Cutting Back on Community Reinvestment

Bloomberg Law quoted me in Banks Look to Narrow Exams Under Community Reinvestment Act. It opens,

Banks see an opening to limit the types of violations that could lead to a Community Reinvestment Act downgrade as federal regulators begin rewriting rules under the 1977 law.

Banks say regulators have improperly used consumer fair lending and other violations involving credit cards or other financial products to evaluate compliance with the law meant to increase lending and investment to lower-income communities.

“When a bank violates a consumer protection law, there is no shortage of enforcement agencies and legal regimes available to seek redress and punishment. Adding the CRA to that long list thus has little marginal benefit, and risks diluting and undermining the CRA’s core purpose of promoting community reinvestment,” the Bank Policy Institute, a leading bank lobbying group, said in a Nov. 19 comment letter to the Office of the Comptroller of the Currency.

The OCC set the stage for a CRA rewrite in August by releasing an advanced notice of proposed rulemaking. The Federal Reserve and Federal Deposit Insurance Corp. have signaled a desire to sign on to a joint proposal.

With that momentum building, banks are taking their shot to limit the types of enforcement actions included in CRA reviews. They want CRA reviews to focus on mortgages, small business and other community development investments.

The question of how non-CRA-related violations apply to banks’ community lending reviews is not merely a theoretical exercise.

Wells Fargo & Co. saw its CRA grade downgraded two levels to “needs to improve”in March 2017 following the revelation of the fake accounts it generated for consumers. Several states and municipalities cut off business with the bank in response.

CRA exam cycles run three years for large national banks and can run longer for smaller banks that perform well. Banks receive one of four grades—outstanding, satisfactory, needs to improve or substantial noncompliance—and a poor grade can restrict their merger and branch expansion plans.

OCC, Treasury Leading Push

The Trump administration, led by Treasury Secretary Steven Mnuchin and Comptroller of the Currency Joseph Otting, has been pushing for the latest CRA revision.

Both of those officials ran into CRA trouble when they tried to sell OneWest Bank to CIT Group Inc. Mnuchin was OneWest’s chairman and Otting its chief executive.

The Treasury Department released a report on “modernizing the CRA” in April. Included in that report is a call to not allow fair lending enforcement investigations from the Consumer Financial Protection Bureau and other regulators to slow down CRA reviews.

Otting went farther, issuing a bulletin on Aug. 15 highlighting that his agency’s examiners will no longer take into account non-CRA lending violations when assessing a bank’s CRA compliance.

The FDIC and the Fed have not yet followed suit. But banks want the three agencies to set a common policy on dealing with non-CRA related enforcement actions in their community lending reviews.

“Regulators should develop consistent policies clarifying that CRA will not be used as a general enforcement tool,” the American Bankers Association said in a Nov. 15 comment letter.

There is some merit to the idea, according to David Reiss, a professor at Brooklyn Law School and the research director at the Center for Urban Business Entrepreneurship.

“It’s delinking fair lending concerns, which are regulated elsewhere, from CRA concerns. From an industry perspective that may make a lot of sense,” he said in a Nov. 30 phone interview.

The proposal, taken in a vacuum, may be reasonable. But in the context of broader attempts to weaken the CRA, it should be viewed more skeptically.

Amazonian Rage in NYC

photo by Theeditor93

Vice quoted me in Amazon Is Bringing in Elite Lobbyists Amid Seething Rage Over HQ2. It opens,

Amazon might be too big to tax, but it’s not too big to freak out.

As the company tries to erect a massive headquarters in America’s largest city, it has come up against staunch opposition from residents, politicians and unions—all concerned the powerful monopoly will serve to inflate rent and strain local infrastructure, especially the housing supply and subway system. And while it might seem like a trillion-dollar company could easily quash protesting naysayers, turns out CEO Jeff Bezos might actually have good reason to try and win the haters over.

