5/25/12 IMPORTANT ANNOUNCEMENT: MAJOR BP Update Next Week!

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Forums » HUD, VA, and Tax Sales » HUD Retains Earnest Money on Cancelled Investor Sales

HUD Retains Earnest Money on Cancelled Investor Sales Subscribe to HUD Retains Earnest Money on Cancelled Investor Sales

12 posts by 9 users

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Real Estate Investor · Godley, Texas


OK guys, I just got a nice lesson in the school of hard knocks. Paid the tuition for it too. Passing my lessons on to you. Maybe you won't be as stupid as I am.

Made a bid on a MH and acre. HUD foreclosure. Contract had 15 days for inspection. HUD accepted contract.

Inspection turned up copper conduit from meter base to house gone and A/C system striped. Massive water leaks. By the looks of things I speculate a neighbor did the damage and would do it again if repaired.

I cancelled contract easily within 15 days. I have waited a little while for return of earnest money.

Found out today that there was a clause that allows HUD to retain 100% of earnest money from investors seeking uninsured sales and 50% of earnest money seeking insured sales.

So, I lost 100% of my earnest money. My seller agent had not heard of this. The HUD listing agent had not heard of this. I don't know if this is new but I will scan it and post a copy in the FilePlace under the name "HUD doc" so you can see it for yourself.

Some days it doesn't pay to get out of bed. :wink:

E-Mail: IBuy@ChargerProperties.com
Website: http://ibuyjoco.com/
Twitter: tuitionsource / I Buy Johnson County


Real Estate Investor


Thank you so much for the information. They have never accepted any of my offers yet. Got all the deposits so far back. So good to know this in advance!


Real Estate Investor · Atlanta, Georgia


Hey Greg,

I just got my first HUD bid accepted this week, and found this out just a few hours before I turned in all my contract paperwork. I was quite surprised as well...especially given that it wasn't directly stated in the contract (from my reading of it).

J Scott, Lish Properties, LLC
Telephone: 770-906-6358
Website: http://www.123flip.com
http://www.123flip.com


Real Estate Investor · Godley, Texas


Yep, you could say I have contributed some funds to the economic recovery.

I am beginning to think that this is a new policy. My realtor told me that she didn't hear about this in her recent HUD training. First she had heard of it was when I showed her today.

E-Mail: IBuy@ChargerProperties.com
Website: http://ibuyjoco.com/
Twitter: tuitionsource / I Buy Johnson County


Real Estate Investor · Vicksburg, Michigan


This is typically what HUD does with investor purchases. The question I have is how to they know? Your agent should have known this up front. Are you aware that HUD will extend your purchasing deadline 15 days at $25/day? Herbster
PS I bet your agent fills out an investor purchase agreement.


Real Estate Investor · Wheat Ridge, Colorado


Its been the policy here for some years. You don't have to close an accepted contract but you don't get your EM back either way. Sorry you had to learn this the hard way. This is something your agent should have been aware of.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Residential Real Estate Agent · Ocala, Florida


Are you guys even reading the documents put in front of you? A standard hud contract (which if you don't fill out perfectly gets kicked back) clearly states this.

a month ago I had a house acquire a new roof leak after i put a contract in play...they kept my deposit since i pulled out (since the house was newly damaged). They don't care.

Btw for those of you trying to wholesale huds, get your title company (best to use a 3rd party) to do a title search BEFORE you start working hard on the property, half of the property i get from hud has some sort of title flaw that needs to be resolved, maybe 20% of them I can't fix.


Real Estate Investor · Godley, Texas


I have actually bought several properties over the last few years. I do read the docs in front of me but I am not an attorney nor am I prone to pouring over these docs for hours on end. Also, sometimes, there are time deadlines on deals. You either poop or get off the pot. HUD does things a little differently than I am accustomed to. I paid the price of my error and I am trying to help others.

I don't need a lecture, the money loss has taught me my lesson. Unfortunately for others, future contracts will now take a little longer for me to peruse. I guess I can buy everyone in the office a drink while I sit back and read every line.

E-Mail: IBuy@ChargerProperties.com
Website: http://ibuyjoco.com/
Twitter: tuitionsource / I Buy Johnson County


Real Estate Investor · Holly Springs, North Carolina


The bottom line is the rules changed in many areas/states.
See also this BP post, specifically the post by Mark Yuschak about the 'big picture'. "...The goal is to get all management companies to have bids submitted through hudhomestore.com for all 50 states." I've bought multiple properties with HMBI and MCB, now two with the "new" system. As of right now, it seems like HUD sales are about as uniform (state to state) as they have ever been.


Homeowner · New Jersey


Time for you to get a new agent and I wouldn't be quick to let him or her off of the hook,If your agent agreed to take you as a client knowing that you were going for a H.U.D house they should have read everything .


Real Estate Investor · Godley, Texas


Thanks guys. No need to blame anyone but myself. Today is a new day. I'll make the loss up on the next deal or two. Minor setback, major lesson. Good luck to all.

E-Mail: IBuy@ChargerProperties.com
Website: http://ibuyjoco.com/
Twitter: tuitionsource / I Buy Johnson County


Commercial Real Estate Broker · Memphis, Tennessee


I had this happen a few years ago. We had a HUD house under contract for a client. After it was under contract it was vandalized with about $10,000 damage. (the purchase price was 29,000) Hud wouldn't lower price and eventually they demanded earnest money which I had given buyer. So I had to send in $500 out of my pocket or not be able to sell any HUD houses.

Now they make you send the earnest money in with the contract. So essentially if it is an investor deal, then you have to make sure the investor is happy before making the offer.




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