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BREAKING NEWS: Bank of America and GMAC will Resume Foreclosures in Florida

150x104 BREAKING NEWS: Bank of America and GMAC will Resume Foreclosures in Florida

Bank of America and Ally Financial‘s GMAC Mortgage have finally begun to lift their freezes on more than 100,000 foreclosure cases in Florida , stating they are not finding flaws in their paperwork.

Yesterday, Bank of America issued a statement saying that it expects to begin going back next week to courts in the 23 states where foreclosures are a judicial process, including Florida. According to spokesman Dan Frahm, the lender is preparing to re-submit documents in 102,000 foreclosure cases already underway.

Also yesterday, Ally Financial spokesman James Olecki confirmed that GMAC is re-submitting documents in some foreclosure cases including at least one in Florida “as each of those files is reviewed and remediated when needed.”

Among major lenders, Bank of America had called a halt to all foreclosure sales nationwide. It also, along with GMAC, JPMorganChase and PNC Financial Services, initiated reviews in the 23 judicial foreclosure states. Bank of America later extended its review nationwide. Wells Fargo did not undertake a review of its procedures. Major lenders in September began announcing halts to all or parts of their foreclosure processes, after revelations — in sworn statements submitted in lawsuits in which homeowners are fighting foreclosures — showing that employees or representatives failed to verify mortgage paperwork before submitting foreclosure cases to courts.

The so-called “robo-signers” said, under oath, that they handled thousands of documents each month without knowing whether they were accurate, as required by court procedure.

The GMAC and Chase documents surfaced in Palm Beach County cases that are still going through the courts.

On Monday, Bank of America stated its “initial assessment findings have shown the basis for our foreclosure decisions is accurate.”

GMAC’s Olecki stated: “Again, we have been in the midst of a review for approximately two months and have found no evidence of any inappropriate foreclosures to date.”

A spokesman for JPMorgan Chase repeated the bank’s intention to review about 115,000 foreclosure files and delay foreclosure sales.

Yesterday’s developments won’t speed the foreclosure process in Florida’s overburdened courts, said Alexander Fernandez, director of homeownership preservation for Neighborhood Housing Services of South Florida. He noted there are more than 50,000 cases in Broward County alone that are still pending. And renewed cases, he said, would probably go to the back of the line.

 BREAKING NEWS: Bank of America and GMAC will Resume Foreclosures in Florida

GMAC Finds “No Evidence” of Improper Foreclosures

150x104 GMAC Finds No Evidence of Improper Foreclosures

Image by Getty Images via @daylife

GMAC Mortgage states the company “has found no evidence to date of any inappropriate foreclosures.” Even though reviews of foreclosure affidavits involving homes in 23 judicial states are ongoing.

On September 20th, after evidence surfaced that members of the company’s servicing staff were signing off on thousands of foreclosures a month without checking the paperwork for accuracy or following proper procedures as mandated by state laws, GMAC suspended foreclosure and REO sales in states where courts oversee homeowner evictions and property repossessions

The company froze all foreclosure activities in order to review case files from those states. GMAC said at that time it expected any foreclosure delays resulting from the temporary suspension “to be resolved within the next few weeks and certainly before year end, without serious consequence.”

In a statement issued Tuesday, GMAC said the review and remediation efforts related to cases in the 23 judicial states has been underway for approximately 2 months and will continue. GMAC stated: “As each of those files is reviewed, and remediated when needed, the foreclosure process resumes.”

The company also announced that it has engaged several legal and accounting firms to conduct independent reviews of its foreclosure procedures in each of the 50 states.

In addition, the company has tasked what it called a “specialized team” to provide second-look evaluations of all foreclosure sale files nationwide. According to GMAC, this team is responsible for ensuring that: home preservation procedures have been fully followed; the timing and substance of the foreclosure is appropriate; and the file itself is in good order and complies with all laws and requirements of the state of jurisdiction. GMAC said in its corporate statement: “Foreclosure is a very serious matter and only implemented when all other home preservation options have been fully exhausted. We are taking these additional steps to restore confidence in the process, which is critical for the stability of the home and mortgage industry.”

