Have you ever tried calling up a bank to inquire about a foreclosed property that interests you and actually forgot some of the questions you were supposed to ask?
Update: Get an expanded version of this list through my 60-item Due Diligence Checklist which is available for free to all email subscribers. If you have not yet subscribed, click here now to subscribe and grab our 60-Item Due Diligence Checklist!
You then quickly say thanks, hang up, and you’re too embarrassed to make another call when you remember the questions you forgot to ask.
I’ve been there and I know how it feels. However, there is a solution for this.
All you need is practice and a ready set of questions that can serve as your script so you can ask questions like a seasoned real estate investor. So here you go…
31 Questions you need to ask before buying a foreclosed property…
- What are the payment terms? You need to find out what’s the minimum down payment, how long are the payment terms, interest rates, and whether the interest rates are fixed, and the monthly amortization.
- Can you give details about the property like the exact address, type of property (single detached, town house, multi-door apartment etc.) number of bedrooms, toilet and bath, parking slots, etc? You can confirm all of these when you visit the property (check the location for other properties for sale to see if it really is cheaper). Read: Are foreclosed properties cheaper in the Philippines
- Can I buy the property without the need to go through a public auction? This is an offshoot of my experience with pre-auction bids.
- Is the foreclosed property occupied? Read: Why we don’t recommend buying occupied foreclosed properties (even if they are cheap)
- If there are occupants, have they already agreed in writing that they are leaving the property by the time it gets sold? If not, move on to your next property or say thank you and hang up. Trust me on this!
- If the occupants will be leaving, what is the buyer’s assurance? You need to determine if the seller will give back all the money you may have paid by then like your show money and down payment if in case the occupants don’t honor the agreement to leave.
- Does the property have a clean title?
- Can I have a copy of the Title?
- You will need this to get a certified true copy at the registry of deeds plus trace-back (a trace-back is the previous TCT or CCT which has been cancelled and replaced by the current one due to a transfer of ownership), including a copy of the mother title if the title is a CCT.
- When you get a certified true copy, check for any annotated mortgages, liens, encumbrances, adverse claims, etc. The new TCT/CCT should be clean while the trace-back would normally include the mortgage amount, which is what the bank needs to recover. Hint: This helps when deciding how much you are willing to pay when submitting an offer.
- If the title is still under the name of the previous owner, the bank is most probably still in the process of consolidating the title (examples: Buena Mano Yellow Tag and Red Tag Properties). For a more detailed explanation about title consolidation, read this: Pag-IBIG Acquired Assets: For Title Consolidation Meaning (Safe To Buy?)
- Who shoulders the Capital Gains Tax (CGT) or Creditable Withholding Tax (CWT)?
- If the buyer shall be shouldering the CGT or CWT, how much would it be? You should ask the bank or the seller to come up with the computation so that there will be no surprises and you can include this in your analysis. To learn more about CGT and CWT, you may want to read my previous posts about CGT and CWT.
- How much is the Documentary Stamp Tax? Ask for a computation and verify if it’s correct.
- How much is the annual real property tax and is it updated?
- Is the real property tax or amilyar updated? If not, who shall shoulder the updating of the real property tax up to the time you buy the property? Usually, real property taxes of foreclosed properties are left unpaid for a number of years resulting in a significant amount in arrears and penalties. It might even get included in a tax delinquent property auction. Normally the seller does the updating to avoid these, but you should verify this. To learn more about real property tax or amilyar, read this: Amilyar in the Philippines: A Simple Guide to Real Property Taxes
- Are there any other taxes applicable to the purchase of the property like VAT, etc? If yes, how much? Again, you should avoid any surprises that could eat up all your profits and could even result in a loss for you.
- If the property you are looking at is a condo, are there any arrears in the monthly dues?
- If there any arrears in monthly dues, who shoulders the updating?
- How much are the monthly dues per square meter of floor area and how much per month in total? This is essential for you to check how the property compares to other similar properties (is it cheap or expensive compared to others?). You can actually use these info to calculate the After Repair Value or ARV, which is a future market value of the property.
- For properties in subdivisions or villages, Are there any arrears in the homeowners’ association dues and who shoulders this?
- Aside from homeowners’ association dues, are there any other expenses you will have to pay and how much?
- Are there any arrears for utilities like water/electricity?
- If there are arrears for utilities like water/electricity, who shall shoulder the updating of the arrears?
- Are there service entrances for electricity/water connections for the property to begin with?