On Wednesday, the Wall Street Journal reported Amazon hired high-powered Democratic consulting firm SKD Knickerbocker, and a lobbying shop called Greenberg Traurig, to help smooth the way forward for its new HQ. While Amazon remained relatively tight-lipped, the company has sought to make inroads into affected communities—planning meetings with public-housing residents and reaching out to members of the city council. But some elected officials, including Senator Mike Gianaris and NYC Councilman Jimmy Van Bramer, whose districts include the HQ’s proposed turf in Long Island City, have refused to serve on its advisory board, indicating instead a desire to kill the project entirely. Meanwhile, a Quinnipiac poll that dropped this week showed the majority of NYC residents backed the HQ2 plan, but activists groups and community board members have continued to organize, spurred on by Congresswoman-elect Alexandria Ocasio-Cortez—or at least her Twitter account.

In fact, the new Amazon influence operation, which emerged a few weeks after HQ2 plan was made official, suggested there were still concrete ways locals could thwart or at least put a dent in the company’s expansion scheme. If nothing else, an extremely-powerful company that has experience in the DC lobbying game is finding out it won’t get a new home in NYC without a fight that cuts at the core of the Democratic Party’s identity.

According to Richard Brodsky, a lawyer and veteran Democratic politician who served in the state assembly, if city officials or other activists took Amazon or the politicians who supported the plan to court, they could employ legislative subpoenas to demand more documentation of the project, and investigate compliance issues. Brodsky argued Amazon’s bid might provide the jobs promised, but that the company still had a long way to go in informing the public about how it would impact communities.

“Because the governor and the mayor have given this project to a set of soviet-style bureaucracies, there’s no one to ask the questions and no one to answer,” he told me, referring to the special fast-track process Mayor Bill de Blasio and Governor Andrew Cuomo, both Democrats, have tapped to push through the Amazon deal. “Who the hell do you ask?”

Litigation is a fairly common way of handling disputes over projects like this in the city, according to David Reiss, a law professor and expert on community development at Brooklyn Law School. “Not being a shy bunch, New Yorkers often file lawsuits that try to set up procedural roadblocks to the project,” he told me via email. “These suits can slow down or even stop projects—and can give community members leverage with the City, State and project developers.” Even if it isn’t stopped altogether, legal action could help modify the project and fund parks, schools or transit.

Under the current approach from on high, however, the Amazon HQ also had to be approved by the Public Authorities Control Board (PACB), comprised of gubernatorial appointees mostly made in consultation with the state legislature. This may prove to be among the only serious points of leverage Amazon opponents have to stall, or, in an extreme case, block the whole project. Even then, Brodsky said, the PACB was only technically supposed to oversee financial concerns, and not necessarily gauge a project’s social impact.

The city, for its part, appeared to largely be standing behind its original plan as it geared up for public hearings beginning next week. A spokesperson from the NYC Economic Development Corporation, the nonprofit development agency contracted by the city that helped broker the deal, told me Amazon was working to broker partnerships with affordable-housing developments and other community organizations, as well as provide concrete details about the 25,000 jobs promised in the company’s initial memo about the project.

The spokesperson also dismissed the idea that the new HQ would strain the city’s mess of a public transportation system. They argued the current flow of traffic on the subway routes amounted to Queens residents commuting to Manhattan for work, and that the “reverse commute” of Amazon employees coming to Long Island City would balance things in the other direction, not jam up trains in some new way. (It’s worth noting that Amazon employees were already reportedly looking for rental properties in Long Island City proper.)

Those resisting the headquarters, however, were unlikely to be swayed by more details, logistical help, or civic engagement on part of a brand many despised for what it represented in the annals of modern capitalism. Ocasio-Cortez, who has become a national spokesperson for anti-Bezos sentiment and a leading light of a left-wing insurgency in the Democratic Party, took to Twitter again on Tuesday: “Now what I DON’T want is for our public funds to be funding freebie helipads for Amazon + robber baron billionaires, all while NYCHA and public schools go underfunded & mom+pops get nowhere near that kind of a break,” she said, capturing criticism of some of the most comical parts of the Amazon deal as brokered by de Blasio and Cuomo.

