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David J. Stern Resigns as CEO of DJSP Enterprises

2836822969 ba04468395 m David J. Stern Resigns as CEO of DJSP Enterprises
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Attorney David J. Stern has resigned as CEO of DJSP Enterprises less than a month after he stepped down as the company’s chairman, due to the fact that his foreclosure operation continues to be investigated by state regulators.

According to new filings with the Securities and Exchange Commission, the move came as DJSP also let another 157 employees go. The latest staff reduction follows a massive lay-off of 70% of Stern’s work force earlier in the month after the company’s two largest clients,  Fannie Mae and Freddie Mac, stopped using the firm and pulled its pending foreclosure cases.

Stern is the only major client of the publicly traded DJSP, one of the nation’s largest foreclosure servicers with processing and title affiliates. Based in the British Virgin Islands, it was created when Stern sold his law firm’s non-legal operations to DJSP for $58 million.

In a written statement, DJSP officials said Stern was resigning to concentrate on his law firm’s operations. He is succeeded by Stephen Bernstein, the company’s interim chairman, who will earn a $500,000 annual base salary, according to filings. He states: “I am prepared to lead the company through the fundamental changes required for it to adapt to its new operating environment.”

 David J. Stern Resigns as CEO of DJSP Enterprises

5 Top Mistakes Investors Make When Submitting Offers on REO Properties

Gohomenew  5 Top Mistakes Investors Make When Submitting Offers on REO Properties
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Join me for lunch tomorrow (November 17th, 2010) when I speak in front of the South East Florida Real Estate Investors Association (SEFREIA).

Our topic will be “5 Top Mistakes Investors Make When Submitting Offers on REO Properties”.

The mission statement of SEFREIA is to network with real estate entrepreneurs, attorneys, agents, mortgage brokers, private lenders and general contractors etc.  The mission of the organization has always been to provide an environment on how to become financially secure by investing in real estate.  SEFREIA members exchange knowledge and experiences in all areas of real estate investing such as getting started, wholesaling, rehabbing, short sales and foreclosures. Whether you are a seasoned investor or a novice, SEFREIA will provide motivation and education to all its members.

See below for details:

Topic: 5 Top Mistakes Investors Make When Submitting Offers on REO Properties

Speaker: David Cohen, GSIG LLC

Location: Denny’s, 1250 W Hillsboro Blvd., Deerfield, FL 33441

Time: 12:30pm

Organization: South East Florida Real Estate Investors Association

  5 Top Mistakes Investors Make When Submitting Offers on REO Properties

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

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
Image by Getty Images via @daylife

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

South Florida Leads Nation With 58,000+ Foreclosure Filings

2539334956 87cef7e457 m South Florida Leads Nation With 58,000+ Foreclosure Filings
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South Florida is still slammed with foreclosures!

Today, Realtytrac announced that South Florida’s foreclosure debacle led the nation in the third quarter, with 58,624 homes in some stage of default.

The number of filings in Palm Beach, Broward and Miami-Dade counties rose 25% from the second quarter and 9%  from the third quarter of last year.

South Florida counties had the seventh-highest foreclosure rate in the July-through-September period, with one in every 41 homes receiving a filing. Nationwide, one in every 139 homes is in the foreclosure process.

Lawyers and analysts expect mortgage defaults to increase once big lenders lift foreclosure freezes that began in the past month over concerns about paperwork errors.

The main causes of foreclosures are high unemployment, exotic loans made during the housing boom and falling property values that mean borrowers now owe more than their homes are worth.

Many homeowners who are “upside down” or “underwater” on their mortgages are choosing to abandon the properties because they have no hope of earning back their equity in the next few years.

Mike Larson, a housing analyst with Weiss Research in Jupiter, states: “For homeowners who are upside down, relief is not going to come soon enough.”

RealtyTrac measures the nation’s 206 largest metro areas. It records three types of filings: default notices, scheduled foreclosure auctions and bank repossessions. Nearly a quarter of the filings in South Florida from July through September were scheduled auctions in Palm Beach County. Lawyers say the county is serious about moving cases through the court system and setting dates for the homes to be repossessed by lenders. RealtyTrac claimes that Palm Beach, Broward and Miami-Dade counties also led the nation in foreclosure activity during the first half of 2010, with 94,466 homes getting a notice.

Analysts think the foreclosure crisis is likely to continue until job growth improves.

Jerry Tepps, a foreclosure defense attorney in Plantation thinks that in order to address the avalanche of defaults, lenders must do a better job of approving loan modifications and short sales. An even better solution: Reduce loan balances, something banks have been reluctant to do, Tepps said. He states: “If the banks want to get this sorted out and get people back on track, they need to be much more aggressive in negotiating with homeowners.”

But the reality is, the federal government doesn’t want lenders reducing mortgage balances or approving loan modifications in massive numbers, said Anthony Sanders, a professor of real estate finance at George Mason University. He concludes: “If the banks granted all the loan modifications and principal (mortgage) write-downs that we would like, the banks would cease to exist. Sad but true.”

 South Florida Leads Nation With 58,000+ Foreclosure Filings

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
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