Archive for the ‘Florida Law News’ Category

Housing inventory creeps out of the “shadows” as banks continue to control market and prices

Monday, April 22nd, 2013

If the headlines are to be believed then the nation is starting to ease its way out of the housing crisis. Demand for homes is on the rise and there have even been reports of bidding wars breaking out. I know someone who put their home on the market on a Friday afternoon, had nine offers, and was signing a contract by Monday morning for full asking price – cash.

That demand has been caused, in part, by so-called shadow inventory — homes that are owned by banks or facing foreclosure, but not yet on the market. In January, shadow inventory totaled about 2.2 million nationwide, according to real estate data firm CoreLogic Inc. Nearly half of that inventory was in Florida, New York, California, Illinois and New Jersey.

http://www.corelogic.com/about-us/news/corelogic-reports-shadow-inventory-continues-decline-in-october-2012.aspx

But that’s actually down 28 percent from its peak of 3 million units in 2010, which means that these homes are starting to creep out of the shadows. Good news for banks, but bad news for those who have been working to stave off foreclosure as they are being pushed out of their homes.

RealtyTrac recently reported that Florida continues to lead the nation in the number of foreclosures (85,671 in the first quarter).

http://www.realtytrac.com/Content/foreclosure-market-report/march-and-first-quarter-2013-foreclosure-market-report-7683

Despite earlier fears that banks would open the gates and thousands of foreclosures would flood the market and stall any real housing recovery, in reality banks have maintained self-control, holding off on putting foreclosures on the market, and with good reason. No silly, it’s not out of the goodness of their hearts. For banks it’s all about supply and demand. As usual, it’s the banks that that continue to have the upper hand.

Their challenge brings to mind that scene from “I Love Lucy” when Lucy and Ethel are working in a candy factory and the conveyor belt goes faster and faster and the candy keeps coming out and they can’t keep up so they start shoving candy down their shirts and under their hats? If banks push out foreclosures like candy on a too-fast conveyor belt, the market won’t be able to keep up and that’s a recipe for disaster.

So what’s a banker to do?

It’s one of those rob Peter to pay Paul kind of things. For banks to make money they need to make loans, and to do that they need to get inventory out there. Housing inventory right now is tight all over the country. At the current sales pace it would take just a little more than four months to sell it all off.

That’s great news for those looking to sell a home – be it a homeowner, or a bank. On the flip side, with so few homes available and prices being driven up we might be on the way to another bubble and let’s not forget that eventually that bubble will burst. Are we ready for that to happen again?

Lucky few Floridians get $125,000 from foreclosure settlement, most to get $300

Wednesday, April 17th, 2013

This article was originally written By Kimberly Miller for The Palm Beach Post and republished in South Florida Law Blog.

Foreclosure settlement for homeowners from banks.

“Lucky few Floridians get $$$ from foreclosure settlement”

The first wave of checks to 4.2 million borrowers, including hundreds of thousands in Florida, will go into the mail Friday, according to the Office of the Comptroller of the Currency and Board of Governors of the Federal Reserve System.

Tuesday’s announcement was the first time bank regulators released information on how the money, which is part of an agreement replacing the failed Independent Foreclosure Review, will be doled out. Everyone who was in foreclosure during 2009 or 2010 with loans serviced by 13 lenders named in the settlement is eligible for payments ranging from $300 to $125,000.

About 2.3 million borrowers will receive the minimum $300, but checks vary depending on borrower experience. For example, borrowers who had a home repossessed after successfully completing a trial loan modification could get $50,000.

The 1,135 borrowers receiving the maximum amount were mostly homeowners who went through foreclosure even though they were protected by the 2003 Service members Civil Relief Act. About 50 borrowers will get $125,000 each for losing their homes when their loan was not in default.

Critics of the program say the amounts were awarded haphazardly. In many cases, homeowners who applied through the original Independent Foreclosure Review received double the amount of money as people in the same situation who didn’t apply.

Also, up to $500 is being awarded to homeowners in a category called “modification request approved.“This is a completely nonsensical process,” said South Florida foreclosure defense attorney Roy Oppenheim. “It’s like winning the lottery.”