GMAC’s announcement comes one day before a coalition of state attorneys general from as many as 40 states are expected to launch a joint investigation into the company’s foreclosure processes.

Other firms that have announced voluntary foreclosure suspensions – including JPMorgan Chase, Bank of America, PNC Financial, and Litton Loan Servicing – are also expected to be targeted by the states’ coordinated investigation.

 GMAC Finds No Evidence of Improper Foreclosures

Developer Jorge Perez Struggling to Reach Deal with Lenders on Trump Hollywood

452982670 4730c92411 m Developer Jorge Perez Struggling to Reach Deal with Lenders on Trump Hollywood

Developer Jorge Perez seems to also be affected by the condo bust and is having trouble negotiating an agreement with a group of lenders on Trump Hollywood.

Perez said he and partner Donald Trump want to slash prices at the luxury oceanfront development, but the lenders are hesitant to do so. Perez states: “It’s just a matter of adjusting prices to the new reality.”

He has worked out deals with lenders on CityPlace South Tower in West Palm Beach, the lavish Icon Brickell condo in downtown Miami and four other projects across the state.

In some cases, he continues to manage the project after handing it back to the bank. In others, he stays on as the owner and sends all sales proceeds to the lender. However, Perez expects it to be resolved shortly: “This is the only one where there is an impasse.”

The high-profile development duo unveiled Trump Hollywood more than a year ago at prices ranging from $1.3 million to $7 million. At the time, housing analysts were skeptical that Perez and Trump would be able to sell the units, considering the depressed market.

Undaunted, Perez said he had lined up commitments for more than two-thirds of the 40-story project. However, a spokeswoman said last week only 21 of the 200 units have closed.

Perez opened up Thursday before speaking briefly to prospective investors at the Boca Raton Marriott. He was there to pitch The Oasis, a 125-unit waterfront condo in Fort Myers.

He’s having 40 of the units auctioned on Nov. 20. Just some perspective, in 2005, Oasis units sold for $400 to $450 a square foot. Now they’re going for about $150 a square foot.

 Developer Jorge Perez Struggling to Reach Deal with Lenders on Trump Hollywood

BREAKING NEWS: Deutch Calls for Congressional Hearing on Banks’ Handling of Foreclosure Cases

5038309402 c1d222c894 m BREAKING NEWS: Deutch Calls for Congressional Hearing on Banks Handling of Foreclosure Cases

Congressman Ted Deutch, Florida's 19th Distric...

U.S. Rep. (D-FL) Ted Deutch wants lawmakers to take a look at how the rights of homeowners may be compromised by accelerated foreclosure proceedings adopted by Florida and other states.

Bank of America on Friday joined GMAC Mortgage and JPMorgan Chase as giant lenders suspending foreclosures because of questions about employees following proper procedures.

Deutsch wrote in a letter to John Conyers, chairman of the House Judiciary Committee: “The court system has failed these families, and it is the obligation of this Congress to find out why.  The foreclosure crisis is still very real, and too many families are learning what it means for the American dream of homeownership to become a nightmare.”

 BREAKING NEWS: Deutch Calls for Congressional Hearing on Banks Handling of Foreclosure Cases

BREAKING NEWS: Bank of America Announces It Will Stop Wholesale Lending

300px Bankofamericaporterranch BREAKING NEWS: Bank of America Announces It Will Stop Wholesale Lending

Today Bank of America Corp announced it will close the wholesale lending channel of its company that it obtained with its acquisition of Countrywide Financial Corp.

The company plans to focus more operational resources toward fulfillment capacity for its direct-to-consumer retail channel, which helps existing and new customers obtain mortgage financing, and toward enhancing its leadership positions in corresponded and warehouse lending.

In a press release, Barbara Desoer, president of Bank of America Home Loans states: “By exiting the first mortgage wholesale channel, we can redirect critical operational resources to further enhance our capabilities in direct-to-consumer channels. This is an investment in strengthening our competitive position by delivering on the services our mortgage customers expect from Bank of America.”

