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Palm Beach County Ranks #1 in Florida Foreclosures Second Month in a Row

3406206409 ddb2c43e45 m Palm Beach County Ranks #1 in Florida Foreclosures Second Month in a Row
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RealtyTrac Inc. announced today that Palm Beach County had Florida’s top foreclosure rate for the second month in a row, with one in every 94 homes in some stage of default in October.

Broward County had the state’s fifth-highest foreclosure rate, with one in every 110 homes involved in the foreclosure process. Broward and Palm Beach had the most filings of the state’s 67 counties.

Jerron Kelley, a foreclosure defense lawyer in Delray Beach states: “If Broward and Palm Beach are not ground zero for the foreclosure mess, they’re very close to it. Homeowners are at the point where they’re just throwing their hands up.”

In order to help clear the backlog of cases, Peter D. Blanc, chief judge of the 15th Judicial Circuit says Palm Beach County has brought in retired judges in the past several months to work through 55,000 cases.  Some lawyers say judges are quick to rule in favor of the banks, but Blanc said the judges often have no choice because homeowners aren’t showing up in court to defend themselves. He states: “Nobody’s coming in, saying ‘I made my payment.”

Still, the Palm Beach County Clerk & Comptroller’s office disputes RealtyTrac’s figures, which show monthly increases in initial foreclosure filings and bank repossessions.

Clerk Sharon Bock said in a statement that the decrease in initial filings “coincides with a move by many banks to slow and review their pending foreclosure cases.”  RealtyTrac said both sets of numbers show the same trends over time and attributes the discrepancy to “fundamental differences in methodology.”

 Palm Beach County Ranks #1 in Florida Foreclosures Second Month in a Row

Zillow: 45% of South Florida Home Sellers Took a Loss in September

Florida%27s Turnpike shield Zillow: 45% of South Florida Home Sellers Took a Loss in September
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Today, Zillow.com  offered another depressing snapshot of the South Florida housing market.

About 45% of homes sold in September in Palm Beach, Broward and Miami-Dade counties went for a loss and 42% of single-family homeowners with a mortgage are “underwater.” Furthermore, South Florida home values have tumbled 53% since peaking in summer 2006. Values have leveled off and now are what they were in July 2002.

According to Zillow.com, home values here depreciated by 15% to $143,300 in the third quarter from a year ago. Greg McBride, a senior financial analyst with Bankrate.com in North Palm Beach states: “The faster the rise, the sharper the fall. We’re still paying the price for the rapid run-up in home values earlier in the decade.”

Real estate agents are saying that many of the homes selling in today’s market are deeply discounted foreclosures and short sales that were bought for peak prices in 2004 and 2005. Some homeowners who have equity are reluctant to sell because they don’t want to accept low prices.

Stan Humphries, chief economist for Zillow, thinks the percentage of underwater borrowers in the tri-county region is holding steady compared with the second quarter and a year ago, but that’s not something to celebrate. In most cases, when homes are resold after a foreclosure, the properties no longer are underwater because the new owners have bought at drastically reduced prices. But those gains are being offset in South Florida by falling prices that pull additional mortgage holders underwater.The problem of owing more than the mortgage hurts housing demand because it prevents existing homeowners from moving. Some may not be able to break even in a sale for a decade or two. More “underwater” homeowners are choosing to let the properties fall into foreclosure because they have no hope of regaining their equity anytime soon. He concludes: “This will be a specter that hangs over the marketplace for the coming years.”

Still, the situation here isn’t nearly as bad as in Las Vegas, which leads the country with 80% of single-family mortgages underwater. Orlando is fourth at 64%. South Florida is 21st, with 347,258 homes worth less than their mortgages.

Zillow expected a national bottom in home prices in the third quarter of 2010, but that now has been pushed back to the first half of 2011. A South Florida bottom will occur sometime after that, Humphries said.

Humphries said the nation’s real estate downturn rivals the Great Depression and may surpass it in the coming months as the market deteriorates.

 Zillow: 45% of South Florida Home Sellers Took a Loss in September

JPMorgan Chase Announces They Will Restart Suspended Foreclosures

2137209605 4a092d6a6f m JPMorgan Chase Announces They Will Restart Suspended Foreclosures

JPMorgan Chase Tower

Great news for everyone in the default servicing business! JPMorgan Chase will begin re-filing affidavits later this month for some 127,000 foreclosures that have been on hold because of “robo-signing” issues.