- If electricity/water connections are not available, How much would it normally cost for a connection to become available for your property?
- If electricity/water connections are available, how much would a reconnection cost?
- When shall the buyer be given authority to renovate the property or take control of it? The earlier you can renovate a property and have it ready for occupancy so it can be sold or leased, the better. Some banks give control of the property once the Contract-To-Sell (CTS) has been finalized or when the title has been transferred to the name of the buyer in case bank financing is through a mortgage.
- How much can I have the property rented out or what are the rentals for comparable properties in the same area?
- How old is the property? Of course a newer property is more desirable but an old property that is in good shape could also indicate a high build quality that could mean the property is built to last.
- What is the condition of the property? You need to find out early on if major repairs are needed.
- Is the property accessible? You can also ask for a copy of the vicinity map and directions.
- Are there any schools, churches, markets, hospitals, etc. nearby? You can verify this using the info you’ll get from question #29.
- Ask for any details about the property that may affect finding tenants or buyers, etc. For example, has there been a murder/suicide on the premises of the property, etc. I got this tip from my broker. She told me her experience in having difficulty selling one foreclosed property where someone had died and she swore she will avoid such cases in the future. I made sure that she was not talking about the property I got through her. =)
Why I am sharing this list of questions
This is the set of questions I use as part of my due diligence. I just added some more after reviewing my recent acquisition of a foreclosed property and noticed that I overlooked some of the details. I’m just lucky that things turned out okay for me.
I’m sharing this list so that it can help you avoid making the same mistake I did when I missed important property details, when it’s your turn to do your due diligence.
Tips when using this list
You can use this list of questions as is, or you may choose to add or remove questions to suit your needs, just print this and have it handy when you call the bank to inquire.
Don’t forget to take down the answers you get (so you won’t forget) and always ask questions while smiling so you’ll come across as friendly and build rapport.
Try to keep the conversation free flowing and the call should only take about 10 to 15 minutes.
Got anything to add?
I really believe this list of questions would be a big help especially to new real estate investors, I just wish I had a similar list when I was starting.
Do let me know if I may have left out anything by leaving a comment below so I may add it here.
Thanks!
Update: Get an expanded version of this list through my 60-item Due Diligence Checklist which is available for free to all email subscribers. If you have not yet subscribed, click here now to subscribe and grab our 60-Item Due Diligence Checklist!
![Why invest in foreclosed properties in the Philippines? + Top things to consider [Video]](https://www.foreclosurephilippines.com/wp-content/uploads/2023/03/video-how-to-invest-in-foreclosed-properties-in-the-philippines-v3-728x410.jpg "Why invest in foreclosed properties in the Philippines? + Top things to consider [Video] 6")
Hi Jay,
In relation to item 5 and 6, assuming the property was already abandoned by the previous owners, is this okay?
The bank per the record do not have physical possession of the property because at the time they froeclosed it (2 yrs ago), the owner was still occupyingf the place, no physical turnover happened therefore they,the bank, applied for a writ of possession. But now, although, the writ of possession is still ongoing, it is confirmed (by me) that the previous owner already abandoned the property.
Basically, the bank is selling this to buyers who will assume the risk of evicting the previous tenants/owners. But since it is already abandoned, is there still a risk on my part as a buyer if i purchase ths unit?
Many Thanks!
P.S. this is such an informative website. Keep up the good work! More powr
Hi Jef, thanks for the compliment, much appreciated!
With regard to your question, I would suggest you wait for the writ-of-possession before you(or the bank) take actual possession of the property, to avoid any technicalities.
Thanks again Jef!
Thanks, Jay
Sorry to bother you again, what possible technicalities that could arise? Really appreciate your feedback on this.
Regards
Jef
By the way, do you hold real estate investing seminars? Would love to attend it.
thanks for posting! you’re doing everyone such a great service. more power!
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what is the official term for a trace-back if i want to request one from the registry of deeds? i already have a copy of the tct. thanks and more power!
Trace-back is already the term you can use, you just need to say up to how many transfers you want to check. Thanks and goodluck!
Good day Jay,
Thanks for sharing this very informative blog site. It is a really a big help for anyone interested in going into the real estate investing.
I am currently out of the country and holds dual citizenship. I am paying a visit in October this year. My husband and I are planning to spend and enjoy our retirement here in a few years from now.
How can I bid or place an offer on a property? I can give the bank a call but would they consider my offer considering that i am not a resident?