Ocasio-Cortez’s Democratic Socialist bent may still be a nascent one, and her job in DC means local activist groups will have to lead the fight on the ground. (Some unions actually supported the deal, further exposing the internal Democratic Party divide at issue here.) At the same time, it’s important to look back to previous massive corporate deals for context on what’s going on. While Amazon, as a company, doesn’t have many contemporaries in the city trying to launch a new home at this scale, the way stadiums, universities and other hubs have been constructed in NYC in the past will help inform what does—and doesn’t—happen in Long Island City.

The EDC spokesperson, for example, pointed out that other big projects—such as Columbia University’s expansion and Atlantic Yards—were also achieved via a General Project Plan pushed through by the state instead of undergoing to the more public land review process at the city level. Using that fast-track in Amazon’s case has been a key flashpoint in the dispute over its origin, garnering frustration from Van Bramer and his colleagues. (Announcing a project before knowing the specific details, the EDC spokesperson insisted, was par for the course in cases like this one.)

This fast-tracking does happen often with larger projects, Reiss agreed, noting that land procedures can be bypassed when the state government is involved, leaving some feeling like their voices were ignored. “This can cut deeply because they are often the ones who are most affected by the negatives of the construction process and the changes that the project bring about in their communities,” he told me.

The Hunger Games: Amazon Edition

photo by SounderBruce

The New York Law Journal published commentary of mine, The Hunger Games: Amazon Edition. It opens,

Last week Amazon finally announced that New York and Northern Virginia would be the sites of its planned major expansion. While many are caught up in the excitement of Amazon bringing 25,000 high-paid jobs to both metropolitan areas, it is worth thinking through the costs that beauty contests like this one impose on state and local governments. Amazon extracted billions of dollars in concessions from the winners and could have extracted even more from some of the other cities courting them.

It is economically rational for companies to create such Hunger Games-type competitions among communities. These competitions reduce their costs and improve their bottom lines. But is it economically rational for the cities? As long as governments are acting independently, yes, it is rational for them to race to the bottom to secure a win. So long as they are a bit better off by snagging the prize than they would have been otherwise, they come out ahead. But the metrics that politicians use are unlikely to be limited to a hard-nosed accounting of costs and increased tax revenues. Positive buzz may be enough to satisfy them.

Consider Wisconsin Governor Scott Walker’s deal with Foxconn. Just over a year ago, he was touting the $3 billion state subsidy for FoxConn’s manufacturing plant. This was the year leading up to his hard fought election fight, a fight he ultimately lost. His public statements focused on Foxconn’s promise to create 13,000 jobs. While that was a lot of jobs, it was a hell of a lot of subsidy—more than $230,000 per job, more than six times the largest amount Wisconsin had ever paid to subsidize a promised job. Walker got his campaign issue, FoxConn got its $3 billion and Wisconsin residents got … had. The $3 billion dollar subsidy has grown to over $4 billion at the same time that Foxconn is slowing down its investment in Wisconsin. So now taxpayers are subsidizing each job by well over $300,000 each. Nonpartisan analysts have determined that it will take decades, at the earliest, for Wisconsin to recoup its “investment.”

Likewise, hundreds of millions of dollars are thrown at stadiums and arenas even though economists have clearly demonstrated that those investments do not generate a positive financial return for the governments that provide these subsidies. Fancy consultants set forth all of the supposed benefits: job creation, direct spending by all of the people drawn to the facility, indirect spending by those who service the direct spenders. This last metric is meant to capture the increase in restaurant staff, Uber drivers and others who will cater to the new employees, residents and visitors to the facility. But as has been shown time and time again, these metrics are vastly overstated and willingly accepted at face value by politicians eager to generate some good headlines. They also ignore the opportunity cost of the direct subsidies—monies spent on attracting a company is money that can’t be spent on anything else. While we don’t know what it would have been spent on, it is likely to have been public schools, mass transit, roads or affordable housing in many communities.