Yesterday in Boston, Charlie Scharf, head of the bank’s retail financial services unit, told a group of analysts and investors that the company will begin resubmitting affidavits in these cases within “the next couple of weeks.”

Scharf says his company risks losing a couple million dollars each month the foreclosure proceedings are delayed. The re-filings should begin by mid-November and will take at least three to four months to complete.

Bank of America says it has begun resubmission of 102,000 cases affected by procedural errors. GMAC Mortgage has re-filed 9,523 affidavits with the courts, and is in the process of reviewing another 15,500.

Scharf says JPMorgan’s reviews have identified two fundamental problems in its foreclosure process: 1) Affidavits were approved and recorded without the signer having personal knowledge of all information in the filing. 2) Documents were notarized without being properly witnessed.

In his presentation, Scharf attempted to dispel what he said were common misconceptions about the affidavit issues. He stressed that borrowers who are current have not been foreclosed on and that all of the company’s foreclosure decisions are “based on materially accurate information” that calls for repossession of the property.

According to Scharf, JPMorgan has multiple checks and controls in place throughout the foreclosure process to confirm sufficient contact and modification efforts have been made and foreclosure decisions are appropriate.

He also assured analysts and investors that all liens and records of ownership have been properly transferred.  According to Scharf, another myth is that foreclosures are being pursued too aggressively – he states they are not. On average,

homeowners have not made a mortgage payment in over 14 months at the time of foreclosure. Some have argued that servicers aren’t able to cope with the high volumes of defaults – Scharf disagrees and claims his company can handle the workload. Scharf noted that JPMorgan currently has over 17,000 default employees with almost 13,000 involved in loss mitigation efforts. In efforts to avoid another foreclosure “freeze”, he added that staff members that are independent of the operational process are responsible for checking the loan status at least twice, once before a loan is referred to foreclosure and once before foreclosure sale.

 JPMorgan Chase Announces They Will Restart Suspended Foreclosures

Pending Sales of HUD Owned REOs May Experience Delays

300px US FederalHousingAdmin Logo.svg Pending Sales of HUD Owned REOs May Experience Delays

Rumors have been circulating that HUD is planning a moratorium on REO sales expected to close after the end of this week. However a spokesperson for the government agency states: “HUD is not suspending sales of HUD REOproperties on November 5th or any other time. HUD’s new asset managers will continue to list and sell HUD homes.”

In June, HUD announced that it was opting for a new plan of action to dispose of its inventory of repossessed property.

The agency decided to split responsibilities for maintenance and marketing of its REOs between field service managers and asset managers, and hired 55 new contractors throughout the country to fulfill these roles. HUD has decided to accelerate the transition of HUD homes located in various markets from existing Management and Marketing (M&M) contractors to its new field service managers and asset managers. As a result of this transition, HUD says it may be absolutely necessary to postpone and reschedule some closing dates.

Here is the break-down:

  • Any buyers who have a scheduled closing prior to November 5th, will close on schedule.
  • HUD homes that are under contract and have a closing date after November 5th will transition to the new contractors and may experience a short delay in scheduling or rescheduling their closings.
  • Buyers experiencing a delay in their scheduled closing will not be assessed any extension fees or penalties by HUD as a result of any postponement in closing attributed to the transition.

In June, HUD announced its inventory of foreclosed properties from the Federal Housing Administration (FHA) stood at around 44,000 homes. That’s up from what the federal agency said was its “usual average” of 35,000 to 40,000 distressed FHA properties.

The agency claims its new management structure of employing both field service and asset management contractors “will help HUD deal with this challenge of rising REO numbers.”

HUD Secretary Shaun Donovan concludes: “These new contracts epitomize FHA’s continuing effort to reduce risk, increase net returns, decrease holding times, and improve efficiency in the resale of its inventory of foreclosed properties.”

 Pending Sales of HUD Owned REOs May Experience Delays

Fannie Mae Hires 9 Law Firms to Process Foreclosures in Florida

300px US House Committee Fannie Mae Hires 9 Law Firms to Process Foreclosures in Florida

Members of the Committee on Financial Services...

