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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

Foreclosure Freeze Leaves Buyers Out in the Cold

300px Lake Worth Pier Foreclosure Freeze Leaves Buyers Out in the Cold

Statewide, sales of bank-owned homes are being called off, leaving buyers scrambling to find places to live.

At the same time, a freeze on REO evictions has halted efforts to revive derelict homes, forcing continued deterioration of some South Florida neighborhoods.

The move by three of the nation’s largest lenders to pull back foreclosure operations in light of flawed court documents is causing an unexpected chain reaction of real estate tumult. People who had remained unscathed by the market crash are now caught in the disarray, while those struggling to get out of the mire are pulled back in with commissions lost on canceled sales or more delays in cleaning up vacant homes.

Norman Lachance is living with a friend after he was told 90 minutes before he was to get the keys for a bank-owned home last week that Fannie Mae was canceling the closing. The JPMorgan Chase-managed property near Fort Lauderdale is now on real estate’s equivalent of a do-not-call list.

Lachance states: “I gave up my apartment because I was supposed to be in my home Oct. 1. I bought insurance, paid for an inspection, had the electricity turned on. My lawyer asked how long this situation would take. There was no answer to that.”

Lachance said his $75,000 cash payment already had been wired when the closing was canceled. He said he was told that if he asks for the money back, he will lose his hold on the home.

Fannie Mae spokeswoman Amy Bonitatibus said Wednesday that she couldn’t speak specifically to Lachance’s case, but in general sales are halted on homes where there may be issues with foreclosure documents. She states: “Transactions on such properties are on hold until the servicer can verify that the problem has been rectified.”

Fannie Mae is offering buyers of affected homes the opportunity to cancel the contract and get a full refund on deposits or extend the contract, in which case Fannie Mae will hold the earnest money in escrow.

In the past two weeks, Chase, Ally Financial Inc. and Bank of America suspended parts of their foreclosure machines after acknowledging that employees may have failed to personally verify tens of thousands of foreclosure affidavits.

Politicians nationwide are calling for investigations and for all lenders to freeze foreclosures, including sales of bank-owned homes, which make up a growing portion of real estate transactions.

According to analysts at RealtyTrac, in the second quarter of this year, bank-owned homes represented 14% of total sales in Florida.  In Palm Beach County, they made up 7%.

Fewer than 1% of Florida home sales in 2005 were of foreclosed properties.

Last week, U.S. Rep. Alan Grayson, D- Orlando, asked the Florida Supreme Court to halt state foreclosures. He was told that the court has no such power.

On Monday, U.S. Rep Ted Deutch, D-Boca Raton, called for a hearing in the House Judiciary Committee on the use of flawed documents to take people’s homes. He states: “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.”

Tim Polovina, owner/broker of North Palm Beach Realty, wishes today’s market were just a bad dream. While much of the recent uproar has focused on illegal foreclosures and keeping people in their homes, he sees another side: what happens after they’re gone.

Polovina represents the banks in selling repossessed homes. Much of his business is now on hold and he has seen several closings canceled. He states: “There are going to be a lot of disgruntled people over this. Some of these Realtors may have been counting on the closing to pay their own mortgage.”

According to Polovina, Fannie Mae is asking buyers to sign extensions that expire Dec. 30 if they want to hold on to the house. He concludes: “We’ll definitely lose buyers.”

Current homeowners also may suffer. On Wednesday, a scheduled sheriff’s eviction of a Tequesta home was canceled because of the freeze. The house, with broken windows, overgrown shrubbery and a massive unkempt banyan tree, is full of furniture and debris, although neighbors don’t believe anyone is living there. Rats infest the house, they have told the property manager.

Carmen Indrei lives across the street in a neatly kept home. She said her husband sometimes cleans up the yard of the dilapidated house. She concludes: “It would be better to have someone living there.”

 Foreclosure Freeze Leaves Buyers Out in the Cold

July Sales Down 12.4% From Last Month

300px US DeptOfCommerce Seal.svg July Sales Down 12.4% From Last Month
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Sales of new homes unexpectedly sank 12.4% in July from the prior month, showing continued weakness in the housing market absent government stimulus.