I would greatly appreciate any additional information/guidelines you could share.
Thanks very much.
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Hello ,Mr Jay.Can I pls have a copy of rent to own contract?Thank you very much for the informative blogs.More power and God bless.
There is just no doing away with being prepared. The 31 questions really help you determine the direction you are going to go. Details are important, the more you find out, the better informed you will be when you make those decisions.
Hi Jay,
Few weeks ago, I was searching everywhere for properties for sale particularly on farmlands. Then my digging brought me to this website. Since then I feel like I’m becoming obsessed with property hunting and analysis. I’ve read every single post and so far, I think, everything is “consumable” – nothing to throw that is. Kudos for the great job bro!
Now, I started analyzing properties and actually sent some queries to banks (I’d say they are accommodating, so far) and received prompt and comprehensive replies. With the help of your “Analysis Steps/ Tips” it’s a breeze doing the math. Your posts are very useful and quite easy to understand even for a newbie like me. By the way, I am an Engineer based here in Saudi, and I feel like I’m gonna go into it (foreclosure biz)soon!
My question is regarding your “suggestion to just make an offer at 40% below market value” and in relation to your “31 Questions you need to ask when inquiring about a foreclosed property” , which I readily used in one of my previous queries with the bank.
I think a possible follow-up question to “27. How old is the property?” would be “when was the property foreclosed?” I think it’s worth including but I’m not sure whether this may add to the buyer’s leverage in the negotiation table.
Just like in one property I inquired, I learned that it has been foreclosed since 1998 (but with caretaker, and the property is in the bank’s possession). I don’t know if 12 years of “inactivity” is just normal for foreclosed properties. Hence, Jay, can you judge the seller’s motivation in this instance? Shall I apply your “-40% Rule” in the negotiation? Or, that “40% less” will be applicable in any offer I will make, regardless of the situation and condition of the property? Do you think this “40%” is worth trying also in other property types, on farmland, maybe?
Thanks for your help and may God Bless you.
Hi Sir Jay,
Me too, can I have a copy of the Rent-to-Own Contract sir? Although, I haven’t taken the first step yet due to financial problem, I know one of these days, I’ll be on my way to financial freedom. As my mentor, I won’t go wrong. Mabuhay ka Sir Jay. My emai add is [email protected].
Thank you.
I am so thankful I’ve come across your blogs about investing in real estate, its my first time, but i think its worth investing my time learning from you, thanks for sharing your precious experiences and wisdom to all of us who are presently broke but dreaming to have a financial freedom like you. God Bless You!
Mukhang ang hirap naman pala bumili ng foreclosed properties na parang mas mabuti nalang na bumili ka nga bagong properties. Pero maraming salamat sa list kasi it helps people na maging aware sa mga anong dapat gawin.
.-= Jonha´s last blog ..My Rags to Clothes Story – A Modern Rags to Riches Story =-.
This is really helpful! You have shared valuable information in this site.
i am looking for a house&lot/condo/townhouse to buy in makati for residential use up to 1.2M budget. Hope you can provide me a comprehensive list of current assets for sale in makati that would fit in my budget.
Thanks a lot and God bless you more
Great advice. I’m rather new to real estate investing. I think this is a fantastic place to start. Like what Mr. Jayson says, a great help for newbies.
.-= Jun´s last blog ..Retire to the Philippines =-.
This blog is a great help for real estate investors especially for the newbie in real estate investing…
I salute to Mr.Jay Castillo.
Hi Jay,
Just found this article again. I read this already but would want to review again. Thank you!
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Good Day Jay,
I find your blog very imformative and interesting……I have one question sir ? If ever I could acquire a house & lot thru Bank financing.. can I re sale this property…. Many thanks for whatever information you can give,.me . More power……God Bless..
Hi Edwin,
Yes, if you acquired a property thru bank financing, you can sell it. The exact procedure depends on the bank and the payment method of your buyer. Just to give you an idea, if your buyer will also pay through bank financing, the buyer’s bank will issue a loan guarantee and take out the loan from the bank where you have your bank financing. The buyer can also assume your balance so you might have to get your profits from the downpayment. Some banks will also allow the assignment of the Contract-To-Sell (CTS). It really depends on the bank so I would suggest you let the bank know upfront that you are an investor so that they will let you know your options.
Thanks and God bless you too!
Hi Jay Castillo.
