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Unfortunately, most of the time you cannot use assignments on foreclosures. In case of REOs, most banks will have it in their contract that it is not assignable.

I had the same problem on a foreclosure I put under contract. The buyer wanted me to assign the contract to him and I nearly lost the deal. Eventually he decided to go ahead and buy the property from me even though I could not assign it to him and let him close on my contract.

I actually have done a few assignments on foreclosures, so it is not completely impossible – but very unlikely. Just ask, and every now and then you will deal with a bank rep who doesn’t care, but Extremely Rarely! I would go ahead thinking that you will not be able to assign the contract.

One way to go when buying REO’s is to put REO’s under contract in an LLC then sell the LLC to an end buyer to avoid the non-assignment clause. It takes a little work but it can be an excellent strategy.

Another way to go if assigning the contract is out of the question is to find an attorney that will do a double closing. You can also have a hard money lender set up so that you would be able to fund the deal for the flip. I do this all the time now. I have a lot of guys who will lend me hard money, even though I hate paying the price for borrowing. Sometimes it is a grand just to borrow the money for an hour, but if I can pay 1k to make 5-10k or higher I will do that all day long.

When you are sure the house will sell fast, do what I do and put your earnest money down. Get thirty days to close (I have never had a problem with that except in rare cases where they offered me a super deal if I would close sooner) and start marketing it. The bottom line is if you think you have buyers for the property, don’t let anything stop you from making an offer.

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