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Banks open Pandora’s box by taking on federal judge

Friday, April 12th, 2013
Pandora's box

Pandora’s box

Seventeen of the nation’s “too big to fail” banks also apparently think they are “too big to lose in court.” They have joined forces to go up against a federal judge whose rulings they simply don’t like.

In doing so, the banks may have opened a Pandora’s box that ultimately could benefit the same group of people they have been going after – homeowners facing default on their mortgage.

First the back story:

A bunch of corporate attorneys representing JP Morgan Chase, Bank of America, Wells Fargo, Goldman Sachs, Morgan Stanley and Barclays, to name a few, recently took on U.S. District Court Judge Denise Cote by filing what is known in legal jargon as a “writ of mandamus” the purpose of which is to toss out a number of rulings she has made regarding the discovery process. Someone who believes they are denied a legal right generally files such a writ.

That’s a bold step to take against a member of the judiciary who holds your case in her hands. And, even bolder because of whom filed it. But if it works for them, what’s not to say it will not work for attorneys seeking to preserve the due process of homeowners who have been whisked through the courts like cattle off to slaughter?

Known as a no-nonsense judge who emphasizes efficiency in large, complex cases, Cote is handling one of the highest-stakes cases against the banks to date. The lawsuit, which was brought against the banks by the Federal Housing Finance Agency, alleges that the banks duped it into buying $200 billion in mortgage-backed securities without revealing the sloppy underwriting job. The agency, which oversees Fannie Mae and Freddie Mac, wants the banks to repurchase the bad loans.
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Letters

Tuesday, April 9th, 2013

The following Letter originally ran in The Florida Bar News and has been republished in the South Florida Law Blog with permission.

govlaw_fla_bar_logo

Foreclosure Legislation

We write as members of The Florida Bar and in some cases as members of the Real Property, Probate and Trust Law Section to express our deep concern with the section’s support of Senate Bill 1666 and House Bill 87, which propose to materially change the rules governing foreclosures in Florida.

The proposed amendments are in complete derogation to fundamental tenets of due process and property rights. The passing of this legislation would completely disregard the evidence code, allowing courts to presume liability with only a prima facie showing by the plaintiff, and without opportunity of homeowners to conduct discovery into possible abuses by the banking industry that often result in out-of-court settlements between lenders and homeowners, or a rash of voluntary dismissals by the banks.

This proposed legislation would effectively undo 250 years of American jurisprudence, returning us to a legal dark age. Furthermore, certain proposed amendments would apply retroactively, creating ex post facto provisions which violate both our state and federal constitutions.

The proposed legislation favors banks, retired judges, homeowners’ associations and title insurance companies, and disfavors homeowners and newspapers. While banks support the bills because they provide them with an expedited procedure of foreclosure, many of these procedures will effectively reduce the financial incentive for lenders to participate in short sales and negotiated settlements that are helping restabilize the Florida real estate economy.

SB 1666 proposes to dramatically increase the use of retired senior judges, an issue that has profound constitutional implications. Article V of Florida’s Constitution requires that judges who reach the age of 70 retire and cease to maintain full case loads. The Florida Constitution also requires judges who preside over cases reside in the communities in which they serve and face the will of the voting public through retention votes. The proposed legislation completely ignores these fundamental protections. Foreclosure judgments entered by these senior judges will perpetually be attacked as unconstitutional, which will create unsettled cases for potentially decades, making matters ultimately worse. Overburdening of the district courts of appeal that are already struggling to keep up is not sound policy.These bills are more interested in protecting the banking and the title insurance industries than protecting the larger interests of the Constitution, the judicial system as a whole, and the rights of homeowners. The “Finality of Foreclosure” provisions in these bills prevent homeowners from ever getting their home back even after a fraudulent foreclosure is overturned; rather, the homeowner would be entitled to economic damages only. No matter how blatant the fraud, no matter how obvious the forgery, no matter what errors are committed, once a judgment is entered, the wronged homeowner could never get that property back again.
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