I hear that question almost every day. I have buyers come in and tell me they want to purchase a 'foreclosure' but they're not exactly sure what that is. Some buyers say they want to purchase from a home owner in 'distress', but that could mean the seller will have to participate in a Short Sale, and sometimes, those are much more complicated.
In a 'normal' (good) market, a seller who has equity in his property (meaning his/her home is valued more than the purchase price), he can sell his home through a 'normal' sale. If he owes $200,000 on his loan to the bank, but sells his home for $400,000 (because the value is there), most likely he will experience a normal transaction.
If that same seller owes the bank $400,000 but the value of his home has now dropped to $200,000 he will now have to do a Short Sale in order to sell his home. What that means is that the seller is in control of listing the home and is still very much the home owner
(even if he is behind in his payments a couple of months), but if an offer comes in for UNDER the amount that is owed to the bank
(under the $400,000 in this case), the bank with the loan
(holding the note on the property) will have to APPROVE the sale.
Sometimes this process can take months. The bank will request Bank Statements, W2's, PayStubs, a Hardship letter from the sellers, and other financial data that can show the bank that the sellers cannot continue with their current monthly payments. The bank will then order an appraisal. If the appraisal comes in higher than the purchase offer price
(the price the buyer is offering the seller), then the bank can counter the buyer and ask for more money. That is where the negotiation
(and The Negotiator) comes in, and it usually involves some compromising from ALL of the parties involved
(the bank, the buyer, the seller and even the Real Estate Agents involved). This process can take anywhere from 2 to 6 months, and sometimes will end with the home going into Foreclosure anyway, or put up for Auction before the transaction can be fully approved. In that case, the offer is no longer 'good'. And the 'Seller' now becomes the Bank.
If the property is Foreclosed upon, the Bank will be the new owner. Now the property is considered Bank Owned or an REO
(Real Estate Owned) property. It used to be that the banks would put the properties back on the market, but for a price comparable to what the market used to be
(in other words, they would list them too high). Now the banks have gotten wise and they realize that the lower the price, the more offers they will get, and the price will creep back up with multiple offers, and counter offers. So, the trick is if you see a new Bank Owned property that is a 'really good deal', make a strong offer right away. If it's a weekday, you have a good chance the agent will submit your offer directly to the bank, and they may just accept it right away. If you get one of those agents that sits on offers and collects them for a week or so, then your offer gets submitted as a 'group' and chances are the bank will counter back asking for your 'Best and Final' offer. With multiple offers now in, you'd better make it a really good offer if you really want the property!