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Process of Foreclosure Questioned by Homeowners

Tuesday, April 26th, 2011

The process of foreclosure called dual tracking is heavily criticized by homeowners, housing advocates and even by a number of regulators in the U.S. According to them, this process makes a lot of homeowners believe that they are safe from foreclosure while their lenders continue to pursue actions against their properties.

The issue has a lot of bearing on Connecticut homeowners. The number of Ridgefield foreclosures and distressed properties in various areas of the state has risen considerably in the past four years or so and has left a lot of people without a home. The practice of dual tracking, or the tactic used by banks to continue to pursue foreclosure while the homeowner in default is still seeking loan modification, has also been criticized by local advocates and homeowners.

According to them, a big number of borrowers who sought modification often think that while their applications are being considered, the foreclosure action against them has been put on hold. However, most find out too late that the action has been ongoing and a lot of them have asserted that they are taken by surprise when their properties end up in the hands of investors who buy bank foreclosures in Connecticut. Some homeowners claimed that upon receiving news that their applications were either rejected or accepted, they expect some time before the foreclosure is restarted.

As it turns out, the process of foreclosure has been ongoing while they are pursuing modification, which means that once the final decision on their application is handed out, their home can be immediately seized or taken over. In response, lenders have argued that they practice dual tracking simply because they need to protect their investments.

They further argued that mortgage service firms can lose a lot of money if they do not foreclose at the right time. They also claimed that repossessions take a lot of time and stopping and restarting will just make things more complicated. However, a number of federal regulators do not agree and they are now aiming to stop the process of dual tracking which could put the properties of troubled homeowners in the hands of people who buy foreclosures while the homeowners are still seeking modification.

In a settlement with lenders, regulators have added the provision that the process of foreclosure should be put on hold while a borrower is pursuing loan modification. Housing advocates however, have asserted that the provision is not enough and that dual tracking should be completely eradicated.

Foreclosure Assistance Offered to Homeowners in the Form of a Law

Monday, April 25th, 2011

Homeowners in Arkansas will soon be getting a different kind of foreclosure assistance as a new law focuses on helping troubled borrowers keep their residential properties. The said regulation encourages mortgage modification negotiations and also provides homeowners with the necessary documents that they will need to fight foreclosure actions.

With foreclosure listings in Warren and bank foreclosures in other key metro areas of the state rising in the past couple of years, lawmakers found it necessary to formulate a new measure that will help homeowners keep their homes. Under the law, mortgage service firms are required to provide certain documents such as mortgage assignments, note location and copies of the payment history of the borrower facing a non-judicial foreclosure.

Aside from helping borrowers avoid foreclosures, market observers stated that requiring these documents will also help ensure that people who buy foreclosures in Arkansas and bank foreclosed properties are getting clean and legal paperwork. Mortgage service companies will also be required to provide information on assistance programs that are available to homeowners facing foreclosures. Housing advocates revealed that prior to the implementation of the law; such information is usually not given to homeowners in the state. They stated that the new measure will help troubled borrowers decide on what to do next when they enter foreclosure.

According to the proponents of the regulation, the law is not an actual financial foreclosure assistance or a foreclosure relief program. However, they claimed that it will be a great help to homeowners facing foreclosure since mortgage servicers will be required to provide the contact information of groups or agencies offering mortgage modification assistance services in Arkansas.

Lawmakers who supported the law also asserted that confusion and frustration are very common among homeowners facing foreclosures and even among people who plan to buy real estate foreclosures. The latest initiative, they explained, will assist borrowers in finding out the location of the loan and provide them with steps on what to do once they get behind in their payments. All in all, proponents are hoping that the new law will make it easier for homeowners to save their properties from foreclosures.

Residents and lawmakers alike have welcomed the measure, with most of them asserting that it is as good as an actual foreclosure assistance. Supporters of the law also stated that the regulation will help more homeowners avoid foreclosure and thereby help the overall housing market of the state.

