them. I say this because of a couple of red flags where shes been quite evasive

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