Bank of America said it will work closely with clients to fulfill loans currently in progress. According to the press release, Bank of America’s share of the first mortgage wholesale channel was just eight%  last year, but had almost 26% market share in the correspondent mortgage channel, and a 22% share of the market in retail mortgage originations in 2009.

Doug Jones, president of Bank of America Institutional Mortgage Services, stated: “Bank of America remains committed to purchasing and financing loans from correspondent lending clients, including those approved to originate loans from mortgage brokers. We intend to build upon our leadership position in that market to provide enhanced liquidity to the smaller financial institutions and independent mortgage companies that supply mortgages as our correspondent clients.”

The press release also noted that current employees impacted by the closing of the wholesale channel will be given an opportunity for redeployment to other BofA home loan units.

 BREAKING NEWS: Bank of America Announces It Will Stop Wholesale Lending

BREAKING NEWS: Other Lenders to Follow Chase and Suspend Foreclosures

 BREAKING NEWS: Other Lenders to Follow Chase and Suspend Foreclosures
JPMorgan Chase is putting the brakes on 56,000 cases nationwide and is the latest firm to suspend actions against homeowners in foreclosure.  To make matters worse-  South Florida attorneys and mortgage industry executives expect other major lenders to follow.

They say the poor handling of mortgage documents, uncovered in several South Florida cases, has been standard practice among firms that process and file mortgage cases. Some are calling for federal intervention to halt foreclosures nationwide.

Guy Cecala, chief executive officer and publisher of Inside Mortgage Finance, states:We’re expecting the other servicers to follow Chase. They all used the exact same documents and processes or, if not exactly the same, it had a great similarity.” According to Cecala, Chase is the nation’s third largest mortgage servicer, handling almost $1.4 trillion in loans.

Christopher Immel — an attorney at Ice Legal in Royal Palm Beach, the firm that has brought the questionable documents to light in two cases — agreed that documentation problems are endemic in the foreclosure industry, and others are likely to take the same steps as Chase and GMAC Mortgage, which last week suspended foreclosure sales and evictions. He goes on to say: “We know it goes beyond GMAC and JP Morgan (Chase), although we don’t necessarily have the depositions yet to support it.”
On Wednesday, Chase told its attorneys to notify homeowners, their lawyers and courts to stop 56,000 foreclosure cases because some of its employees might have improperly prepared the necessary documents. Spokesman Tom Kelly said the lender believes “the accuracy of the factual loan information” in its affidavits hasn’t been affected and plans to submit “updated” affidavits to the courts as appropriate.

Chase has 4,129 foreclosure cases under way in Broward County. GMAC has 865. So far this year 26,462 foreclosures have been filed in Broward, in addition to tens of thousands of older cases that have not yet been settled. In Palm Beach County, Chase has filed 2,164 foreclosures this year, although it is impossible to tell how many of those cases are unresolved.

Yesterday, GMAC Mortgage spokesman James Olecki said the lender is continuing to review all of its foreclosure affidavits in the 23 states where the lender and loan servicer halted evictions and stalled short sales, and plans to be finished by the end of the year.

Other large mortgage lenders have not said their foreclosure process is tainted by bad documents. Yesterday, representatives with Bank of America and PNC Bank could not be reached for comment despite several attempts by phone. Wachovia/Wells Fargo spokeswoman Vickee Adams stated her company “will stand by our affidavits and, if we find an error, we will take the appropriate corrective action.”

In the wake of the GMAC announcement, U.S. Rep. Alan Grayson, D- Orlando, called on the Florida Supreme Court to halt foreclosures. The court declined, saying it did not have the power to do so.

Yesterday, Craig Waters, spokesman for the Florida Supreme Court, said the court does not plan any action in response to Chase’s decision. “If they tell us they want to stop, naturally we’ll stop,” said Broward Chief Judge Victor Tobin. He said that might slow down the process in local courts, which have been swamped by foreclosures for three years.