After it suspended business with the David J. Stern firm in Plantation , Fannie Mae hired 9 additional Florida law firms to handle foreclosures and continues an evaluation of other companies it uses in Florida.

Fannie president and CEO Michael J. Williams said in a Wednesday letter to two Florida lawmakers that it has been conducting a review of state firms in its retained attorney network for several months and made a request for additional firms to apply to be part of the network in late August and early September. Mortgage servicers handling Fannie foreclosures are required to use firms in the retained attorney network. Until the new additions, seven firms handled Fannie’s business in Florida, including the four companies now under investigation by the attorney general’s office — Shapiro & Fishman, which has offices in Boca Raton andTampa, the Tampa-based Florida Default Law Group, the Law Offices of Marshall C. Watson in Fort Lauderdale and Stern’s office. Williams wrote: “These additional firms will help us to manage and process future foreclosure referrals in order to bolster our network’s overall capacity.”

Fannie Mae has $189 billion in unpaid home loan principal in its Florida single-family home portfolio. The loan delinquency rate on those mortgages is 12%. Fannie Mae, once a high-volume customer of David J. Stern, has suspended business with the firm and frozen all foreclosure proceedings handled by its staff. Recent sworn statements of former Stern employees taken in the state’s investigation discuss the regular practice of forging signatures on foreclosure documents, mishandling summonses and hiding flawed files from Fannie Mae auditors. Stern’s attorney, Jeff Tew, has said no intentional wrongdoing occurred at the firm.Williams concludes: “In instances where we learn that servicers or law firms are not adhering to our requirements or applicable law, we immediately engage and take appropriate action, which may include termination and notification of applicable law enforcement or regulatory agencies.”

 Fannie Mae Hires 9 Law Firms to Process Foreclosures in Florida

NEW RULING: Banks Must Prove They Actually Own the Mortgage Before Foreclosing

89x150 NEW RULING: Banks Must Prove They Actually Own the Mortgage Before Foreclosing
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According to a ruling issued in the 4th District Court of Appeal In West Palm Beach this past Wednesday, banks now need to show evidence they actually own and hold the mortgage on a home when asking judges to foreclose on a property.

A three-judge panel overturned an earlier summary judgment by Palm Beach Circuit Court Judge Thomas Barkdull III, that allowed US Bank National Association to repossess a Boca Raton couple’s home. The foreclosure went through even though the lender did not show the original note or other acceptable proof of ownership. Peter Snyder, the Boca Raton lawyer representing homeowner Guiseppe Servedio states: “Some judges have been lax about the rules of evidence. I think that what this case says is you better have the original note.”

The decision comes amid mounting reports of foreclosures getting judicial approval despite missing or poorly prepared documents, including lost notes. On Wednesday, lender Wells Fargo admitted it made mistakes in 55,000 foreclosure cases and promised to fix them. Wells Fargo said it plans to refile the documents by mid-November in 23 states, including Florida, where foreclosures must go through the courts. The move comes just two weeks after Wells Fargo officials issued a statement saying its affidavit procedures and daily auditing “demonstrate our foreclosure affidavits are accurate.”

The company said the mistakes were technical and that it had no plans to halt the foreclosure process as some other large banks have done. Teri Schrettenbrunner, a Wells Fargo spokeswoman states: “We don’t believe that there are instances in which the foreclosures would not have occurred otherwise.”

Although the Servedios’ house was sold after foreclosure, Snyder won court approval for them to continue living there during their appeal. The appellate decision is not final for 15 days, giving the lender time to respond.

Shapiro & Fishman, one of four large Florida foreclosure law practices being investigated by the Florida attorney general for alleged inaccurate or false documents, is handling the Servedio case for US Bank. The firm could not be reached for comment Wednesday despite several attempts by phone and e-mail, but in the past has denied any wrongdoing.

In the appellate opinion, the judges said that even though US Bank later gave the courts a copy of the original note, it was insufficient because it was submitted after Barkdull finalized the foreclosure. The judge concludes: “Without evidence demonstrating [the bank's] status as holder and owner of the note, genuine issues of material fact remain.”

 NEW RULING: Banks Must Prove They Actually Own the Mortgage Before Foreclosing

Chase is Holding Foreclosure Prevention Event Today

300px Wamu svg.svg Chase is Holding Foreclosure Prevention Event Today
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Today in Sunrise, along with county, city and state officials, JPMorgan Chase is hosting a free foreclosure event.