 

The Future of Homeownership

Brooklyn Law Notes - Fall 2018I wrote a short article, Restoring The American Dream, for Brooklyn Law Notes. It is based on my forthcoming book on federal housing finance policy. It opens,

Two movie scenes can bookend the last hundred years of housing finance. In Frank Capra’s It’s a Wonderful Life (1946), George Bailey speaks to panicked depositors who are demanding their money back from Bailey Bros. Building and Loan. This tiny thrift in the little town of Bedford Falls had closed its doors after it had to repay a large loan and temporarily ran out of money to return to its depositors. George tells them:

You’re thinking of this place all wrong. As if I had the money back in a safe. The money’s not here. Your money’s in Joe’s house…right next to yours. And in the Kennedy house, and Mrs. Macklin’s house, and a hundred others. Why, you’re lending them the money to build, and then, they’re going to pay it back to you as best they can.

Local lenders lent locally, and local conditions caused local problems. And in the early 20th century, that was largely how Americans bought homes.

In Adam McKay’s movie The Big Short (2015), the character Jared Vennett is based on Greg Lippmann, a former Deutsche Bank trader who made well over a billion dollars for his employer betting against subprime mortgages before the market collapse. Vennett demonstrates with a set of stacked wooden blocks how the modern housing finance market has been built on a shaky foundation:

This is a basic mortgage bond. The original ones were simple, thousands of AAA mortgages bundled together and sold with a guarantee from the U.S. government. But the modern-day ones are private and are made up of layers of tranches, with the AAA highest-rated getting paid first and the lowest, B-rated getting paid last and taking on defaults first.

Obviously if you’re buying B-levels you can get paid more. Hey, they’re risky, so sometimes they fail…

Somewhere along the line these B and BB level tranches went from risky to dog shit. I’m talking rock-bottom FICO scores, no income verification, adjustable rates…Dog shit. Default rates are already up from 1 to 4 percent. If they rise to 8 percent—and they will—a lot of these BBBs are going to zero.

After the whole set of blocks comes crashing down, someone watching Vennett’s presentation asks, “What’s that?” He responds, “That is America’s housing market.” Global lenders lent globally, and global conditions caused global and local problems. And in the early 21st century, that was largely how Americans bought homes.

 

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The Cost of Owning Is Rising

"Balloons" by Shaun Fisher is licensed under Creative Commons Attribution 2.0.

ValuePenguin quoted me in The Cost of Owning a Home Is Rising. It reads, in part,

If you’ve looked lately at home prices in any major U.S. city, you likely got a dose of sticker shock thanks to a red-hot housing market that shows few signs of cooling off. And if that wasn’t enough of a setback for prospective homebuyers, now news comes that the cost of owning a home is rising.

In October, average mortgage rates reached 4.9%, the highest they’ve been since 2010, according to a new report from the Urban Institute. While it’s only an incremental increase over 2017’s average rate of 4.1%, it could affect both current homeowners and would-be buyers.

*     *     *

What do rising mortgage rates mean for prospective home buyers?

With mortgage rates on the rise, homebuyers may need to reassess their budgets. “Homebuyers seeking to purchase a home priced at $275,000 when interest rates were at 4% will see an increase in their monthly payment of approximately $150,” said John Myers, a qualifying broker at Myers & Myers Real Estate in Albuquerque, New Mexico. “A homebuyer who could quality for a $275,000 home at a 4% interest rate will now qualify for a home of approximately $243,000.”

But despite average mortgage rates sitting at an 8-year high, it’s still considered low enough to be attractive to millions of Americans who dream of owning a home. “Five percent remains a very low interest rate for mortgages over the long term,” said David Reiss, a professor of law and real estate expert at the Brooklyn Law School. “They were over 7% in the early ‘70s and over 17% in the early ‘80s. Rates like today’s have not been seen for more than 50 years.”