One Chase case under scrutiny involves Beth Ann Cottrell, a Chase employee who prepares documents for foreclosure cases. She said in a deposition with Immel in May that her office signed more than 18,000 documents a week. In answer to questions, she said she did not personally know the information in the documents, as required by the courts, and did not verify it.

Thomas W. Olsen, president of Continental Mutual Mortgage Corp., a Miami mortgage lender, said part of the problem is the use of “foreclosure mills,” law firms that handle huge volumes of cases and who in turn funnel the production of papers to “document mills.” The major banks use “a small group of law firms in each state set up to do foreclosures on a mass scale,” he said. Olsen has done mortgage fraud research for the Federal Bureau of Investigation and is working with several foreclosure defense law firms.

In Florida, the four largest foreclosure law firms are under investigation for fraud by Attorney General Bill McCollum. The Florida Default Law Group and the law offices of Marshall C. Watson, David Stern, and Shapiro and Fishman are facing allegations of filing fraudulent documents. Attorney Gerald Richman, speaking for Shapiro & Fishman, said Chase was a client of the firm. Spokespeople for the other three firms could not be reached for comment despite phone messages.

Weston attorney Roy Oppenheim says the state Supreme Court’s decision to spend millions to speed up foreclosure cases is ultimately going to slow the whole process down. He concludes: “It’s going to backfire on everyone who thought they could ramrod these foreclosure through while denying people due process.”

 BREAKING NEWS: Other Lenders to Follow Chase and Suspend Foreclosures

Foreclosures Still Dominate South Florida Home Sales

2539334956 87cef7e457 m Foreclosures Still Dominate South Florida Home Sales

While buyers are taking advantage of the bargain prices, homes in some stage of foreclosure continue to cast a long shadow over the South Florida real estate market.

Today, according to RealtyTrac, nearly 4 in 10 Broward County homes sold during the second quarter were in default, scheduled for auction or bank-owned.

From April to June, Broward’s share of homes sold in distress was 38%, well above Palm Beach County‘s 24%, which also is the national average.

Broward had 4,978 foreclosure-related sales in the second quarter. That declined slightly from the first quarter but still was the most of Florida‘s 67 counties.

Palm Beach County had 2,245 distressed sales, a 21% increase from the January-to-March period.

The federal homebuyer tax credits played a role in reducing the number of foreclosure-related sales in some markets, James J. Saccacio, chief executive of Irvine, Calif.-based RealtyTrac, said in a statement. He called that “a temporary dip” and expects the April 30 end of the tax credits to send more buyers back to distressed properties. Many people looking to qualify for the $8,000 and $6,500 tax rebates dismissed foreclosures and short sales because they wanted to complete their purchases quickly.

Broward’s average sales price of a home in the foreclosure process was $121,500, and the average discount was 18%. The average sales price in Palm Beach County was $146,625, and the average discount was 23%. The South Florida metro area, which includes Palm Beach, Broward and Miami-Dade counties, led all areas across the state with 11,662 foreclosure-related sales during the second quarter.

A home would not be considered in the foreclosure process if the owner was current on the mortgage payment but still trying to complete a short sale. Foreclosure-related sales made up roughly a third of all transactions across Florida during the second quarter. In 2005, foreclosures represented less than 1% of all sales nationally. Distressed homes usually are in disrepair and are priced below market value. Some prospective buyers prefer to look at homes not in foreclosure because they’re in better condition.

Douglas Rill, broker of Century 21 America’s Choice in West Palm Beach, is surprised that only 24% of the sales in Palm Beach County were foreclosure-related. He said distressed sales account for about half of his firm’s business, and he never has seen such a high percentage in his 38 years in the business. He states:  “The depth of this real estate recession is remarkable.”

Terry Story, a real estate agent for Coldwell Banker in Broward and Palm Beach counties, said many of her clients are “underwater,” owing more than the homes are worth. They’ve lost jobs or had sharp drops in income and are hoping to complete short sales and avoid foreclosure. She concludes: “I’m seeing pure, hard economic reasons why people are doing what they’re doing.”

