General Questions/Buying a HUD Home
Q. What is a "HUD Home"?
The Federal Housing Administration (FHA) is the organization of the U.S.
Department of Housing and Urban Development (HUD) that insures certain mortgage
loans for lenders. If the lender forecloses on the loan, FHA repays the balance
of the loan to the lender and the title to the home reverts to HUD. HUD then
sells these homes at market value.
Q: How do HUD's Management and Marketing (M&M) Contractors acquire the
house?
HUD has assigned the responsibility to maintain and sell the homes to Management
and Marketing (M&M) Contractors. They are responsible for the
upkeep of the property and the required documentation
associated with marketing and selling the homes according to HUD policies and
guidelines set forth in the contract with the federal government. The M&M
contractors act on HUD's behalf, but HUD retains the title to the home until
it is sold.
Q: Who can buy a HUD home? Are they only available for low-income buyers?
All HUD homes are offered without regard to race, color, religion, sex, national
origin, handicap, or familial status. Anyone who is pre-qualified for a mortgage
loan may offer to purchase a HUD home. These homes are not exclusively for
low-income buyers, but most are regarded as affordable for low to moderate-income
purchasers within the market areas where they are located. There is an
initial period when only owner-occupants are allowed to purchase, after which
time investors may also buy. No employee, relative, or business relation of the
M&M Contractor or its subcontractors may purchase any of these properties.
Q: How do I start the process of buying a HUD home?
Start by finding a real estate agent in the area where you are interested who
works for a HUD-registered broker. Be sure to ask if his or her broker is
registered with HUD to sell these homes. These agents can help you get pre-qualified
for a loan, show the available homes to you, write a Sales Contract
for you to sign and place an offer by electronic bid on your behalf.
Q: Is it possible to get a list of the properties in my area?
You may keep informed about available HUD homes by viewing the property listings
on this Web site. Simply click on
Property Listings.
This information is real time, so always check before you go out with your
agent to see properties.
Q: Does HUD make repairs on HUD-owned homes that are in poor condition?
HUD homes are sold "as is," without warranty. That means HUD generally
will not make repairs except to preserve and protect the property or to eliminate
a major safety issue. Known defects are reflected in the price and stated in the
listing on the Website, as well as on the Property Condition Summary sheet.
Q: How do I make an offer to purchase? What happens after I place a bid?
Your HUD-registered real estate agent or broker must place an offer in the form
of an electronic bid on your behalf. Instructions are included in the "
Guidebook for Real Estate Professionals
" in the "
Real Estate Professional
" section of First Preston's Website. If your bid offers the highest price,
net of closing costs and commissions, above the minimum acceptable price, then
the bid will be acknowledged, assuming all other considerations are met. The bid
will be the acknowledged bid listed in "Bid Results," allowing your agent or
broker 48 hours to deliver a complete contract package to the appropriate
Regional Office. The complete and signed Sales Contract package with all addenda,
a copy of the loan pre-qualification letter, and your earnest money check. A thorough
description of how to appropriately complete and submit the contract package is
provided in the "
Guidebook for Real Estate Professionals
." Only when a complete and correct contract package is submitted and received on time
will the M&M Contractor sign on behalf of HUD as Seller. Otherwise, your bid may
be cancelled and the property may be offered to the next highest acceptable
bidder or it may be placed back on the market for others to bid.
Q: Can I buy a HUD home as an investment property?
Yes, but owner-occupant purchasers are given priority for an initial period of time
that the house is on the market. These are persons who will
affirm in writing that they have not purchased a HUD-owned property in the
last two years and they will live in the home as their primary residence for
at least one year. After the initial listing period, investors may
purchase the houses for resale or for rental.
Electronic Bidding
Q: As an owner-occupant, can my agent bid for me on more than one house
at a time?
Yes. If you are the highest bidder on multiple houses, the M&M Contractor
will choose the one on which you will be acknowledged as the successful bidder.
You will not be able to select which house so make sure that any home that you submit a bid on is
one that you are prepared to close on! Please read the information on multiple
bids in the "
Guidebook for Real Estate Professionals
."
Q: How will I know if the bid I submitted is acknowledged as the highest?
Check on the web site in the "Search Offer Results" section the morning after
the bid deadline to see if yours is the acknowledged bid. PLEASE NOTE: Having
your bid acknowledged does not mean you have "bought" the house nor
that it is "sold." The M&M Contractor must receive your complete
and correct contract package, review it for accuracy and sign it on behalf
of HUD as the seller and only then it is considered "contract pending."
