Archive for the ‘Florida foreclosures’ Category

Prediction: “Impossible Number” of Foreclosures to Come?

Thursday, August 18th, 2011

If the apple does not fall far from the tree; how far does the real estate market fall from foreclosures?

More than 11.5 million people will eventually default on their mortgages, predicts a leading mortgage analyst.

Did you read that right? Yes.

It’s no surprise that the weakening real-estate market has a strong correlation to the amount of severe negative-equity properties forecast to foreclose. Just like the old saying goes: the apple does not fall far from the tree.

Amherst Securities Group LP, one of the most respected companies in mortgage research, fears the current conditions are leading to an “impossible number” of defaults. This means more homeowners will lose their homes and more properties will be foreclosed.

So what does this mean for you?

More foreclosed homes mean an even greater supply of distressed homes. This excess inventory will lead to greater drops in the values of houses, not to mention the effects on communities as a whole.

As a result of more distressed houses, homeowners will also find it even more difficult to sell their houses. Such conditions lead to a feedback loop of underwater homes because of greater drops in home values and therefore a greater number of foreclosures.

To make matters worse, government intervention could alleviate the pain, however, the government seems unable or unwilling to do what needs to be done.

In order to stabilize home prices, government-owned Fannie Mae and Freddie Mac could remove excess inventory from the sale market and list them on the rental market. A smaller sales inventory will stabilize the market and help home prices to begin to recover. A greater amount of homes in the rental market will also cause rental prices to drop, helping struggling renters who are unable to buy.
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Video Interview: Roy Oppenheim on Florida Real Estate Double Dip

Monday, August 1st, 2011

South Florida Law Blog’s Roy Oppenheim says we’re not out of the woods yet! A second wave of Florida foreclosures will hit in the third quarter of this year, Florida Double Dip? Foreclosures, Zombie Foreclosures, Fraud-closures from Oppenheim Law on Vimeo.

Oppenheim Law Predictions:

  1. Government programs such as unemployment benefits as well as the reduction in payroll tax benefits are coming to an end.
  2. Florida banks have supposedly gotten their “fraud-closure” crisis and issues of robo-signing under control and are going to submit many new foreclosures.
  3. If that wasn’t enough, foreclosures that were initially dismissed by the courts due to incomplete and inaccurate paperwork are now being “revived” and will also contribute to the tidal wave of foreclosures.
  4. Sustaining housing prices will be difficult with the ending of government programs, new foreclosures hitting, and “Zombie” foreclosures coming in because there simply isn’t enough economic support.

Unless there is a surge in Florida employment, Oppenheim predicts we are heading towards another drop in Florida real estate values until early 2012.

Special note: Just don’t shoot the messenger!

Foreclosures to Rentals. Obama Finally Listens to Oppenheim Law

Wednesday, July 27th, 2011

Taking a cue from Oppenheim Law, the Obama Administration is mulling over plans to reduce the number of foreclosed homes on the market by renting them out, according to the Wall Street Journal.

As the large inventory of distressed homes on the market continues to push a reduction in home prices as well as an increase in rental prices, the government is thinking about renting the homes owned by Fannie and Freddie.

The proposal has two benefits:

  1. Reducing the amount of distressed homes for sale
  2. Clearing the surplus of homes currently unoccupied.

These benefits would be the keys to a successful housing market recovery. Increasing the amount of rental properties available can also stabilize rent prices, which have been going up as foreclosed families wait before buying another home.

While the benefits of the proposal are obvious, it is still just a proposal. It’s too bad the Administration did not listen to Oppenheim Law back in 2009 when we advocated using the inventory of foreclosed homes to benefit communities, instead of just letting them sit unoccupied and cause suburban blight.

The Government could easily enact the proposal by ordering Fannie and Freddie to sell their foreclosed homes to investors who promise to rent them out. The investors could then hire management companies to look after the houses. If the Administration decides to follow through with the plan, the Government might actually make money on the deal and help the housing recovery at precisely the right time for it: before the next wave of foreclosures hit. That way, the market can be more resilient when the next hit comes and absorb more losses.

Foreclosure Notice by Facebook: Banks New Advantage Over Homeowners

Tuesday, July 26th, 2011

What does the digital future of foreclosures look like with social networks like Facebook? Oppenheim Law explores how living in a gated community or hanging out on Facebook may impact the foreclosure process.

In the never-ending battle by the banks to make things just a little easier for them, courts in Australia began to authorize banks to serve foreclosure proceedings via Facebook.

In order to begin Florida foreclosure defense proceedings, it is necessary for banks to prove that a homeowner has been successfully served, or notified, before proceeding in court. Service is usually carried out by process servers who try to physically track down the homeowner in order to give them the initial paperwork. Now, not only have banks in Australia gotten authorization to serve via Facebook, but banks in New Zealand, Canada and England have also obtained authorization from courts to serve foreclosure notices using Facebook, in addition to the traditional means.

Why is such a new method undesirable here in Florida? Because banks in the rest of the world didn’t have the document mill scandals that plagued Florida.

Currently, electronic service is only permitted when people have authorized it beforehand. However, it is easy to envision a future where lenders will require borrowers to allow themselves to be electronically served. If banks cannot even be relied upon to properly keep track of legal documents and not to commit fraud, then they should not be given yet another potent tool to put in their arsenal.

Florida Foreclosure Law Changes: Gated Communities and Condominiums

A potent tool that banks in Florida did get, however, is a change to the law regarding service of process to gated communities and condominiums. Before July 1st, gated communities and condominiums did not have to allow process servers in unannounced.
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