Welcome to the HUD REO Welcome to the HUD REO Real Estate Real Estate Broker Webinar Broker Webinar

Important Changes to HUD Important Changes to HUD Home Sales Home Sales

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Welcome to the HUD REO Welcome to the HUD REO Real Estate Real Estate Broker Webinar Broker Webinar

Important Changes to HUD Important Changes to HUD Home Sales Home Sales

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Important Changes Important Changes to HUD Home Salesto HUD Home Sales

Presented by the Presented by the HUD Homeownership Centers HUD Homeownership Centers March 30, 2011March 30, 2011

Important Changes Important Changes to HUD Home Salesto HUD Home Sales

Presented by the Presented by the HUD Homeownership Centers HUD Homeownership Centers March 30, 2011March 30, 2011

Important Things to Important Things to KnowKnow

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Important Things to Important Things to KnowKnow

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Archive Version (POP-UP) Archive Version (POP-UP) http://www.hud.gov/offices/hsg/sfh/talk/parc/phiarch.cfm

IntroductionIntroduction Ivery Himes, Acting DirectorIvery Himes, Acting Director

Office of Single Family Asset Office of Single Family Asset Management HUD/FHAManagement HUD/FHA

HUD REO Homeownership HUD REO Homeownership Center DirectorsCenter Directors

Patrick Sicilia, Today’s Patrick Sicilia, Today’s PresenterPresenter

Overview of Changes Overview of Changes

Separate contractors responsible for property management and marketing/sales.

www.hud.gov/hudhomes – one site for everything.

Listing Brokers. Selling Brokers. New Broker Registration process. Bid and Bid Results Exclusive Owner Occupant period changes. Earnest $ submitted with the contract.

Asset ManagersAsset Managers AM’s are contractors responsible for the

marketing and sales of HUD properties. The AM’s (not HUD) are responsible for

selecting the Listing Brokers. All bids are submitted through HUD’s

central bidding site (www.hud.gov/hudhomes) and reviewed by the AM’s.

The AM is your main contact in every HUD sale.

Contract Area MapContract Area Map

Atlanta Atlanta Homeownership Homeownership

CenterCenter

Contract Area

StatesAsset

ManagersContact Number

1A IL, IN, KY, NC, SC, TN

PEMCO (800) 881-9260

Ofori (877) 667-9022

HomeTelos (866) 971-2212

2AAL, GA, FL, MS, Puerto

Rico

PEMCO (800) 881-9260

Ofori (877) 667-9022

HomeTelos (866) 971-2214

Denver Denver Homeownership Homeownership

CenterCenterContract

AreaStates

Asset Managers

Contact Number

1D CO, NM, TX (North), UT

PEMCO (877) 772-8880

Matt Martin (888) 632-4482

HomeTelos (866) 971-2212

2DAR, KS, LA, MO, OK, TX

(South)

PEMCO (877) 772-8880

Matt Martin (888) 632-4481

HomeTelos (866) 971-2212

3DIA, MN, MT, ND, NE, SD,

WI, WYBestAssets (877) 343-4073

Philadelphia Philadelphia Homeownership Homeownership

CenterCenterContract

AreaStates

Asset Managers

Contact Number

1P MichiganBLB (877) 877-5822

Cityside (866) 211-8313

2PDC, DE, MD, PA, OH, VA,

WV

Matt Martin (888) 632-4484

Ofori (860) 246-7700

HomeTelos (866) 564-6637

3PCT, MA, ME,

NH, NJ, NY, RI, VT

Ofori (860) 246-7700

Cityside (877) 289-7433

Santa Ana Santa Ana Homeownership Homeownership

CenterCenter

Contract Area

StatesAsset

ManagersContact Number

1S AZ, ID, NV BLB (800) 960-2526

2S AK, CA, HI, OR, WA

PEMCO (877) 927-7313

BLB (800) 960-2526

Listing BrokersListing Brokers LB’s are subcontracted by the AM’s and are LB’s are subcontracted by the AM’s and are

responsible for listing and marketing HUD responsible for listing and marketing HUD properties and serve as the “eyes and ears” properties and serve as the “eyes and ears” for the AM’s. for the AM’s.