When you "win" the bid, all that signifies is that you have the right
to submit a contract package within 48 hours. Bids are subject to cancellation
until the Sales Contract is signed because all real estate transactions must be
conducted in writing, something that cannot occur until your contract package
is checked and accepted, as indicated by the seller's signature on the documents.
If your contract package does not come in on time, or is found to be incomplete
or inaccurate, the bid acknowledgement may be cancelled and the next highest
bidder will be given an opportunity to submit a contract package or the property may be
placed back on the Internet for another round of bidding. Please see our
Disclaimers section
for more information.
Q: Whose Social Security Number should be used in bidding? And who signs
the Sales Contract?
Your agent will get the buyer's SSN and signature on the HUD-9548 Sales Contract
before placing the bid electronically. The same name and SSN must be used on the
bid screen. If there is more than one person buying the property together, your
agent will use the name and SSN on the bid screen of the person whose financial
statement is best from the lender's perspective, adding the other names and SSNs
on the contract following the first one. Everyone who is buying and taking title
to the property signs the contract and addenda. These bids and contracts are not
assignable to anyone else. NOTE: Be sure to sign your name exactly the same way
each time on all documents. The names and signatures must match the SSN given
for that person.You must include the exact name as it appears on the social
security card, including middle initial or middle name.
Q: How do I cancel a bid? And, can I then enter another bid instead?
The bid may be cancelled from the agent’s "My Buyers Center" within
the BidSelect system prior to the bid opening. Please print
a copy of the cancellation and retain for your records.
Q: I placed a bid on a property, but the next day it is still listed as
available. Why?
Bids are reviewed the morning after a bid deadline and results are posted
usually before noon. If the property is still available, then perhaps it is
still too early and all bids have not been reviewed, so posting has not yet
occurred. Check again later. The other explanation is that no current bid was
acceptable. In that case, the property would remain available for further
bidding and you may bid again.
HUD-9548 Sales Contract
Q: How do I get a copy of the HUD-9548 sales contract form?
The Sales Contract is available to download and print from our website. Go to
"
Property Listings", pull up the listings you are interested in.
Open the link called "Click Here For More Details." You will see a
link which says, "Preview Contract Package." This link will allow
you to print off a blank contract and blank addenda.
Q: If my contract is signed, but for some reason I cancel or cannot
close, will I lose my earnest money deposit?
Per paragraph 12 of the Sales Contract, which the buyer(s) must initial, the
earnest money deposit is at risk of forfeiture if the buyer cancels without
good cause. There is an addendum to the HUD-9548 called "Forfeiture of
Earnest Money Policy." Please read this carefully because it provides the
HUD guidelines regarding what circumstances the deposit will be returned
or forfeited.
Q: We sent in our contract package within 48 hours of seeing our bid
acknowledged on "Bid Results." How will I know if everything is
okay and the contract has been signed by the M&M Contractor?
Your agent sends the contract package by a delivery service that provides a
tracking system so he/she will know that it was received in time. If there are
any errors or omissions discovered when the package is reviewed, your agent will
receive an "Urgent Notice" by email or fax at the number that the agent
provided. An immediate response to complete or correct the contract package is
required or the bid is cancelled. If there are no errors or omissions, the
contracts are put in line for signature by an M&M Contractor employee who
has power of attorney from HUD. After being signed, the contract is sent back
to the agent by second-day delivery service. Remember, until your agent receives
the fully executed Sales Contract, the property is not considered to be
officially under contract.
Q: How do I know how to fill out the blanks in the Sales Contract? And
what addenda are necessary?
The agent should carefully follow the "Item by Item" instructions for
the HUD-9548 provided in the "
Guidebook for Real Estate Professionals
." The Listing Broker may be consulted for assistance and there are
training seminars offered regularly for agents, brokers, lenders, and others
who are interested in selling or purchasing HUD-owned homes. Filling out the
contract completely and correctly is the most important part of the transaction
process during the early stages prior to closing. Please read and follow the
instructions provided in the Guidebook carefully. There is a list of addenda
provided and all documents are available in the Broker Information section under
"Forms." Agents
using BidSelectTM have "fillable" forms online to aid in
the successful completion of the contract package.
Financing a HUD Home Purchase
Q: What kinds of loans are available to purchase HUD homes?
Neither The M&M Contractor nor HUD is a lender. The following are acceptable
financing instruments for purchasing HUD houses: Federal Housing Administration
(FHA) loans, Veterans Administration (VA) loans (subject to certain restrictions),
Conventional loans and cash. Additional information may be obtained in the "
Guidebook For Real Estate Professionals
" under the "Real Estate
Professionals" section of this website.
Q: Why do I have to get a pre-approval letter before I bid?