 Foreclosures Still Dominate South Florida Home Sales

New Bill Calls for Refinancing of 30 Million Fannie & Freddie Mortgages

300px US House Committee New Bill Calls for Refinancing of 30 Million Fannie & Freddie Mortgages

Members of the Committee on Financial Services...

This past Thursday, legislation to stabilize the foreclosure crisis through the federal government’s conservatorship of Fannie Mae and Freddie Mac was introduced in the U.S. House of Representatives by Congressman Dennis Cardoza (D-California).

The Housing Opportunity and Mortgage Equity (HOME) Act would require Fannie and Freddie to allow borrowers to refinance their mortgages by locking in today’s record-low interest rates for longer fixed-term loans. The legislation would affect up to 30 million mortgages held or backed by the two GSEs.

To fund the program, Fannie and Freddie would issue new mortgage-backed securities (MBS) to fund the refinanced mortgages and use the proceeds to pay off the existing mortgages.

Fannie and Freddie would receive the same cash flow to cover default risk that they do now, passing along the reductions in financing costs to borrowers. Borrowers that qualify for the program would be able to refinance without facing penalty fees.

According to Rep. Cardoza, the measure would help stabilize the housing market by decreasing the inventory of foreclosed homes and reducing declines in property values from issues surrounding blight and abandonment.

At the same time, he argues that those with mortgages backed by Fannie and Freddie would have additional disposable income, providing a direct economic stimulus.

Cardoza said in a statement: “No solution to date has addressed both foreclosure prevention and the decline of home equity. The reality is the housing crisis has spread far beyond the subprime market, hindering our economic recovery.”

Cardoza says the proposal has gained increased interest as more economists realize that measures aimed at addressing the foreclosure meltdown have not been sufficient. He also criticized the administration’s current housing programs for not being strong enough to make a dent in the worst foreclosure crisis in U.S. history and stated: “Until we see a program that cuts to the heart of the recession, we will continue to see little growth in our economy, families losing their homes, and lifetime investments with lost equity.”

The legislation was initially introduced in January 2009. It has been modified based on new input Cardoza received from the House Financial Services Committee and several well-reputed economists, including Christopher Mayer, senior vice dean of Columbia Business School, and Mark Zandi, chief economist for Moody’s Analytics.

Mayer concludes: “If we allow housing to go into a free fall, everyone loses: taxpayers will have more bailouts, homeowners will watch their homes continue to decline in value, local communities will struggle to fund their schools. Everyone loses. Housing is an important part of what is holding back the economy. The government has a chance to help housing without harming the deficit. We should take it.”

Zandi added: “With mortgage rates near record lows, the quickest and most effective way policymakers can help the economy is to facilitate more mortgage refinancing. The HOME Act does this at little or no cost to taxpayers.”

 New Bill Calls for Refinancing of 30 Million Fannie & Freddie Mortgages

Home Sales Decline in Palm Beach & Broward

2539334956 87cef7e457 m Home Sales Decline in Palm Beach & Broward

Sign Of The Times - Foreclosure

As predicted, South Florida home sales continue to slide following the expiration of the federal home buyer tax credits this past summer.

Today, according to Florida Realtors, Broward County posted 683 sales of existing homes in August, down 5% from July and 16% from a year ago. Palm Beach County had 793 homes trade hands last month, down slightly from July but up 5% from August 2009.

Nationally, existing home sales rose 7.6% in August to a seasonally adjusted annual rate of 4.13 million units from 3.84 million in July. Still, sales remain 19% below a year ago.

Lawrence Yun, chief economist for the National Association of Realtors, stated: “The housing market is trying to recover on its own power without the home buyer tax credit . Despite very attractive affordability conditions, a housing market recovery will likely be slow and gradual because of lingering economic uncertainty.”

According to leading analysts,  the tax incentives gone combined with the reeling job market has many potential home buyers hesitant to commit. Demand probably won’t improve for the rest of the year.

Slower sales likely will hurt prices. South Florida median prices are down compared with a year ago.