At this event, borrowers whose home mortgages are from Chase, Washington Mutual and EMC can meet with loan advisors to discuss their options.

State Rep. Hazelle Rogers, D-Lauderdale Lakes, Broward County Commissioner Albert C. Jones and Broward County Task Force representative Phyllis Brown are also participating.

The foreclosure prevention event runs from 11 a.m. to 6 p.m. at 13450 West Sunrise Blvd., Suite 250 in Sunrise.

Those attending should bring:

  • Most recent 30 day’s pay stubs (6 months for self-employed homeowners)
  • Most recent year’s tax returns and W-2s
  • Most recent monthly bank statement (4 months for self-employed homeowners)
  • Documentation for any other income (such as rental income or unemployment)
  • Proof of taxes paid
  • Proof of insurance paid
  • Proof of HOA dues paid (if applicable)
 Chase is Holding Foreclosure Prevention Event Today

South Florida Home Prices Dip in August

300px Cshpi peak.svg South Florida Home Prices Dip in August

Change of the Case-Shiller Home Price Index re...

According to Standard & Poor’s/Case-Shiller Home Price Index, after several months of modest increases, South Florida home prices fell in August.

Prices in Palm Beach, Broward and Miami-Dade counties dipped 0.3%  in August from July and 1% from a year ago.

Nationally, August home prices declined in 15 of 20 metro areas. David M. Blitzer, chairman of the Index Committee at Standard & Poor’s, called it a “disappointing report” that shows the housing market continues to “bounce along the recent lows.”

The index measures prices of the same house over time, rather than recording median prices for homes sold in a month, as the Florida Realtors trade group does.

Data for September released Monday showed that the median price in Broward increased 7% from a year ago. Palm Beach County’s median was down 7% from last year.

Analysts conclude that recent prolonged foreclosure freezes by major lenders could hurt prices here and elsewhere in the long run.

 South Florida Home Prices Dip in August

Broward County: Home Prices Up & Sales Down; Palm Beach County: Prices Down & Sales Are Up

300px Cities of Palm Beach County.svg Broward County: Home Prices Up & Sales Down; Palm Beach County: Prices Down & Sales Are Up

Even though Broward County home prices rose this past September, a long-term recovery hinges on the depth and duration of foreclosure freezes by several big lenders.

Yesterday, according to Florida Realtors, the county’s median price of existing homes sold last month was $214,200, a 7% increase from a year ago and sales fell 16% to 673.

In Palm Beach County, the median price dropped 7% to $225,900, while sales rose 7% to 801.

Prices in the two counties have been up and down for most of the year. And that could continue following the recent clamor over foreclosure paperwork.

During the past month, Bank of America, GMAC, JPMorgan Chase and PNC Financial Services halted all or parts of their foreclosure processes in Florida and other states, reducing the number of cases handled in the courts.

A spokesman for the Palm Beach County Clerk said courts there cancelled more than half of the 1,700 sales of foreclosed homes, during the month of October through Monday.

According to the Clerk of Courts office, in Broward County, figures for October were not available. But in September, almost 38% or 1,411 of the 3,762 scheduled foreclosure sales were cancelled during the month.

The number of cases moving through the court system “is very light,” Broward Chief Judge Victor Tobin said. He states: “Last week was very slow and this week is slow.”

Analysts predict that if the foreclosure delays spread to other banks and last into next year, the resulting backlog will keep the housing market depressed.

Distressed homes, including foreclosures, accounted for 35% of sales nationwide in September.

Real estate agents and mortgage brokers expect prices to increase temporarily because fewer foreclosed homes are available for sale. But once the freezes are over, those properties will flood the market, causing prices to fall again, as they have for much of the past five years.

Tom Meyer, chief executive of Kislak Mortgage in Miami Lakes, said roughly half the home loans his firm is working on have been suspended. Loan officers tell him that borrowers now are interested in non-foreclosed homes because they don’t want to worry about potential problems postponing or canceling sales. He states: “I think that indicates that prices will stabilize and increase, albeit for a short period of time. But that won’t be a fundamental reflection of a stronger housing market.”

