To convey means to transfer the ownership of real property from one to another. The transfer uses legal documents such as a deed which records all the information about the transfer.
The most common use of the term “property conveyance” in the property preservation industry is when discussing or performing the services necessary to meet the HUD specifications for the condition of a property that is being transferred, or conveyed, to HUD.
HUD’s document: General Requirements For Preservation And Protection of Properties Securing FHA Insured Mortgages covers in detail the necessary procedures for property conveyance to HUD.
The attributes a property has to have to be considered in conveyance condition can vary depending on who is calling the shots. For instance, if I am an investor and use a broker to find properties for me, I can require the broker to offer for my consideration only properties that are painted lavender. For me to consider the property in conveyance condition, it has to be lavender.
Since you are a visitor of Cubic Yard, I am going to have to assume that you are involved in property preservation in some way or another; and probably dealing with HUD properties. This will make it a little easier to answer your question. My answer will apply to HUD properties.
Let’s start with conveyance condition. HUD requires:
• The property be undamaged by fire, flood, earthquake, tornado, hurri-cane, or boiler explosion.
• If conveyance is during grass cutting season, the grass must have been cut within two weeks of conveyance
• Mortgagees are to remove materials considered unhealthy or hazardous are to be removed prior to conveyance
There are further HUD conveyance condition requirements concerning roof damage, mold and fire insurance claims but whether these would be a condition for conveyance of any one property depends not on whether they exist or not, but rather when they occurred, when they were discovered and when they were reported.
Additional attributes are mandated by the M&M and they may vary a little from one area to the next but these property attributes usually are:
• The mortgage company has clear title to the property. This is usually accomplished as a result of the foreclosure sale
• The property is not occupied. If the property is occupied after the fo-reclosure sale, the mortgage company must go through eviction proceedings
• The property is secure and has been secured following the guideline requirements including lock codes
• Outbuildings are secure and have been secured following the guideline requirements including lock codes
• Boarding, if required, has been completed and was completed following the guideline requirements
• Pools, hot tubs, and/or spas are secure per the guideline requirements
• The property has been winterized per the guidelines
• Utilities have been transferred into the mortgagee’s name, if required by the guidelines. This requirement depends on heating system type and regional variation
• If the property has a sump pump, the sump pump is functional and electricity is on and transferred into the mortgage company’s name.
• Exterior debris and health hazards have been removed from the prop-erty per the guideline requirements
• Interior debris and health hazards have been removed from the property if guidelines for that area call for removal
• Personal property has been removed from the property per the guide-line requirements
• Grass has been cut within two weeks of conveyance, if conveying dur-ing grass cut season
• The property is free from any damage, other than that due to mortga-gor neglect/unfinished renovations, except for fire, water, freeze, flood, earth-quake, tornado, hurricane, boiler explosion, vandalism, and roof damages.
• There are no outstanding property condition code violations or cita-tions.
If any of the above listed is not completed, the property is not in convey condition. The only exception to these requirements occurs if HUD has been advised of an issue where the requirements have not been met and has agreed to accept the property as is.
Now, what loan types are affected? All mortgage plans can be divided into two categories – conventional and government loans. Any mortgage loan other than an FHA, VA or an RHS loan is a conventional loan. HUD properties will have government loans and here is a little information about the three types of loan types affected.
FHA Loans – The Federal Housing Administration (FHA), which is part of the U.S. Dept. of Housing and Urban Development (HUD), administers various mortgage loan programs. FHA loans have lower down payment require-ments and are easier to qualify than conventional loans. FHA loans cannot exceed the statutory limit.
VA loans – VA loans are guaranteed by U.S. Dept. of Veterans Affairs. The guaranty allows veterans and service persons to obtain home loans with favorable loan terms, usually without a down payment. In addition, it is easier to qualify for a VA loan than a conventional loan. Lenders generally limit the maximum VA loan to $203,000. The U.S. Department of Veterans Affairs does not make loans, it guarantees loans made by lenders. VA determines your eligibility and, if you are qualified, VA will issue you a certificate of eligibility to be used in applying for a VA loan. VA-guaranteed loans are obtained by making application to private lending institutions.
RHS Loan Programs – The Rural Housing Service (RHS) of the U.S. Dept. of Agriculture guarantees loans for rural residents with minimal closing costs and no down payment.
Ginnie Mae which is part of HUD guarantees securities backed by pools of mortgage loans insured by these three federal agencies – FHA, or VA, or RHS. Securities are sold through financial institutions that trade government securities.
Some contractors are reluctant to ask their client what they consider conveyance condition for fear of appearing to lack experience. Most clients however, would really prefer you ask. Most have a check list for the contractor to go by. We have done hundreds of property preservation jobs and we go by our client checklist. Every time!
Everything I have written here can be made invalid by your client. If they require only that the property be lavender in color then that is all you will have to be concerned with. The client you are working for always has the final say.
What steps do I need to go through to determine a bid to place a property in conveyance condition?
Every company that a contractor may work for, may interpret the regulations a little different from their competition; or, they may add services to what they feel are the basic minimum services in order to distinguish themselves from their competitors.
HUD regulations state their minimum requirements for conveyance condition as indicated in the question above. Some of the minimum requirements will not be the responsibility of the contractor, such as ensuring that the mortgage company has clear title to the property. The M&M responsible for the property as well as the servicing company sending work to contractors may additional requirements to the HUD minimum.
Contractors can be almost certain that all of the minimum requirements must be satisified and there will probably be additional items added by the M&M or the servicing company.
The work order should be fairly specific as to what is to be done or make reference to the servicing company’s contractors’ manual which hopefully is more specific.