Bill Providing Foreclosure Assistance Programs Passed in Utah

Monday, April 4th, 2011

Several legislative bills related to foreclosure assistance programs have been filed in Utah in the past few months. Among these measures, one was recently signed into law. According to housing market observers, the legislation offers provisions that will help the state deal with foreclosures that are expected to happen in the coming months.

Housing data had shown that people who buy foreclosures in Salt Lake City and distressed properties in other areas of the state had a lot to choose from as filings in February 2011 continue to show elevated numbers. During that month, one household out of every 283 housing units in Utah has received a foreclosure-related filing, ranking the state fourth nationwide in terms of regions with the highest number of filings for the month.

In total, investors who buy foreclosures in Utah had 3,488 properties to choose from during February of this year, with the number expected to rise further in the latter part of 2011. In an effort to control further increases in foreclosures, the state Legislature has passed SB261. The measure provides homeowners who have been victims of illegal foreclosures the chance to seek damages. The bill also requires lenders to provide homeowners with written notification whenever a foreclosure sale is in the offing, regardless of any loan reduction agreement.

Lenders who fail to comply with the provision will be liable for damages, local reports have revealed. According to some housing market observers, the bill serves the same purpose as other foreclosure assistance programs seen in other states; that of providing more protection to homeowners. Under the recently signed law, homeowners who lost properties due to illegal foreclosures can seek damages and lawyer fees worth as much as $2,000.

They are also allowed to seek the same amount of damages if their lenders failed to notify them that their properties are up as foreclosures for sale. Some local officials have asserted that the new legislation will help prevent non-local foreclosing firms from seizing properties without first giving notice of their intentions. However, some housing advocates have argued that the law should have also provided that failure to comply with the provisions automatically invalidates the foreclosure action.

The new law has been welcomed by some real estate professionals and residents in the state, but a number of housing market advocates, lawyers and mediators are reportedly still in the process of lobbying for more foreclosure assistance programs and additional laws to protect homeowners.

New Home Market Thrive Amid Short Sales of Foreclosed Properties

Monday, March 28th, 2011

New Mexico does not have as much short sales of foreclosed properties transactions as other U.S. regions. This is probably part of the reason why home building is recovering faster in most areas of the state, with March 2011 activities showing a surge in several areas.

A lot of investors and house seekers buy foreclosures in Albuquerque and distressed properties in other parts of the state. However, figures for March of this year show that buyers of new houses are also starting to return to the market, particularly in areas like Las Cruces. In the metro region, 90 construction permits have been issued as of March 23. Builders reported that the number of permits filed during the first week of March alone already surpassed the total number of permits filed for the whole month of February.

Although a lot of people still buy foreclosures in New Mexico, the new home market is able to hold its own, based on the amount of activity recorded in March. As of the 23rd, local housing data showed that the total value of house construction in Las Cruces has already reached a total of $1.85 million, with fees for filing permits reaching over $20,500. So far, permits for March remain lower by eight permits from the January total, although there is still another week left.

However, the partial tally is already more than twice the 40 permits filed in February, giving housing market analysts hope that the new home market will be able to compete with low-priced short sales of foreclosed properties in the coming months. In February, construction values totaled $228,192, with fees for permit filings reaching $4,797.

Local analysts reported that buying foreclosures will continue to be a favored activity among house hunters, but they are optimistic that sales of new houses will prove stronger in the coming months, particularly when the spring home buying period comes. Also, home building activities are not the only ones posting higher numbers in the metro area, analysts reported that home renovation and requests for house fixes have also risen during the month.

They also stated that May and June will see more home renovation activities as seasonal house owners return to their homes and get plumbing and other systems fixed. Realtors in the area are hoping that, despite the presence of cheaper transactions like short sales of foreclosed properties, the new housing market will still be able to post healthy numbers for the rest of 2011.

