Posts Tagged ‘foreclosure filings’

South Florida falls to third in national foreclosure rankings

Monday, May 13th, 2013

Written By Paul Owers, Sun Sentinel 5:37 a.m. EDT, May 9, 2013 and republished in The South Florida Law Blog with excerpts from Roy Oppenheim.

South Florida third in national foreclosure rankings - Sun Sentinel - Roy Oppenheim

S. Fla falls to third in national foreclosure rankings. Lenders must prove they can foreclose before filing and some say bill restricts due-process rights.

South Florida has relinquished its ranking as the nation’s top spot for foreclosures.

After posting 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.

One in every 269 homes in the tri-county region was in some stage of foreclosure last month, RealtyTrac said. Akron, Ohio, ranked first, at one in 211 homes, and Ocala was second at one in 225 homes.

The Irvine, Calif.-based listing firm monitors public records for three types of foreclosure filings: new cases, scheduled auctions and bank repossessions.

South Florida had 9,127 total filings in April, up slightly from a year earlier, but new cases declined by 35 percent, said Daren Blomquist, a spokesman for RealtyTrac.

“It appears that lenders have caught up with these delayed foreclosures,” he said. “Banks are pushing through the backlog, so we’re getting closer to seeing a resolution with these distressed homes.”

Foreclosures mounted across the country during the housing bust. But some lenders held back on filings starting in late 2010 over concerns about possible paperwork errors.

While Florida last month had the nation’s second-highest foreclosure rate, after Nevada, filings are down sharply across the Sunshine State since the 2009 peak, Blomquist said.
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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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What I Tell Clients Who Receive a Foreclosure Notice

Monday, August 13th, 2012

A version of this blog was originally published on Yahoo! Homes and is being republished on South Florida Law Blog with their permission.

US ForeclosuresAs a real estate attorney, I’ve had plenty of prospective clients come to my office after being served with a foreclosure notice. It is safe to say they are usually not in a good mood; they are usually scared.

And the truth is I would be too. Foreclosure can be a scary process for even the most legally astute homeowner.

When a homeowner walks into my office for that first time, there is one question that comes up almost every time. It’s a basic yet very essential question to anyone under the threat of foreclosure…

What do I do next?

It may seem obvious, but there is one thing I would advise a homeowner to never, ever do — and that is nothing.

Sadly, that is the option I have seen too many homeowners take. Sometimes they see an unfamiliar lender’s name on the notice, and assume it’s a mistake. Or they believe that foreclosure is inevitable, and there is nothing they they can do to fight it.

The clock is ticking

Either way the reality is this: how long a homeowner waits to address a foreclosure notice has a direct correlation to the options that will be available to them.

In most states, you have 20 to 30 days to reply to a complaint; here in Florida it is 20 days.

In my experience, homeowners who don’t respond will probably end up with a clerk’s judgment and in default.
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Foreclosure Decreases and Mediations Story in Miami Herald, Roy Oppenheim Interviewed

Thursday, July 1st, 2010

The Miami Herald is reporting the flood of South Florida foreclosures is receding in the first five months of 2010 as foreclosure filings have fallen sharply and efforts to ease the courts’ backlogs are kicking in. But Oppenheim Law isn’t so sure the decreases are going to last and believes the next big wave of filings will come soon.

Foreclosure defense attorney and legal blogger Roy Oppenheim shared his thoughts on the Florida Supreme Court’s mandated mediation process with Miami Herald writer Harris Meyer in an article published on Sunday about Florida foreclosures.

“I enjoy mediations and find them very effective,” Oppenheim said. “But I won’t mediate unless the bank has done its homework.”

Oppenheim went on to explain mediation can be successful for homeowners and the banks only if the mediator is skilled, the lender has read the documentation and also knows the value of the property and the holding costs.

Oppenheim’s comments follow the news that foreclosure filings in Broward have fallen from 51,670 in 2009 to 17,565 in the first five months of 2010. However, as Oppenheim Law explained on the South Florida Law Blog in May, this decrease in Florida foreclosure filings can probably be attributed to the new rules promulgated by the Florida Supreme Court requiring every residential mortgage foreclosure complaint must be verified and prove that the plaintiff is the actual owner and holder of the promissory note.

Oppenheim Law wrote, “Until now, banks have been abusing a Florida statute allowing them to file a foreclosure based on a “lost note.” The problem: the notes aren’t lost; the banks are just too lazy to look for them. This new rule is halting foreclosure filings in their tracks, as banks scramble to find the notes so they can foreclose.”
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