Among other things, LB’s will place Among other things, LB’s will place properties in the MLS and provide signage properties in the MLS and provide signage on each HUD listing. on each HUD listing.

Commissions are determined by the AM, Commissions are determined by the AM, but must be split 50/50 with a maximum but must be split 50/50 with a maximum total of 6%.total of 6%.

Becoming a Listing Becoming a Listing BrokerBroker

If you are interested in becoming a Listing Broker you must contact the Asset Manager in your region to receive information, as this is not a function of HUD.

Although, most regions have completed their search and are no longer seeking applications, there is always a chance that their list(s) could be changing.

Selling BrokersSelling Brokers A selling broker may earn up to 3% commission,

but may also choose to reduce their commission to increase the net to HUD.

Commission checks are made out to the brokers name and address as it is registered.

Selling brokers are responsible for understanding HUD contracts and the entire HUD sale process. You must be able to properly inform and assist your buyer throughout the entire transaction.

*See your area AM websites for upcoming training *See your area AM websites for upcoming training events. events.

In Addition . . . . . In Addition . . . . . HUD registered listing brokers or selling

brokers may advertise HUD properties and hold open houses. However, you must first gain approval from the appropriate AM to do so.

Any unauthorized marketing is strictly prohibited and may result in penalties and/or loss of bidding privileges.

““False advertising or misuse of names to False advertising or misuse of names to indicate a Federal agency is a punishable indicate a Federal agency is a punishable

violation”violation”Signage, letterhead, websites, telephone messages, business Signage, letterhead, websites, telephone messages, business

cards, office literature, etc. … using logos or verbiage such cards, office literature, etc. … using logos or verbiage such as . . .as . . .

Department of Housing and Urban Development”, “Federal Department of Housing and Urban Development”, “Federal Housing Administration”, “United States Housing Housing Administration”, “United States Housing Authority”, or “Public Housing Administration” or the Authority”, or “Public Housing Administration” or the letters “HUD”, “FHA”, “PHA”, or “USHA”, or any letters “HUD”, “FHA”, “PHA”, or “USHA”, or any combination or variation of those words or the letters combination or variation of those words or the letters “HUD”, “FHA”, “PHA”, or “USHA” alone or with other “HUD”, “FHA”, “PHA”, or “USHA” alone or with other words or letters reasonably calculated to convey the false words or letters reasonably calculated to convey the false impression that such name or business has some impression that such name or business has some connection with, or authorization from, the Department of connection with, or authorization from, the Department of Housing and Urban Development, or any agency thereof is Housing and Urban Development, or any agency thereof is false advertising and false advertising and IS NOT PERMISSIBLE.

False AdvertisingFalse Advertising

Fair Housing Act Fair Housing Act (Introduction)(Introduction)

The Fair Housing Act prohibits discrimination in the sale, rental, The Fair Housing Act prohibits discrimination in the sale, rental, and financing of housing, and in other housing-related transactions and financing of housing, and in other housing-related transactions and services, based on the following protected classes: race, color, and services, based on the following protected classes: race, color, national origin, religion, sex, familial status, and disability. The Fair national origin, religion, sex, familial status, and disability. The Fair Housing Act (Title VIII of the Civil Rights Act of 1968), 42 U.S.C. § Housing Act (Title VIII of the Civil Rights Act of 1968), 42 U.S.C. § 3601 et seq.3601 et seq.

The Act applies to both public and private housing and applies to The Act applies to both public and private housing and applies to many of the tasks commonly performed by listing brokers.many of the tasks commonly performed by listing brokers.

Potential liability under the Act may arise under two major legal Potential liability under the Act may arise under two major legal theories: disparate treatment and disparate impact. Disparate theories: disparate treatment and disparate impact. Disparate treatment occurs when members of a protected class are treated treatment occurs when members of a protected class are treated differently from nonmembers. Disparate impact occurs when a differently from nonmembers. Disparate impact occurs when a policy or practice has a disproportionately adverse effect on policy or practice has a disproportionately adverse effect on members of a protected class and is not supported by a legitimate members of a protected class and is not supported by a legitimate justification or, even if it has a legitimate purpose, that purpose justification or, even if it has a legitimate purpose, that purpose could be satisfied through less discriminatory means. could be satisfied through less discriminatory means.