Reiss told ValuePenguin he believes that nearing the 5% threshold has more of a psychological impact than anything else, and that would-be homeowners should instead focus on how much house they need and can afford. “If the monthly cost is manageable and the house meets the needs of your family, then ignore this marker,” he said. “If you are not sure you can afford that cost month-in and month-out for the foreseeable future, then find something that is more manageable, whatever the interest rate you are offered.”

Lingering Effects of Racially Restrictive Covenants

Image by US Census as modified by Ruhrfisch

The York Daily Record quoted me in York County Neighborhoods That Once Barred ‘Any Negro or Mongolian’ Still Do Harm. It opens,

When the Rev. David and Eulamae Orr moved into the Fayfield neighborhood in Springettsbury Township in 1963, they were the first to break the color barrier in the all-white suburban subdivision.

While the Orrs were a well-known and respected York-area black couple, owners of several business enterprises and active in civil rights, their purchase of the South Harlan Street home was uncommon enough at the time to draw headlines in local newspapers.

“My parents were very dignified about it,” Charles Orr, who inherited the home, said in a 1999 interview. “They simply said it was our right, that they had worked hard, that they always had wanted a larger, nicer house and were now able to afford it.”

The color barrier that the Orrs broke through, however, was multi-layered and resilient. People found other ways to keep minorities out of the white neighborhoods even after the Orrs had crossed the line. In fact, social and economic obstacles blocking access to fair housing for minorities remain today.

And urban planning experts say such racial barriers must come down if the city and the county of York are to reach their full potential.

Restrictions elsewhere in York County

By 1963, the 1947 Fayfield subdivision restriction prohibiting the occupancy of any Fayfield home “by any Negro, or any person of Negro extraction, excepting domestic servants …” had disappeared.

The same discriminatory restrictions against minority ownership were found in the 1931 subdivision plan for the proposed Wyndham Hills area. That covenant prohibited home ownership or occupancy by any “negro” or “Mongolian.”

Brooklyn Law School Professor David Reiss, Academic Program Director for The Center for Urban Business Entrepreneurship, explained the term “Mongolian” in that time period was used to refer to “various people of Asian descent, including those of Chinese and Japanese heritage.”

The Wyndham Hills deed restriction placed minority home ownership under its “Nuisances” clause along with operating a foundry, a slaughterhouse, bone-boiling “or other establishment offensive to the neighborhood.”

And, it wasn’t just in the middle- and upper-class York County suburbs either. Two city homes a block apart on West Kurtz Avenue and West Maple Street, for example, carried the same minority ownership restrictions.

That initial covenant restriction against minority home ownership in Fayfield was to be open to a vote among home owners in the neighborhood in 1952. Fayfield homeowners were to vote whether the prohibition against minority ownership was to be removed, rescinded, altered, changed or extended for definite periods of time or perpetuity.

If that vote ever took place, York County historical records don’t easily reveal any documentation of it.

Now illegal, but effects remain

Steve Snell, former president of Realtors Association of York and Adams Counties, said those covenants and restrictions — while apparently legal when written — became blatantly unlawful. He couldn’t be sure if Fayfield homeowners took any action against them or if they were quietly removed as houses in the neighborhood were resold.

These covenants and restrictions kept minorities concentrated in impoverished neighborhoods, primarily in the city of York. The effects of this concentration of poverty remain today, according to acclaimed urban planner David Rusk and others who have studied York. Those effects are seen in everything from the rate of homicide to the school dropout rate.

 

How To Buy A Foreclosed Home

photo by Taber Andrew Bain

US News & World Report quoted me in  How to Buy a Foreclosed Home. It opens,

As home prices soar in many cities, buyers might look to foreclosures as an affordable option for landing their dream home. Typically, a foreclosure occurs when a homeowner no longer can make the mortgage payments and the lender seizes the property. The lender then requires the former owner to vacate the property before offering it for sale, usually at a discounted price. In some cases, the home is auctioned off to the highest bidder.