I have been reading your for one week now and I would say it is really helpful to me as a newbie in real estate investing. Thanks a lot really for the generous information you are sharing here.
Like the other readers, I also like to request a copy of the rent-to-own contract and sample purchase proposal letter of acquired asset to bank.
Here’s my email address: [email protected].
Thank you again. Hope to meet you in person.
PEDER
Hi Peder,
Thanks for taking time to patiently read my posts, really appreciate it! Re: the rent-to-own contract, you can get a copy in my post featuring A Sample Rent-To-Own Contract.
Thanks again for the kind words and I’ll also email you.
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Hi,
I just want to ask..what does “no consolidated title and no possession” in a foreclosed property means.
Kindly enlighten me.
Thanks.
Hi Renee, “No consolidation” means the property is still under the name of the previous owner as indicated on the TCT/CCT. It would take some time to have this transferred to the bank’s name, and then it can be transferred to the name of the buyer.
“No possession” means that the property is still occupied and normally it will be up to the buyer to eject the occupant and take possession of the property. Ejection cases can take years to resolve hence I would recommend beginning investors to stay away from occupied properties.
Thanks for visiting!
Hi Tukayo,
This is my first time to visit your blog.
I find your blog very informative and interesting. My brod Jolly, who is also into real estate investing & brokering, has mentioned your blog last Saturday,and he recommended it highly. I just proven he’s right.
May i ask for a sample of a rent-to-own contract?
Jay Villar
I have filed a letter of intent to purchase a foreclosed property from a bank and have in fact deposited the purchase price. However I failed to ask them of these suggested questions. It is almost 6 months now but they have not yet given the GO signal. The bank informed me that the property is land locked. I don’t know whats keeping them, but I am seriously interested despite the information that it is land locked. Please comment/advise me.
Hi Almabeth, maybe they are securing a right of way for your property as a corrective measure for the property being land-locked. I would highly suggest you drop by at their office for a meeting to discuss why it is taking so long. I’m also concerned that your money is asleep(natutulog at walang kinikita) and not earning any interest for the past 6 months. It would be okay if you had not paid yet but since you already paid, I don’t think it is fair for you. Just my two cents. JUst let me know if you need anymore information. Thanks for visiting!
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Hi Anonymous, since you are currently unemployed, why not try to get involved with a real estate firm or a broker and be an agent. You can get your “feet wet” with real estate and have an idea on the ins and outs of real estate in general. You also get to visit areas and familiarize yourself with market values, rental values, etc. which you would need to evaluate foreclosed properties. You also get to learn how to sell and if you do get to sell a property, you get to earn a commission which you can use to start investing in foreclosed real estate.
Do always remember that you should keep evaluating properties until you realize that you begin to know a good deal when you see one. Once you enhance this skill, it would be very easy for you to buy your first deal when you have saved enough money, of if you happen to find someone who is willing to finance your deal.
Good luck and thanks for dropping by!
Hi Jay,
Thanks for sharing this list; it really is very helpful. I’m thinking of getting into real estate investment, but I have absolutely no idea how to get started. On top of that, I am currently unemployed, so I’m afraid I would automatically fail the bank’s credit investigation. Is there a way for me to still penetrate this industry given my situation? I’m looking forward to your reply. Thanks!
Hi Anonymous, since you intend to purchase them at the same time, I see no reason for the bank not to allow this, as long as your net disposable income can support payments for the house and lot and the vacant lot.
It would be okay to buy properties that are for-sale-by-owners (FSBO) as long as you do the same due diligence(checking authenticity of titles, ownership, checking for any liens, inspection of the property, etc). One advantage of getting foreclosed properties is that most are selling below market value. On the other hand, if the owners who are selling their property are highly motivated or if they urgently need to sell a property, you just might get their property below market value as well.
Thank you also for visiting!
hi jay,
thank you, indeed this is very helpful!
your site has been a blessing to me and to a lot of people! ive been visiting your site and recvd ur mails.
i wanna start investing on this..
i found a house and lot plus a vacant lot but the title’s name still with the parent of the owner. the house and the vacant lot will be divided. and they dont want it to sell it separately. they are on the process of transferring the Title to their names.
im gonna loan this thru a bank
is it possible to loan two different title in one setting?
would you suggest buying directly from the owners or thru a bank’s foreclosed property?
thank you!
Hi japs, thank you, glad to be of help and I also wish and all visitors success!