Punishable Acts Include:Punishable Acts Include:1.1. Refusal to sell, rent, or negotiate for the sale or rental of, or Refusal to sell, rent, or negotiate for the sale or rental of, or

otherwise making unavailable or denying a dwelling to a person otherwise making unavailable or denying a dwelling to a person because of his or her membership in a protected class. 42 U.S.C. § because of his or her membership in a protected class. 42 U.S.C. § 3604(a) and (f)(1).3604(a) and (f)(1).

2.2. Unequal terms or conditions of a lease or sales contract for housing Unequal terms or conditions of a lease or sales contract for housing because of an applicant’s membership in a protected class. 42 because of an applicant’s membership in a protected class. 42 U.S.C. § 3604(b) and (f)(2). This includes demanding a higher down U.S.C. § 3604(b) and (f)(2). This includes demanding a higher down payment, additional proof of income or credit history, or other payment, additional proof of income or credit history, or other requirements of a renter or buyer based on his or her membership requirements of a renter or buyer based on his or her membership in a protected class. in a protected class.

3.3. Statements (including verbal statements), notices, and Statements (including verbal statements), notices, and advertisements for housing that indicate a preference, limitation, or advertisements for housing that indicate a preference, limitation, or discrimination for certain applicants based on their membership in discrimination for certain applicants based on their membership in a protected class. 42 U.S.C. § 3604(c). This provision prohibits a protected class. 42 U.S.C. § 3604(c). This provision prohibits using words, symbols, or illustrations that an ordinary person would using words, symbols, or illustrations that an ordinary person would believe indicate such a preference, limitation, or discrimination. believe indicate such a preference, limitation, or discrimination. Steering and discrimination of any kind is punishable.Steering and discrimination of any kind is punishable.

NAIDNAIDNAID = Name Address Identification

Number The principle broker must submit Form SAMS 1111 &

1111A which can be obtained from www.hud.gov/hudhomes or www.hud.gov

Once approved, HUD will issue a NAID number that is good for 1 year and must be renewed annually for recertification

No real estate agent or broker can sell a HUD property if the broker for that office is not a HUD Registered Broker

Forms and supporting documents are sent to the HUD Homeownership Centers for processing – not the AM’s

NAID NAID (cont.)(cont.) If you are licensed in multiple states If you are licensed in multiple states

within a HOC and your office address within a HOC and your office address is the same, you should submit 1 is the same, you should submit 1 NAID application and provide copies NAID application and provide copies of the broker’s license for each state of the broker’s license for each state that you are licensed.that you are licensed.

If the NAID application is missing a If the NAID application is missing a document or if corrections are document or if corrections are needed, a HUD Staff member will needed, a HUD Staff member will contact the applicant. contact the applicant.

NAID NAID (cont)(cont)

After you obtain a NAID, you must go to After you obtain a NAID, you must go to the the www.hud.gov/hudhomeswww.hud.gov/hudhomes website website and click the register bidder button in and click the register bidder button in the top right hand side of the page, and the top right hand side of the page, and register your NAID on the website. register your NAID on the website.

Should you need assistance, you may Should you need assistance, you may view the demonstration video on the view the demonstration video on the web page. Should you require web page. Should you require additional assistance, you may call 1-additional assistance, you may call 1-866-777-2034.866-777-2034.

Required FormsRequired Forms Sales Contract - HUD Form 9548 and Sales Contract - HUD Form 9548 and

certification of broker form.certification of broker form. AddendumsAddendums: : Lead Based Paint, Radon & Lead Based Paint, Radon &

Mold, Earnest Money, Forfeiture and Mold, Earnest Money, Forfeiture and Extension Policy, Home Inspection, Owner Extension Policy, Home Inspection, Owner Occupancy (if applicable). Occupancy (if applicable).

A Pre-Qualification letter from a A Pre-Qualification letter from a certified, certified, licensed lender licensed lender is a requirement on all sales is a requirement on all sales containing a mortgage contingency.containing a mortgage contingency.