Foreclosures offer home shoppers the potential to score a great deal, says Elizabeth Mendenhall, a Realtor in Columbia, Missouri, who is president of the National Association of Realtors.

“Sometimes people think a foreclosure only happens to the lower end of the market, but you can definitely find foreclosures at any price range,” she says.

But while buying a foreclosure can save you a lot of cash, it does come with risks. If you pursue a foreclosure, it helps to have a “stomach of steel,” says David Reiss, law professor and academic programs director of the Center for Urban Business Entrepreneurship at Brooklyn Law School.
“There’s going to be a lot more ups and downs” than in a typical homebuying process, says Reiss, whose work focuses on real estate finance and community development.

Why Buy a Foreclosure?

In recent years, foreclosure sales have been trending downward, according to national property data curating company Attom Data Solutions. That is largely because a strengthening U.S. economy has reduced the number of borrowers who lose their homes as a result of failing to pay the mortgage. In 2017, distressed home sales – including foreclosures and short sales – made up 14 percent of all U.S. single family home and condo sales, according to Attom Data Solutions. That number was down from 15.5 percent in 2016 and a recent high of 38.6 percent in 2011.

Still, some buyers look to foreclosures to get the best possible deal. Homes may be for sale in various states of foreclosure. For example, pre-foreclosure is a period when the owner has fallen behind on payments, but the lender has not actually taken the home from the owner. Homes sold at this point often go through the short sale process, where the lender agrees to accept an amount of money from the buyer that is less than what the current owner owes on the mortgage.

Properties that are already in foreclosure are sold at an online or offline auction, or by a real estate agent. The biggest lure of buying a foreclosure is the potential savings you get compared with buying a similar nondistressed property.

“It can be like a 15 percent discount on your neighboring houses,” Reiss says. “So, it can be significant.”

But Mendenhall says how much you will save depends on the local real estate market and the stage of foreclosure of the property.

The Risks of Buying a Foreclosure

Purchasing a foreclosure involves several substantial risks, so buyers must enter the process with their eyes wide open. In many cases, if you buy a foreclosure at auction, you must purchase the property sight unseen. Reiss says this is the biggest potential danger of buying a foreclosure.

“The big, scary thing is that with a number of foreclosures, you can’t actually inspect the property before you actually bid,” he says. “That’s in part why the prices are below the market.”

Even if you can get a professional inspection on a foreclosure, you typically have to buy the house “as is.” Once you purchase the home, any problems that pop up are yours – as is the responsibility for finding and paying for a remedy. Such problems are more likely in a foreclosure than in a nondistressed property. For example, in some cases, a frustrated family might strip the home of valuable elements before vacating the house.

“Or they kind of just beat it up because they were angry about having to go through the foreclosure,” Reiss says.

The mere fact that the home is vacant also can lead to problems. Reiss says a home is like a plant – if you don’t tend to it regularly, it can wither and die. “If you happen to leave it alone on its own for too long, water leaks in, pipes can burst, rodents can get in, just the elements can do damage,” he says.

Mendenhall adds that people who lose their homes to foreclosure typically have major financial troubles. That can trigger other troubles for the new owner. “If the previous owner was in financial distress, there’s a chance that there’s more maintenance and work maybe that they haven’t completed,” she says.

Reducing the Dangers of Buying a Foreclosure

There are a few things you can do to mitigate the risks associated with buying a foreclosure. For starters, see if you can get a professional inspection of the property. Although buyers often cannot inspect a foreclosure property, that is not always the case. So, be sure to ask a real estate agent or the seller about hiring a home inspector.

“Even though it may extend the process, if you can have a qualified inspector come in, you can know a little bit more about what you’re getting into,” Mendenhall says.