On behalf of HUD, the M&M Contractor acknowledges the bid that offers the
highest net to HUD. However, the bidder must show evidence of the financial
ability to close before a contract is entered into. This is to avoid tying up
the property with a transaction that is unlikely to close. The "
prequalification-letter" must be directly from the lender (not the mortgage
broker) giving a current date and an amount of the loan that is acceptable. It
should also name the buyer(s) whose credit report was reviewed and approved by
the lender.
Q: What amounts should be filled in on the Sales Contract in the financing
paragraph, Item 4?
As the Guidebook instructs, the blanks in the FHA portion of the financing
paragraph for down payment, loan amount and number of months of the loan are
to be left blank or "TBD" may be inserted. If the house you are
purchasing was listed "IE" for
insured with escrow, you do fill in the amount of the repair escrow in the
blank for that purpose. This number is neither added nor subtracted from any
of the numbers in the column on the right side of the page.
Q: Can I use Veteran's Administration (VA) financing?
Yes, unless the VA underwriter requires the seller to make repairs prior to
closing. This requirement may be in conflict with HUD's policy to sell homes "as-is"
except for preservation and protection of the home.
Q: My lender requires a copy of the appraisal and termite inspection report. How
can I get these documents?
If you want these documents, the lender must directly request these reports from
the M&M Contractor. The requests may be faxed to the regional office.
Closing the Transaction
Q: What closing agent can I use?
Closing Agents are designated by HUD for each area. HUD has these service
providers under a separate direct contract that gives them requirements for
closing these sales. They are paid by HUD accordingly for document preparation
and closing services. Your real estate agent/broker will know who the HUD
closing agent is for your area. If you choose to use a different closing agent,
you must pay these fees and the HUD closing agent will still be involved to
provide services to HUD as the seller.
Q: Will HUD pay for any closing costs on behalf of the purchaser?
In the "Real Estate
Professionals" section of this website is a link for "
Forms and Instructions."
In this section you will find "
Government-Owned Homes Forms and Instructions." Click there and see
"
Allowable Closing Costs" that will help answer this question. The wording
on Item 5 of the Sales Contract also stipulates that the costs must be actual,
reasonable and customary for the area. The ceiling on costs is 3% of the sales
price in most states. Certain fees and expenses are automatically paid by HUD
and do not have to be included in the total amount filled in on Item 5, such as
an FHA appraisal and termite inspection. The Closing Agent and Listing Broker
for your area should be available to assist your agent.
Q: How long do I have to close? What if I need more time?
Currently, transactions in most states must close within 30-60 days from the
ratification date, the date the M&M Contractor signed the Sales Contract
on behalf of HUD. For additional time, except in rare instances, an extension
request signed by the purchaser and an extension fee paid by the purchaser
must be submitted by your real estate agent/broker
to the Closing Agent. More details as to the amount of the fee and the
procedures to follow are provided in the "Guidebook
for Real Estate Professionals."
Direct Sales to Non-Profit Organizations
Q: What type of non-profit organizations (NPO) can purchase HUD homes?
HUD requires that non-profits submit an application describing their housing
related mission and providing other information about their organization's
structure, financing and management. After this application has been reviewed
and approved by HUD, the NPO is issued a Name Address Indentifier
NAID# and may buy HUD homes directly
from the Website for their purposes. The types of non-profits vary widely, but
they are almost always an IRS 501 (c)(3) corporation.
Q: Are nonprofits eligible for a discount? What other benefits do they qualify for?
Depending upon the location of the houses and the number of houses purchased and
closed at one time, a non-profit may qualify for either a 10%, 15% or 30%
discount at time of closing. There is also an initial 5-day listing period when
homes that are eligible for this program are listed separately, giving a special
opportunity for non-profits and other direct purchasers only to buy. Click on
"Community Outreach"
in the "Client Services
" section of this website for more information about non-profit
purchasing.
Good Neighbor Next Door
Q: Who qualifies for the "Next Door" programs and what is their
discount?
Only full-time law enforcement officers with arrest authority, full-time
licensed teachers or administrators in public or private pre K-12 grade schools, full-time
Emergency Medical Technicians and full-time Fire Fighters may
purchase directly through the Good Neighbor program. Their discount is 50% of the
list price. Closing costs and broker commission costs can be added to the loan amount
if the buyer uses FHA financing. There are other restrictions the buyers must follow.
For example, they must reside in the home a minimum of 36 months. For more information
and requirements, please see the HUD website.
Q: Can a real estate broker receive a commission for working with an
GNND buyer?
Yes, but in no event will HUD pay selling broker commissions of closing costs. A
purchaser using FHA financing through the GNND program may include reasonable and
customary closing costs within the amount borrowed. These amounts are not properly
considered to be part of a required down payment.