*Additional forms may be required *Additional forms may be required depending on localitydepending on locality

IRS Forms/DocumentsIRS Forms/Documents The IRS Document that is submitted should The IRS Document that is submitted should

state the Business Name/Individual Name and state the Business Name/Individual Name and Tax Identification Number (TIN) of the entity Tax Identification Number (TIN) of the entity that has applied for the NAID. The TIN is that has applied for the NAID. The TIN is either the EIN (Employer Identification either the EIN (Employer Identification Number) for your business or the Principal Number) for your business or the Principal Broker’s SSN (Social Security Number). This Broker’s SSN (Social Security Number). This information must be clearly identified on the information must be clearly identified on the IRS Document. A member of HUD Staff will IRS Document. A member of HUD Staff will contact you if the IRS Document is not contact you if the IRS Document is not considered to be adequateconsidered to be adequate

IRS Forms/DocumentsIRS Forms/Documents

The following are acceptable IRS The following are acceptable IRS documents: IRS Form 147C, Tax documents: IRS Form 147C, Tax Return with preprinted label and IRS Return with preprinted label and IRS Payment Coupon. Payment Coupon.

Need IRS forms? Call the IRS at 1-Need IRS forms? Call the IRS at 1-800-829-0115. Only the 800-829-0115. Only the Owner/Principal can make the Owner/Principal can make the request.request.

RegistrationRegistration

Visit Visit www.hud.gov/hudhomeswww.hud.gov/hudhomes and and registerregister! !

Brokers, associate brokers and associated Brokers, associate brokers and associated selling agents, as well as Nonprofits and selling agents, as well as Nonprofits and Government Agencies are Government Agencies are required to required to register with this site register with this site before submitting any before submitting any bids.bids.

Simply click Simply click RegisterRegister at the upper right hand at the upper right hand corner of the home page on corner of the home page on www.hud.gov/hudhomeswww.hud.gov/hudhomes and follow directions. and follow directions.

www.hud.gov/hudhomeswww.hud.gov/hudhomes

One web site for the entire country . . . Purchasers will see what brokers see . . . New format with enhanced features . . . AM’s will have the ability to list

properties on a daily basis instead of once a week.

One stop shopping to view properties nationwide, submit bids and obtain

forms

www.hud.gov/hudhomeswww.hud.gov/hudhomes

www.hud.gov/hudhomes www.hud.gov/hudhomes (cont.)(cont.)

www.hud.gov/hudhomes www.hud.gov/hudhomes (cont.)(cont.)

www.hud.gov/hudhomes www.hud.gov/hudhomes (cont.)(cont.)

www.hud.gov/hudhomes www.hud.gov/hudhomes (cont.)(cont.)

www.hud.gov/hudhomes www.hud.gov/hudhomes (cont.)(cont.)

Insurable(IN) and Insurable with Insurable(IN) and Insurable with Escrow(IE)Escrow(IE)

Exclusive “Owner Occupant” periods are Exclusive “Owner Occupant” periods are now:now:

A 30 day exclusive listing period for IN and A 30 day exclusive listing period for IN and IE properties for Owner Occupant IE properties for Owner Occupant purchasers.purchasers.

There will be a 10 day bid period (within There will be a 10 day bid period (within the initial 30 days) for all bids to be the initial 30 days) for all bids to be received. If no offers are accepted, bids will received. If no offers are accepted, bids will be reviewed daily be reviewed daily (up to an additional 20 (up to an additional 20 days) days) for Owner Occupant purchasers for Owner Occupant purchasers onlyonly..

Uninsurable PropertiesUninsurable Properties

For UI properties there will be a 5 day For UI properties there will be a 5 day exclusive Owner Occupant period. exclusive Owner Occupant period.

After the 5 day exclusive bid period, After the 5 day exclusive bid period, bidding will be open to all purchasers bidding will be open to all purchasers on a daily basis if an acceptable owner on a daily basis if an acceptable owner occupant offer was not received. occupant offer was not received.

Owner Occupant Owner Occupant PurchasersPurchasers

Owner Occupant buyers must purchase a Owner Occupant buyers must purchase a HUD property as their Primary residence and HUD property as their Primary residence and are required to live in the home for a are required to live in the home for a minimum of 12 months before they can sell or minimum of 12 months before they can sell or rent the home.rent the home.