If you can’t inspect the property, Reiss recommends researching its history. Look at publicly available records to find out when the property was last sold and how long the current owner had possession. Also, check whether building permits were drawn and what type of work was done. “Maybe you’ll see some good news, like a boiler was replaced two years ago,” Reiss says. “Or maybe you’ll see some scary news, like there’s all these permits and you don’t know if the work was completed.”

Also, visit the house and perform a “curbside inspection” of your own, Reiss says. “Even if you can’t go inside the house, you want to look at the property,” he says. “If you can peek in the windows, you probably want to peek in the windows.”

Knock on the doors of nearby neighbors. Tell them you want to bid on the property but need to learn all that you can about the previous owners, including how long they lived in the home and whether they took care of it. And ask if there have been any signs of squatters or recent break-ins.

“Try to get all that information,” Reiss says. “Neighbors are probably going to have a good sense of a lot of that, and I think that kind of informal due diligence can be helpful.”

Working with a real estate agent experienced in selling distressed property may help you avoid some of the potential pitfalls of buying foreclosures, Mendenhall says. Some agents have earned the National Association of Realtors’ Short Sales and Foreclosure Resource Certification, or SFR. Such Realtors can help guide you through processes unique to purchasing distressed properties, Mendenhall says.

How to Find a Foreclosure

You can find foreclosures by searching the listings at bank websites, including those of giants such as Wells Fargo and Bank of America. The government-sponsored companies Fannie Mae and Freddie Mac also have listings on their websites.

The federal government’s Department of Housing and Urban Development owns and sells foreclosed homes. You can find listings on the website.

Private companies such as RealtyTrac offer foreclosure listings online, typically for a fee. Finally, you can contact a real estate agent who will find foreclosures for you. These agents may help you find foreclosures before others snatch them up.

Is a Foreclosure Right for You?

Before you pursue a foreclosure, Reiss encourages you to ask yourself whether you are in a good position to take on the risk – and, hopefully, to reap the reward – of buying a foreclosure. It is possible to use conventional financing, or even a loan from the Federal Housing Administration or Department of Veterans Affairs, to buy a foreclosure. However, people with deeper pockets are often better candidates for buying a foreclosure.

Because the process can be highly competitive, buyers with access to large amounts of cash can swoop in and land the best deals. “You can get financing, but you need to get it quickly,” Reiss says. “I think a lot of people who go into purchasing foreclosure(s) want to have the cash to just kind of act.”

Sellers of distressed properties love cash-only buyers, because the home can be sold without a lender requiring either a home appraisal or a home inspection. “So, the more cash you have on hand, the more likely you’re playing in those sandboxes,” Reiss says.

In addition, buyers of foreclosures often need to spend money to bring a property up to code or to make it competitive with other homes in the neighborhood. “Have a big cushion in case the building is in much worse condition than you expected,” Reiss says.

He cites the example of someone who buys a foreclosure, only to discover that the piping has been stripped out of the basement and will cost $10,000 to repair and replace. “You need to know that you can handle that one way or the other,” Reiss says.

People with solid home maintenance and repair skills also are good candidates for buying a foreclosure. “I think if you’re a handy person, you might be able to address a lot of the issues yourself,” Reiss says. He describes such buyers as anyone who has “a can-do attitude and is looking to trade sweat equity for home equity.”

Reiss and Mendenhall agree that flexibility is crucial to successfully shopping for and purchasing a foreclosure. Mendenhall notes that a foreclosure sale can take a long time to complete. “It can be a long process, or a frustrating one,” she says. “It can depend upon where they are in the foreclosure process. It can take a much longer time to go from contract to close.”

For that reason, a foreclosure might not make sense for buyers who need to move into a property quickly, she says. Also, think hard about how you really feel about buying a house that needs extensive renovation work that might take a long time to complete.

“It can be hard for some people to live in a property and do repairs at the same time,” Mendenhall says.