Posts Tagged ‘miami dade’

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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South Florida’s Rocket Docket Rises Again

Friday, January 4th, 2013

Rocket The last thing I want to do is scold a judge. But once again foreclosure judges down in Miami-Dade are resorting to old habits, and there is no way I can stand by idly and let the rule of law be trampled on.

Because the rocket docket has risen from the grave and returned to South Florida. Don’t believe me?

The judge seeing the cases said it for me! He was quoted in the Miami Herald, calling his court a “rocket docket” and admitting he holds about 50 trials a day.

Courts across Florida have received hundreds of thousands of dollars to add judges and staff to their undermanned courtrooms. That’s good. But the response in Miami-Dade goes right back to pushing homeowners and lenders back onto an industrial pipeline.

It’s pure lunacy. Once again homeowners’ fundamental constitutional rights are being tossed aside by the Court in favor of expediency. So in other words, we are right back where we started.

Is there still a massive backlog clogging the foreclosure courts in Florida? Yes. Will clearing those cases off the docket help our economy move onward and upward?

Absolutely. But fixing the economy has never been, and was never meant to be, the role of the court.
I can’t disagree more with Miami-Dade Judge Jennifer Bailey, who said in the Herald “We’ve been charged by the Supreme Court with this funding to move these cases.’’

Your job, with all due respect, has always been to make sure that the legal process is upheld. Pure and simple.

It is wrong for the court to allow a lender or a servicer to present a case if they don’t have standing, if they aren’t the true owner of the note. It was true during the first round of rocket dockets, and absolutely nothing has changed.
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