I noted a few banks do tend to sell their properties at market value, they probably think there are people out there who are willing to buy at those prices. However, this often just makes the property harder to sell and after some time, they will eventually have sell it at a lower price. I suggest you just make an offer at 40% below market value and if they reject it then move on to the next property/bank. If after a month or two the property remains unsold(which is very likely), you may submit another offer. I learned about this technique from one of my mentors and it can give you unexpected results where you just might end up very pleasantly surprised.
Hi Mr. Jay, as usual your site has been of great help. I am sure that you will be successful as you are helping a lot of people.
Regarding buying foreclosed properties from a bank, I saw this property from the Assets for Sale of Metrobank. I like the property, but the price is same with the market value of the property which is around 1.4million. I have been reading here about proporties at 40% lower than market value. It would a good deal if i can get it ,say, at 1million cash. I just wonder if offering that much lower (around 30% discount) is possible?
Hello Realestateinvestor, I have just sent you a copy through e-mail, please check.
Hi realestateinvestor. Okay, will e-mail you a copy. I’ll also be posting a sample soon so do watch out for it. You’re welcome and thanks for visiting!
Good day!
Thank you for starting a blog like this. I admire you sharing your ideas and for helping us newbie and eager-to-be investors.
I hope you could also send me a copy of a sample rent-to-own contract.
Can I also ask if you have a sample purchase proposal letter of acquired asset to bank. My email add is [email protected]
Thank you in advance and more power!
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Hi Sanny, Theresa, I have already sent the sample RTO contract through e-mail. Please check. Thanks!
hi Jay,
your blog has been very helpful and informative for us newbie real estate investors. Please provide me too with a copy of same rent to own contract for my reference at [email protected] tnx. theresa
Hi Sanny, sorry for the late reply to your comment. Been very busy with the property I acquired recently. I hope to finish it soon so I can share more info about it, until then, I have to keep a tight lid on it.
Okay, I’ll send you a copy of a sample rent-to-own contract. I’ll also be sharing common forms/contracts like this for easy reference for everyone here. By the way, congratulations for taking the big step into real estate investing!
Hi Jay,
Thanks for this informative list. I hope you could also send me a sample rent-to-own contract as I am starting my way to real estate investing. My email address is [email protected]. More power!
Hi Dinah, you’re welcome! I just read your recent blog post, how’s your water connection? =)
Hi Marlyn, glad to know you are learning from this blog, I also learn a lot from readers like you. I’ll send you a sample copy of a generic rent-to-own contract(Contract of Lease w/ Option to Purchase). Thanks for dropping by!
Can I also have a copy of a generic rent-to-own contract (Contract of Lease wlth Option to Purchase)? My e-mail ad is anstsm@yahoo,com. Thanks in advance Sir Jay.
Jay can you send me the template as well? How does this work? After acquiring a foreclosed property, can I immediately make a rent-to-own deal with another buyer using this document or do I need to inform the bank where I took out the loan? As far as I understand, I deal with the bank and its up to me what to do with the property. What if my buyer defaults? How does the sale goes frm acquiring the property thru an auction/bank financing down to selling it to another buyer on a rent-to-own basis whereas the third party buyer effectively is paying for the amortization? What are the needed paperworks between me and the other buyer?
@Anonymous, for public auctions, you just need to bring your show money or managers check to qualify for the bidding. Take note that in case you win your bid, you would have to pass the bank’s credit investigation. However, before you start investing, it would be better to equip yourself first with education on investing in real estate. I’ll be sharing how I got started in a new post, watch out for it. Thanks for visiting!
This blog Is very informative, I am really pleased to post my comment on this blog. It helped me with ocean of knowledge regarding fore closure so I really believe you will do much better in the future. Good job web master.
The best thing is, Your mortgage lender or your legal housing/credit counselor can help you decide which option is best for you.
wow, thanks for this great list! very exhaustive and informative. hirap kasi kumausap sa bangko pag parang di mo alam ang tinatanong mo. at least when you have this checklist, you feel confident and they will answer you truthfully 🙂
hi, this is marlyn, i’m learning so much from your website and your daily emails…just want to thank you for that…as a newbie to real estate investing, i would like to ask if you have a copy or a format about rent to own contract? i hope you can help me on this…thank you very much and looking forward to your response..
kindly email me at
[email protected]
good day!
sir, how do a beginner start to bid? are there requirements to enter a bidding process?
i am interested but i don’t know how to, am just thankful that i come across your topics.