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All Posts Tagged Tag: ‘Foreclosure Settlement’

Foreclosures drop below 300,000 but properties remain in distress

So, for the first time since 2008, there are fewer than 300,000 foreclosures in Florida’s courts. The Palm Beach Post reported earlier this week that the number of cases statewide dipped to 299,055 in August, a dip attributed to the fast track foreclosure law that went into effect July1. But don’t let the name fool you. Nothing is moving fast under the new law. Banks, who were supposed to be able to use the new law to speed up foreclosures, have stalled filing new cases because of the new law’s provisions requiring that they attach an affidavit saying they possess the mortgage note when they file. They can’t comply. Some homeowners have been aided as judges push cases forward...

The double-edged sword of a foreclosure dismissal

Homeowners are facing a double-edged sword in the fallout from the fast-track foreclosure law passed during the 2012 legislative session. The fallout no doubt was not the vision Legislators had when they passed the law that was expected to hurry cases through the court system and help clear foreclosures from the landscape. Foreclosures have slowed to a trickle in South Florida because of the tougher standards for lenders to file cases. The law now requires that each lender attach an affidavit that says the lender holds the note in the case. Since the law took effect, foreclosure filings have dropped like a rock compared to the same period last year – filings were down 61 percent in Palm...

A win – but potentially a big loss for homeowners

A recent decision out of the 2nd District Court of Appeals shows that courts in Florida still are more concerned with expediency than the rule of law. The foreclosure case of Deborah Focht v. Wells Fargo resulted in the appeals court reversing Focht’s foreclosure in late September. As in countless foreclosures throughout the nation, this case was overturned on the issue of whether the bank had the right to foreclose – whether it had standing. And as in countless other foreclosures, the bank did not produce the promissory note that establishes standing until months after it had filed foreclosure. While the trial court ignored the defense, the appeals court reversed the case....

Foreclosure filings slow down as fast-track law takes effect

Blame the requirement that lenders actually have proof of ownership! A report in Thursday’s Palm Beach Post says Florida’s new controversial fast-track foreclosure law actually is putting the brakes on foreclosure filings. This, according to The Post, is because the law that went into effect July 1 requires that lenders have paperwork in order – including proof of ownership. That doesn’t mean anything is slowing down in South Florida’s foreclosure courts. Chief Judges are doing what the fast-track law apparently isn’t. They’re setting for trial numerous old cases that neither lenders nor borrowers have pushed. Expediency has been the goal. Common sense would indicate that...

Help fight fast-track foreclosure bill

The fast-track foreclosure bill needs only the signature of Gov. Rick Scott to become law, having been adopted by the Legislature on the very last day of the 2013 session. If you’ve struggled to make a mortgage, been threatened with foreclosure, or are currently fighting a foreclosure on your home, you’re probably worried about what the bill means for you. So are we. The bill is supposed to be aimed at abandoned properties, and there is language in which homesteaded properties would not be governed by the new legislation. But we know many families will be affected. In many cases, a family member may have helped an individual purchase a home. Perhaps the home has no homestead because...

The check is in the mail

That’s the word out of Washington this week to victims of some of the worst foreclosure fraud in the country.  A handful of people will get $125,000, according to the Office of the Comptroller of the Currency and Board of Governors of the Federal Reserve System. But most who receive checks won’t get anywhere near enough to fairly compensate them for the plethora of fraudulent foreclosures and predatory lending practices at the hands the nation’s largest lenders. Remember, this settlement involved only those in foreclosure in 2009 and 2010 with loans serviced by 13 lenders who signed a settlement with the federal government. Regardless of whether you receive a check, you’re still...

The Settlement: What Happens after the Abuse is Over?

It has been six months since 49 states in the United States participated in a law suit against the five largest lenders in the nation for foreclosure abuse. Florida received $25 billion as part of that settlement, but according to Local10.com, Florida has yet to do anything with those funds. Homeowner advocates do not seem alarmed that the money has been sitting unused. In fact, some homeowner advocates have faith that Attorney General Bondi will ensure that the $300 million used for victims will go to good work in the future. Florida residents hope that Florida does not do what most states did with their earnings – use it to close holes on their end rather than fix foreclosures in the...

Florida Housing Market Appears Stable for 2012

There is some good news for the Florida housing market: things are looking stable. With the number of sales (including short sales) up and the number of homes in inventory going down, experts feel this might be a sign that the Florida housing market is starting to stabilize. In a recent Loan Safe report, real estate experts feel that even though May sparked an increase in foreclosures for the Florida area, overall the housing market appears a lot more stable than it did this time in 2011. Real estate agents from across the Florida region are reporting increases in sales and loan services are noticing an increase in mortgage applications from first-time and second-time homebuyers....

New Laws Surrounding Military Members and Their Mortgages

As part of military service, individuals and family members have to frequently relocate. Though this is typically not an issue, in today’s housing market more military families are struggling with selling their properties and relocating – even if it is for the service. In a recent Business Week post it was announced that United States regulators are implementing a new policy that requires mortgage lenders to work with military members in terms of short sales and loan modifications if they are being forced to relocate due to active duty. This was sparked by the recent events where military members were suffering from foreclosures or denied loan modifications just because they had to...

Florida Housing Market Still Has Cheap Finds

Even though the housing market looks to be improving, there are still great deals floating around the Florida area – especially when it comes to short sales and foreclosed homes. Thousands of homes in the Florida area are still going for under $80,000 each, but buyers need to beware. According to a recent Miami Herald post, homes available in Florida for cheap are cheap for a reason: they need significant repairs. According to the Florida realtors, most of these homes are missing portions of the roof, have severe water damage or have been neglected for almost a year, leaving them in less than ideal condition. That being said, the way the housing market is going, these fixer-uppers will...
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