Posts Tagged ‘foreclosure activity’

Roy Oppenheim From the Trenches: The re-emergence of the rocket docket

Wednesday, May 22nd, 2013

Top 2010 Foreclosure Headlines from South Florida Law BlogMuch has been written and said about the state of the nation’s foreclosure crisis. South Florida has served as ground zero for much of the mess in the past few years and only recently is starting to dig out from under the mountain of foreclosure filings.

New South Florida foreclosures are down. After reporting the No. 1 foreclosure rate for two consecutive months, the metro area covering Palm Beach, Broward and Miami-Dade counties fell to third in April, according to RealtyTrac Inc.

Nationwide, foreclosure activity fell to its lowest level in six years.

Meantime, several of the big banks have actually halted foreclosure sales to ensure they are complying with federal guidelines.

In his most recent “From the Trenches” video, Oppenheim about the newly passed foreclosure legislation – HB 87 – which is awaiting Florida Gov. Rick Scott’s signature. Roy wrote a letter to Scott asking him not to sign the bill, pointing out that if passed it could push homeowners out of their residences without the due process to which they are entitled.

There also has been a re-emergence of the so-called “rocket docket” with the Florida Supreme Court giving its blessing to a plan that allows for lawyers to serve as general magistrates to help push the hundreds of thousands pending foreclosures through the court system.

What are the implications of this decision? Watch the video to find out.

Real estate and foreclosure defense attorney, Roy Oppenheim left Wall Street for Main Street, founding Oppenheim Law along with his wife Ellen in 1989 in Fort Lauderdale, Florida. He also is vice president of Weston Title and creator of the South Florida Law Blog, named the best business and technology blog by the South Florida Sun-Sentinel. Follow Roy on Twitter at @OpLaw or like Oppenheim Law on Facebook

Foreclosure activity reaches 6-year low

Friday, May 10th, 2013

Written By Julie Schmit, USA TODAY 12:01 a.m. EDT May 9, 2013 and republished in The South Florida Law Blog with excerpts from Roy Oppenheim.

Foreclosure activity reached 6-year low - near the beginning of the nation's foreclosure crisis when the housing bubble burst.

Foreclosure activity reached 6-year low – near the beginning of the nation’s foreclosure crisis when the housing bubble burst.

Foreclosure activity in April fell to its lowest level in 74 months, but action is ramping up in some states, says a national foreclosure tracker.

In April, one of every 905 U.S. housing units received a foreclosure filing, market watcher RealtyTrac says. That was the lowest level since February 2007 — near the beginning of the nation’s foreclosure crisis — and down 23% from a year ago.

But foreclosure activity is increasing in some states where legal procedures and new laws to protect homeowners had slowed down foreclosures.

For example, in 26 states where foreclosures mostly go through the courts, scheduled foreclosure auctions in April were up 31% from a year ago to a 30-month high, RealtyTrac says. The auction is where the bank most often reclaims a foreclosed home.

The increase in scheduled auctions indicates that mortgage servicers are “serious about actually foreclosing,” says RealtyTrac Vice President Daren Blomquist.

Two states where courts approve foreclosures are Florida and New Jersey. In Florida, one of the states hardest hit by foreclosures, scheduled foreclosure auctions were up 55% in April vs. a year ago. In New Jersey, they increased 91%.

In both states, foreclosures slowed dramatically several years ago after allegations surfaced that many cases were moving through the courts without proper documentation.
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Where Have All The Foreclosures Gone? (Long Time Passing)

Friday, February 15th, 2013

An edited version of this post by Roy Oppenheim was first published in US News and World Report’s Home Front Blog and is being redistributed on South Florida Law Blog with their permission.

Pete_SeegerNot long after the national mortgage settlement was announced, I warned clients that the training wheels would come off and foreclosures would ramp up again.

Now foreclosure information firm RealtyTrac has confirmed that fact in its latest report, which shows that in 2012, foreclosure filings rose in more than half of the metropolitan areas they track.

Florida, where a massive foreclosure backlog is still clogging up the courts, is leading the pack. Tampa and Miami saw the biggest increases in foreclosure activity last year, and eight of the top 20 foreclosure rates in the nation belonged to Florida towns.

But despite hard data showing that foreclosure activity is picking up again, experts have blamed a tight supply of homes for sale—including foreclosures—for sharp year-over-year increases in home prices and disappointing monthly home sales numbers.

So to paraphrase the 1960s folk singer Pete Seeger, “Where have all the foreclosures gone?”

While it has decreased, the shadow inventory–the backlog of bank-owned homes that remain off the market–is still lurking just out of our reach.

Banks never had much to lose by allowing these distressed homes to languish, and that remains true. In fact, they have a lot to lose if they put them on the market too fast. If these foreclosures were allowed to pour down instead of trickle out as they are now, banks would have to write off their losses en masse, and that simply would not benefit their balance sheets. Their capital reserves would plummet and we all know what happened the last time banks’ capital reserve took a dive.
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The State of Foreclosure: Same As It Ever Was, Same As It Ever Was

Thursday, November 15th, 2012
Same As It Ever Was -- Same As It Ever Was

Foreclosures in Florida – Same As It Ever Was (Courtesy: Talking Heads)

Maybe it is because foreclosures were merely a blip on the radar during the presidential election.

Maybe it is the fact that the home prices are looking healthier than they have in years.

Regardless, some people have been lulled into a false sense of security about the state of foreclosures here in South Florida. To my amazement, I will get the occasional phone call, asking if we are still doing foreclosure defense.

The short answer is, of course! While there are less homes starting the foreclosure process, there remains a backlog of foreclosure cases in Florida and in other judicial foreclosure states. Banks are still trying to illegally throw people out of their homes, and so I am still defending many of those homeowners.

Florida remains on the top of the list for states with foreclosure activity, with a filing rate more than double the national average. In Dade County, there are still 60,000 foreclosure cases on the books. In Broward there are 43,000. 1,800 new foreclosures were filed just in Broward County alone last month, which is a substantial increase.

This is partly due to the return of the zombie foreclosures. Those are the David Stern files that were dismissed by the court. Now those cases have now been transferred and they are coming out of storage.

New attorneys are taking these cases, and those homeowners will have to dig in their heels and start their fight all over again.
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