Failure to do so can result in a fine of up to Failure to do so can result in a fine of up to $250,000.00 and/or imprisonment up to 2 $250,000.00 and/or imprisonment up to 2 years.years.

Brokers and agents need to stress this to their Brokers and agents need to stress this to their customers, as they are not excluded from customers, as they are not excluded from penalties relating to such. penalties relating to such.

Submitting a Bid Submitting a Bid

On the “property’ screen – click “Submit a Bid”.

Complete step by step directions are provided to submit a bid electronically.

If your buyer’s bid is accepted you will be notified via email from the AM and the bid information will be posted on the web site. However, you can only view your bid – you cannot view other offers.

The clock is now ticking ...

www.hud.gov/hudhomeswww.hud.gov/hudhomes

www.hud.gov/hudhomes www.hud.gov/hudhomes Find a PropertyFind a Property

www.hud.gov/hudhomes www.hud.gov/hudhomes Find a PropertyFind a Property

www.hud.gov/hudhomes www.hud.gov/hudhomes Find a PropertyFind a Property

www.hud.gov/hudhomes www.hud.gov/hudhomes Find a PropertyFind a Property

Submitting a Bid (cont.)Submitting a Bid (cont.) When a bid has been awarded, brokers will When a bid has been awarded, brokers will

have have 2 business days 2 business days to submit contracts to to submit contracts to the AM. This means:the AM. This means:

Every required document necessary to Every required document necessary to consummate the transaction must be completely consummate the transaction must be completely signed, sealed and delivered to the AM, along signed, sealed and delivered to the AM, along with the earnest money deposit check made out to with the earnest money deposit check made out to HUD, within 2 business days from award HUD, within 2 business days from award notification.notification.

Not doing so may cost the buyer a property Not doing so may cost the buyer a property and you a commission. We highly and you a commission. We highly recommend that prepare all documents when recommend that prepare all documents when you place your original bid.you place your original bid.

Bids and Bid ResultsBids and Bid Results Bid HistoryBid History:: Log in to www.hud.gov/hudhomes Log in to www.hud.gov/hudhomes

and click on Bidder Functions. You can only view and click on Bidder Functions. You can only view bids you have entered yourself. You cannot view bids you have entered yourself. You cannot view any other offers.any other offers.

Timer on each listingTimer on each listing: Does not mean the amount : Does not mean the amount of days remaining for a person to bid. It is of days remaining for a person to bid. It is counting down the time that remains before an counting down the time that remains before an investor can bid. It also does not mean the investor can bid. It also does not mean the property is still available. Always check with the property is still available. Always check with the AM prior to submitting a bid to make sure a bid AM prior to submitting a bid to make sure a bid hasn’t already been accepted. Remember, after hasn’t already been accepted. Remember, after the first 10 days, bids are reviewed daily. the first 10 days, bids are reviewed daily.

Educational and Training Educational and Training ResourcesResources

The bidding site (The bidding site (www.hud.gov/hudhomes) has a wide ) has a wide variety of frequently asked questions and has also recently variety of frequently asked questions and has also recently updated the site to add training videos. Brokers can access updated the site to add training videos. Brokers can access these videos by pressing the FAQ link at the far right of the these videos by pressing the FAQ link at the far right of the menu bar at the top of the web site’s home page.  menu bar at the top of the web site’s home page.  

Click Here

Field Service ManagersField Service ManagersFSM’s are contractors that provide

property maintenance and preservation services consisting of, but not limited to, initial clean-out services, inspections, securing properties, routine maintenance, repairs and the payment of utilities and fees.

The FSM is the first one in the property after it is acquired and is responsible for making sure it is safe and suitable for marketing before assignment to an AM.

Inspections and Utility Inspections and Utility ActivationActivation

HUD properties are sold “AS IS” and buyers are strongly encouraged to obtain a Home Inspection from a fully licensed home inspector.

If a buyer elects to conduct a utility inspection, the broker should follow the instructions for coordinating the utility activation with the Field Service Manager.

Utilities (cont.)Utilities (cont.) Selling agents are responsible for working Selling agents are responsible for working

with the buyer to properly execute the with the buyer to properly execute the “Request for Utility Activation” form. “Request for Utility Activation” form.

