Archive for the ‘Florida foreclosures’ Category

Friday Round-Up; Foreclosures Up Again, DeMarco Dances With Reductions; Bank Of America Sues Itself

Friday, April 13th, 2012
cowboy lassoForeclosures, repos up from last year in South Florida

I said after the foreclosure settlement was announced that banks had been given the green light to rev up their foreclosures engines, and in South Florida at least, I’m being proven right.

RealtyTrac’s numbers from last month show dramatic year-over-year increases in both new foreclosure filings (85%) and repossessions (39%) in Palm Beach, Broward, and Miami-Dade counties, compared to March 2011.

In Florida overall, new foreclosure cases were up 58 percent. Nationally however, new filings dropped 12 percent from last year, however they rose 7 percent from February.

Since the sunshine state has one of the largest foreclosure backlogs in the country, it really shouldn’t surprise you that the numbers skew so heavily against Florida.

The settlement has emboldened banks to become more aggressive in seeking to foreclosure, and the numbers certainly back that up.

Edward DeMarco Not Ready For Principal Reduction

More back and forth this week from Edward DeMarco, who despite announcing that principal reduction could save Fannie Mae and Freddie Mac 1.7 billion dollars, seems unwilling to venture far from his previous stance on loan modifications.

He said in a speech this week that a new analysis does show writing down the value of some underwater mortgages does have the potential to lower foreclosure rate and save both GSEs substantial money, but he’s still downplaying the significance of principal reduction.

While he has eased up on his previous refusals to even entertain the idea of modifications, he still seems fixated on the risk of strategic default, which he feels could wipeout any potential savings.
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Foreclosure Settlement Filed; But Banks’ Crimes Go Largely Ignored

Tuesday, March 13th, 2012

In the weeks after the mortgage settlement was announced by the Federal Government, I waited under baited breath to the see it in its entirety.

Almost every week I read a different report stating the documents to finalize the settlement were about to be filed in court.

And as each reported deadline came and went, I grew more and more skeptical.

Would the banks manage to sneak some last minute releases in? Would the lofty figures promised to beleaguered borrowers be diminished?

The good news, now that documents have been completed and released to the public, is that the answer to both questions is a sound no.

The banks are not getting any get-out-of-jail-free cards, claims against MERS and the securitization process are still very much on the table.

On the other hand, did I learn anything new about the massive frauds perpetrated by the banks? Not really.

There are pages listing what the government has now labeled as “Unfair, Deceptive, and Unlawful Loan Practices”.

The settlement does say that the banks violated federal laws, that they wrongfully denied modification applications, and overcharged for ‘forced place insurance, among other misdeeds.

It even finally acknowledges that the banks engaged in robosigning.

But these are things that my clients and I have long known.

If you’ve read the Wall Street Journal, or the New York Times, or any thorough news story on the housing crisis, there’s little in the mortgage settlement’s pages that will surprise you.

And that’s thoroughly disappointing. What the government has presented to the public is a complete white-washing of the robosigining and “fraudclosure” scandal. It acknowledges that the banks committed certain indiscretions yes, but I couldn’t find one concrete example, not one thorough examination of how it occurred.
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Politicians and Banks At It Again! Bring It On!

Tuesday, February 28th, 2012

In my last blog I railed against the Florida Fair Foreclosure Act, which is making its way rapidly through the Florida Senate as the session winds down.

I said it’s being pushed by banking industry shills and should die a quick death.

So of course it was passed by the Senate Banking and Insurance Committee by a 6-4 vote and will now be headed to a full vote before the House and Senate.

Thanks guys! With friends like that…..

But after a moment of reflection and enlightenment, I have this to say to my friends in Tallahassee.

Bring it On!

That’s right! Pass the Bill.

My phones have not stopped ringing these days, as more and more clients are getting ready to lawyer up.

That’s right this bill will only increase the value I bring to my clients each and every day for without an attorney the Legislature will make sure that the “Florida Fair Foreclosure Act” is fair… for the banks … but not for you.

They will make sure that without counsel that you will be stripped of your right to defend your home. Without counsel the new law will ensure that you will go through a legal system that will resemble a steam roller.

It makes me laugh that the Legislature is entrusting the banks to not commit fraud once again. Because the honor system worked so well the last time.

But its sad that the Legislature is interfering with the independence of the judiciary by telling the courts what to do and how to do it.

Please, please try your best to pass the Florida Fair Foreclosure Act, because all you’ll be doing is making sure I’ll have a new stream of clients to defend, and more importantly be able to help the economy by hiring more people.
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Florida Fair Foreclosure Act? Fair to Whom?

Friday, February 24th, 2012
Gavel on House

Photo by The-Lane-Team

Banks need to get their massive foreclosure backlog off the books. There are over 368,000 cases in Florida. I get that.

Getting these properties into the hands of families who can afford them, that is what I want to see. It’s needed to jump start the economy, and no one wants to see the banks out of the neighborhoods more than me.

But it can’t be allowed to happen on the backs of other homeowners plain and simple. Lenders have tried to thrust these homes back onto the market before, and that’s why they just shelled out $25 billion.

The banks were penalized for being unethical, untrustworthy and fraudsters, and it doesn’t look like they have learned their lesson.

Yet a series of proposed bills now making their way through the Florida House and Senate offer banks unjust control over the foreclosure process, all in the name of getting abandoned homes back on the market.

The Senate version, which would create the “Florida Fair Foreclosure Act”, was passed by a judiciary committee earlier this week by a 5-2 vote. There is a similar bill making their way through the House.

But are they really ‘fair’ to homeowners? Absolutely not.

These bills are being pushed by banking industry shills. They make it easier for lenders to foreclose, and allows them to do so faster.

Have the politicians in Tallahassee learned nothing from the settlement? The $25 billion isn’t even in the mail, yet some are back to their old tricks, turning a blind eye to the plights of their constituents and denying them due process.
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