Moody’s Economy.com doesn’t expect the foreclosure freezes to last long enough to hurt housing’s supply and demand. Chris Lafakis, an economist covering Florida for Economy.com states: “It may just be a matter of weeks.”

On Monday, which was supposed to be the day Bank of America re-started its foreclosure process, the nation’s largest mortgage servicer pulled back from its announced schedule. A bank spokesman said its attorneys had asked courts in the judicial foreclosure states not to proceed with 102,000 cases. In a statement, he insisted “the bases for our foreclosure decisions have been accurate.”

According to spokesman Dan Frahm said, the average borrower in foreclosure in the third quarter was 18 months behind on payments and one in three properties was already vacant.

Bank of America said it has reviewed its process and has put in place new steps and controls.

Foreclosure defense attorneys are skeptical that the process can be re-started smoothly.

Attorney Gary Handin of Coral Springs concludes: “I can’t understand how they can have tens of thousands of foreclosure cases resolved quickly. I’m a small office and if you asked me to go through every one in my office it’d probably take us a month.”

 Broward County: Home Prices Up & Sales Down; Palm Beach County: Prices Down & Sales Are Up

Nation’s Largest Banks Hold Over 20 Billion in Foreclosures EACH

4047601378 878a0d7dd3 m Nations Largest Banks Hold Over 20 Billion in Foreclosures EACH
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According to new data released this week, the nation’s largest banks are holding enormous volumes of distressed home loans. Not only has the housing crisis left major lenders knee-deep in an ocean of non-performers, but added exposure to early delinquencies means they could sink even deeper.

According to an analysis by Weiss Ratings, JPMorgan Chase, Bank of America, and Wells Fargo each reported more than $20 billion in single-family mortgages currently foreclosed or in the process of foreclosure as of midyear. In addition, Weiss found that for each dollar these banks held of mortgages in foreclosure, there were an additional $2 in loans in the pipeline that were 30 days or more past due.

Among all U.S. banks, JPMorgan Chase has the largest volume of mortgages in foreclosure or foreclosed with $21.7 billion. On top of that, the company has $43.4 billion more in mortgages past due.

Compared to JPMorgan, Bank of America has a somewhat smaller volume of foreclosures — $20.3 billion — but it has a larger pipeline of past-due mortgages at $54.6 billion.

Wells Fargo’s foreclosures come to $20.5 billion, with $48 billion in overdue home loans.

According to Weiss, including all foreclosed and delinquent categories, Bank of America has the largest volume of bad mortgages among U.S. banks, with $74.9 billion, while Wells Fargo has the second largest with $68.6 billion.

Other banks, despite their large size, are less heavily exposed to mortgage difficulties. Citibank has $6.3 billion in foreclosures and $19.2 billion in past-due mortgages, or a total of $25.6 billion.

The volume of foreclosures and delinquencies held by other large banks, such as U.S. Bank ($9.5 billion), PNC Bank ($8.9 billion), and SunTrust ($7.3 billion) is even smaller.

Martin D. Weiss, chairman of Weiss Ratings, states: “In addition to the volume of bad mortgages, the vulnerability of each bank to the foreclosure crisis depends on the capital and loan loss reserves it has set aside to cover losses and other factors such as its earnings, liquidity, reliance on less-stable deposits, and the quality of its overall loan portfolio.”

Among banks with $1 billion or more of mortgages already foreclosed or in process of foreclosure, Weiss found that Wells Fargo has the greatest exposure to bad mortgages in proportion to its capital. For each dollar of Tier 1 Capital, the bank has 75.4 cents in bad mortgages, or a ratio of 75.4%.

The equivalent ratios for JPMorgan Chase, Bank of America, and SunTrust are 66.8%, 66%, and 57.6%, respectively.

Weiss explained that losses on foreclosures and past-due loans will first be absorbed by the banks’ loan loss reserves, but then they may have to dip into capital. He states: “Considering that many large banks also take other kinds of risks beyond strictly home mortgages. These are very large exposures that could directly impact shareholders and even the safety of depositors.”

Reflecting both their exposure to foreclosures and the other economic factors, the JPMorgan, BofA, and Wells all merit a rating of D (“weak”) or lower from Weiss Ratings, indicating vulnerability to financial difficulties and instability if conditions continue to deteriorate.

 Nations Largest Banks Hold Over 20 Billion in Foreclosures EACH
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