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MEMO #1024: Convey Condition - 12/27/02

The single most important question you will have to answer for work orders on HUD/FHA properties "Is the property in convey condition?" .

Once a property has gone to sale, our clients have 30 days from the sale date (if already vacant) or eviction date to convey the property to HUD/FHA. If the 30 day deadline is not met, our clients can incur daily financial penalties.

Our clients and our goal is to ensure all properties convey to HUD/FHA within that 30 day time frame. Our clients need approximately 10 days in house to perform all their internal procedures, leaving Safeguard with a very short turnaround time to complete the work required to report the property in convey condition (ICC).

When we place a CONVEY or CONVEY PER BID work order, it is imperative that the work be completed timely. All bids must be submitted immediately to allow time to get bid approval and the work performed within the available time frame. Any delays will place the loan out of compliance and create financial penalties for our clients.

Following is a checklist for you to review if all of the listed conditions have been addressed when you report that the property is in convey condition. Please review this checklist each time you are reporting on a convey order.

Requirements for a property to be considered In Convey Condition

A property is ready to convey if the following requirements have been met:

  • The mortgage company has clear title to the property. This is usually accomplished as a result of the foreclosure sale and is not within our control.

  • The property is not occupied. If the property is occupied after the foreclosure 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 property 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 guideline requirements.

  • Grass has been cut within two weeks of conveyance, if conveying during grass cut season.

  • The property is free from any damage, other than that due to mortgagor neglect/unfinished renovations, except for fire, water, freeze, flood, earthquake, tornado, hurricane, boiler explosion, vandalism, and roof damages.

  • There are no outstanding property condition code violations or citations.

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.

For additional clarification please contact your regional coordinator.

Have a safe, happy and prosperous New Year.


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