Yesterday, the Commerce Department said that sales of new, single-family houses in July were sold at a seasonally adjusted annual rate of 276,000 units. That is 32.4% below the July 2009 estimate.

The government report claims that sales of previously owned homes dove in July, falling 27.2% over the prior month and igniting fresh concerns over the economic recovery.

The new-home sales numbers — registered when a consumer signs a purchase contract on a home, as opposed to existing sales numbers that are measured when a deal closes escrow — give the most current snapshot of buyer interest in the market absent the popular $8,000 federal tax credit for shoppers.

Economists surveyed by Bloomberg News had expected some modest improvement after new-home sales plunged in May and then bounced back in June.

Dan Greenhaus, chief economic strategist for New York brokerage Miller Tabak + Co., wrote in a research note:

“The fallout from the first-time home-buyers credit continues, but in a perverse way, this is a good thing. Investors are getting their first ‘organic’ look at the housing market in nearly one year.”

The median sales price of new houses sold in July 2010 was $204,000 while the seasonally adjusted estimate of new-home inventory at the end of July was 210,000, representing a supply of 9.1 months worth of supply at the current pace.

This Month in Real Estate (US) : August 2010

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New Fannie Mae Website Helps Distressed Borrowers With Next Step

Yesterday, mortgage giant Fannie Mae launched a new website for distressed homeowners who need help figuring out what to do next.
Knowyouroptions.com offers information on refinancing, repayment plans, forbearance agreements, mortgage modifications and other possible solutions.
Homeowners who no longer can afford their mortgages but want to avoid a foreclosure on their credit history can learn about graceful exits — short sales and deeds in lieu of foreclosure.
Spokesman Jason Vasquez states: “We want to avoid foreclosure. That’s just not good for anybody.”
The website is interactive and available in English and Spanish. Borrowers don’t need Fannie Mae loans to take advantage of the site. 
 New Fannie Mae Website Helps Distressed Borrowers With Next Step

South Florida Ranks #10 in Nationwide Foreclosures

Today, RealtyTrac Inc. announced that South Florida has the nation’s 10th-highest foreclosure rate, with 3.89% of homes receiving a notice during the first half of 2010.

In terms of sheer numbers, the Miami metro area, which includes Palm Beach, Broward and Miami-Dade counties, led all regions with 94,466 homes in some stage of foreclosure from January through June. That’s off 8% from the previous six months, but up roughly 11% from the first half of 2009.

Florida led with nine communities on the list, including #8 Orlando. Florida, California, Nevada and Arizona accounted for all top 20 metro foreclosure rates.

James J. Saccacio, RealtyTrac’s chief executive, indicated that while foreclosures may have peaked in some markets, the lack of job growth could continue to be a drag on housing. Therefore, more foreclosures would lead to more price declines.

Bank of America Sets Up New South Florida Office to Help Homeowners

300px Fort Lauderdale Skyline 7 Bank of America Sets Up New South Florida Office to Help Homeowners
Bank of America is due to open its first customer outreach center in Florida tomorrow.
So far, in the midst of the mortgage meltdown in South Florida, it has been impossible for a borrower looking for help with a mortgage to have a face-to-face conversation with a “homeownership retention specialist” at one of Florida’s largest lenders – until now.
This will be BofA’s seventh such office nationwide and they claim it will have also associates there who can “help customers facing hardship with their auto, credit cards and personal loans.”
To make an appointment, please call 954.308.9592.
The new center in Fort Lauderdale will be open from 10 a.m. to 7 p.m. on weekdays and starting this weekend, 10 a.m. to 2 p.m. on Saturdays.

Fannie Mae is Cracking Down on Strategic Defaulters

Fed up with the growing trend of strategic defaulting, the government-run mortgage company Fannie Mae stated it will not back new loans for those borrowers for seven years.
Furthermore, Fannie also indicated it would instruct lenders to sue homeowners who abandon properties for the unpaid mortgage balances.
Fannie is hoping this new stance will discourage people from walking away.
Do you think this will be effective?
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