The buyer must complete and sign the Utility The buyer must complete and sign the Utility Activation form and disclose the dates that Activation form and disclose the dates that they will conduct their inspection. they will conduct their inspection.

The buyer is responsible for any activation The buyer is responsible for any activation and deactivation fees from local utility and deactivation fees from local utility companies.companies.

The buyer is also responsible to pay any fees The buyer is also responsible to pay any fees that the FSM may require for re-that the FSM may require for re-winterization.winterization.

Earnest MoneyEarnest Money Earnest money must be submitted with the

sales contract and will be held by HUD’s designated Closing Agents.

The AM will advise brokers of the specific Closing Agent holding escrow and overseeing the transaction once the contract is ratified.

All EMD money must be in the form of a certified check or the equivalent of.

* Remember, the earnest money deposit check gets made out to HUD

Review of Changes Review of Changes Separate contractors responsible for

property management and marketing/sales. AM’s and FSM’s

www.hud.gov/hudhomes – one site for everything.

Listing Brokers. *Up to 3% commissions. Broker Registration process. Exclusive Owner Occupant period

changes. Earnest $ submitted with the contract.

Important RemindersImportant Reminders NEVERNEVER give a property key to anyone! give a property key to anyone! Absolutely no repairs or occupancy prior to Absolutely no repairs or occupancy prior to

settlement!settlement! All HUD homes are sold “AS IS”.All HUD homes are sold “AS IS”. Perform Pre-settlement inspections with your buyers!Perform Pre-settlement inspections with your buyers! Timely submission of ALL necessary documents Timely submission of ALL necessary documents

required to secure the sale! (2 business days)required to secure the sale! (2 business days) TRAINING! – It is so important to keep abreast of the TRAINING! – It is so important to keep abreast of the

many changes that will continue to transpire. many changes that will continue to transpire. PLEASE make it a priority to attend every training PLEASE make it a priority to attend every training opportunity in your area so you are able to best opportunity in your area so you are able to best service your current and future customers.service your current and future customers.

Remember your responsibilities, duties and Remember your responsibilities, duties and obligations to each and every “party”, as well as to obligations to each and every “party”, as well as to HUD when selling REO properties.HUD when selling REO properties.

Where to Get More Where to Get More InformationInformation

HUD Home Sales SiteHUD Home Sales Site One stop shop for all HUD Home informationOne stop shop for all HUD Home information http://www.hud.gov/hudhomes

FHA Frequently Asked Questions FHA Frequently Asked Questions (Pop-(Pop-Up)Up) http://www.fhaoutreach.gov/FHAFAQ/ A web site containing almost 1,400 questions A web site containing almost 1,400 questions

and answers about FHA programs, appraisal, and answers about FHA programs, appraisal, underwriting and processingunderwriting and processing

Searchable by key word and categorySearchable by key word and category

Where to Get More Where to Get More InformationInformation

FHA Resource CenterTELEPHONE

1-800-CALLFHA (1-800-1-800-CALLFHA (1-800-225-5342)225-5342)

Available Monday-Friday from 8:00 – 8:00 (Eastern Time)

E-MAILINFO@FHAOUTREACH.COINFO@FHAOUTREACH.CO

MMAvailable 24 hours a day – 7 days a week!

Where to Get More Where to Get More InformationInformation

www.hud.gov/fhawww.hud.gov/fhaThe main web site for the latest news on FHA The main web site for the latest news on FHA

programsprograms

http://www.hud.gov/offices/adm/hudclips/http://www.hud.gov/offices/adm/hudclips/index.cfmindex.cfm

HUDCLIPS - the source for FHA policy documents - HUDCLIPS - the source for FHA policy documents - handbooks, mortgagee letters and noticeshandbooks, mortgagee letters and notices

Coming Up NowComing Up Now

Training evaluation Training evaluation (Pop-Up)(Pop-Up) Questions and Answer SessionQuestions and Answer Session Archive SiteArchive Site

http://www.hud.gov/offices/hsg/sfh/talk/parc/phiarch.cfm

Thank you for your time!Thank you for your time!

We very much appreciate your skill We very much appreciate your skill and professionalism in selling and professionalism in selling

HUD properties and look forward HUD properties and look forward to working with you to working with you

Sell Sell SellSell Sell Sell