Posts Tagged ‘judicial foreclosure’

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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Divided States of America: Judicial vs Non-Judicial Foreclosure

Monday, July 16th, 2012

Roy Oppenheim’s commentary was originally published on Yahoo! Homes and is being redistributed on South Florida Law Blog with their permission.

United States of AmericaAccording to some analysts, whether or not your state is on its way to a housing recovery depends on whether you live in a state that requires judicial foreclosure or one that does not.

What is the difference? In states that require judicial foreclosure, a lender must go through the court system in order to foreclose on a home. A judge must issue a legal judgment against a homeowner in order for that person to be forced out of their home.

That is how it is in Florida, where I practice law, along with 20 other states. But in the rest of the country, in states like California or Georgia, courts are not required to intervene.

With non-judicial foreclosures, banks hold all the cards. If you are deemed by your lender to be in default, the banks can play the role of judge, jury, and executioner.

Your home can be put up for auction, and the court has no or little say in the matter.

It’s like what happens when your car is repossessed by the repo man.

This is why I like to call our country the Divided States of America. There are some states where the rule of law still matters, but there are many that have allowed banks to essentially make up the rules as they go along.

As a lawyer and someone whose job it is to help uphold the law, I think you can guess which side I am on.
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