Broward’s median in August was $206,700, off 5% from August 2009. Palm Beach County’s median was $227,800, a 7% decline from a year ago.

 Home Sales Decline in Palm Beach & Broward

Why is GMAC is Halting the Foreclosure Process in South Florida?

56267666 Why is GMAC is Halting the Foreclosure Process in South Florida?

A GMAC Real Estate sign, attached to a sign advertising 0% down financing, is posted in the front yard of a home

GMAC Mortgage threw a new twist into the foreclosure process in Florida and 22 other states.

Hundreds of South Floridians facing foreclosure were sent into a new level of uncertainty this past  Monday when one of the nation’s largest mortgage-servicing companies told real-estate agents to stop evicting the residents and put on hold any sales of properties that had been taken back from homeowners.

GMAC has 865 pending foreclosure cases in Broward courts as of Monday. The company also filed 940 foreclosure cases in Palm Beach County since the start of 2009, according to records from clerks of court in each country. The records don’t indicate how many of the Palm Beach cases are still pending.

It wasn’t immediately clear whether that means GMAC borrowers who are facing foreclosure would get a temporary reprieve. But the report contained hints that the company may change its course. The company told real-estate agents and brokers that it might “need to take corrective action in connection with some foreclosures.”

A spokesperson for Ally Financial, the Detroit-based parent of GMAC Mortgage, confirmed the report which was first published by Bloomberg News based on an internal memorandum. The report stated that GMAC told real estate agents and brokers to stop evictions, cash-for-key transactions and lockouts.

Also, sales will be suspended for GMAC-owned properties, closing dates are to be extended 30 days and buyers can cancel purchase agreements and get their deposits refunded.

The spokesperson would not provide any other details and the company did not issue a statement. However, GMAC Mortgage did not say it was putting all foreclosures on hold.

The South Florida housing market is one of the nation’s hardest hit by foreclosures. To clear a backlog of tens of thousands of pending cases, the state’s courts last summer initiated streamlined procedures and started sending troubled borrowers to mediation with their lenders. But critics of the system have said that the so-called “rocket dockets” are not allowing homeowners or some mortgage holders to get a fair shake.

Guy Cecala, publisher of Inside Mortgage Finance, a trade publication said GMAC is the nation’s fifth-largest mortgage servicer, handling mortgages valued at a total of more than $349 billion as of June 30. Cecala said there are no state-specific numbers available but he estimates GMAC could account for 10 to 15 percent of the mortgage servicing in Florida. Cecala states: “Like most people I don’t have any inside information on exactly why GMAC is doing it. It’s clearly some legal problem or concern they have that somehow the foreclosures could be challenged.”

The company has recently come under fire in courts in Florida. In April, St. Petersburg-based Circuit Judge Anthony Rondolino threw out a GMAC foreclosure after he found that legal papers from GMAC’s law firm were filed by someone who had no knowledge of the mortgage’s status. In June, American Residential Equities, a Miami-based real-estate company, filed a federal lawsuit against GMAC alleging neglect of thousands of mortgage loans and properties since 2004.

American Residential Equities’ President and CEO Jeffrey Kirsch charged the company with not following instructions, failing to report results, bungling the servicing process and jeopardizing the value of the mortgages. In addition, the lawsuit accuses GMAC of failing to maintain its properties and protect them against weather damage, vandalism and fines from governments. He stated in a press release: “GMAC has systemically mismanaged hundreds of loans and properties in our portfolio.”

Advocates for troubled borrowers were buzzing about the possibilities that there would be a foreclosure moratorium at GMAC and the possibility that other lenders might follow suit. Ally Financial who is formerly known as GMAC Inc. has the  federal government as its majority owner, following a $17 billion taxpayer bailout.

Terri Schmitz, senior underwriter and president of Amerifirst Funding in Fort Lauderdale, concluded: “The good news is that for some foreclosures the process was not handled properly but the playing field is being leveled.”

 Why is GMAC is Halting the Foreclosure Process in South Florida?
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