Lis Pendens Foreclosure Bills Target Mortgage Servicers

Friday, March 18th, 2011

The problem of lis pendens foreclosures has resulted in legislators shifting their attention to mortgage loan servicers. In Texas, a number of legislative bills have been filed proposing changes to the industry's practices. Mortgage servicing has long been a field where regulation is limited in both the federal and the state level.

A number of owners of Dallas foreclosures and repossessed properties in various areas of the state have complained that they have gotten no help from servicers as their phone calls are passed around different people, with their modification applications ending up rejected more often than not. Several lawsuits have been filed in the state against mortgage servicers for alleged delays and use of inconsistent and misleading information. The lawsuits, market observers stated, led to legislators giving more attention to mortgage service practices.

With complaints from owners of foreclosure homes in Texas continuing to emerge, lawmakers have recently filed several legislative measures aimed at setting up specific rules that servicers will be required to follow. According to housing market observers, the mortgage servicing industry has long been a business with no established procedures and very few rules. Servicers are generally middlemen, analysts have explained. They are being paid by mortgage holders to bill customers, collect payments and to go after homeowners who are delinquent in their loan payments.

Mortgage loan servicers have been largely blamed for the massive number of lis pendens foreclosures all over the U.S., with the industry getting thrown into the spotlight when allegations of robo-signing practices, or using employees to sign foreclosure documents without prior knowledge of the cases, emerged in the latter part of 2010. The issue led to a nationwide probe and several states have taken specific steps to address the problem of lack of regulation in the servicing industry.

Some homeowners have accused servicers of selling their homes to those who buy foreclosed home properties while they are still in the process of negotiating for a loan modification. The issue has been picked up by state attorneys general all around the country and a settlement, which could cost servicers around $20 billion, is currently under discussion.

The biggest problem though, analysts have asserted, is determining the extent by which rules should go. Regulating the industry would require taking into consideration points that will help control lis pendens foreclosures, but, at the same time, will not harm the industry. In Texas, lawmakers are also grappling with these issues as they try to address homeowners' complaints without damaging the overall mortgage servicing industry.

Foreclosure Auctions Up in Seattle in February

Thursday, March 17th, 2011

Foreclosure-related filings and foreclosure auctions increased in Seattle, Washington, in February 2011 when compared with year-ago levels. The increase brought the metro area's foreclosure rate at a level that is higher than even the national average. It was also notable due to the fact that the whole country and majority of U.S. markets posted decreases in foreclosure numbers during the month.

Not a lot of people buy foreclosures for sale in Seattle nowadays, with home-buying activities tanking in most U.S. areas. What makes the metro region's foreclosure problems worse, however, is the continuous rise in the number of filings that further add to the already existing foreclosure cases that have yet to be unloaded. In February, foreclosure-related filings increased by a massive 69.7% compared with February 2010. Compared with January 2011 though, filings were fewer by 4.8%.

Investors can buy foreclosures for sale in Washington in higher numbers this year, analysts have stated, as foreclosed property supplies continue to rise in the region. In Seattle, the foreclosure rate was one household out of every 500 housing units in February, higher than the national rate of one household per 577 residential units. Statewide, foreclosure filings rose by 64% in February compared with year-ago levels. However, compared with January of this year, filings actually tumbled by 12%.

The figure meant that the state had one household out of every 642 residential units receiving at least its first filing or getting scheduled for foreclosure auctions in February. Within the Seattle metro area, King County posted the highest yearly foreclosure increase during the month at 120%, but it also had the lowest foreclosure rate at one household per 587 housing units.

Meanwhile, people buying foreclosures can also find Pierce County a good place to go as one household for every 444 residential units in the county was under some form of foreclosure during the month. In Snohomish County, the ratio was one household for every 387 housing units. According to local analysts, the foreclosure crisis did not hit Seattle immediately, with the area only feeling the impact of the foreclosure flood more than a year after most of the U.S. regions.

They stated that this is part of the reason why Seattle is still suffering from increasing numbers of foreclosure auctions while the rest of the country is already recording declines. Analysts further added that the metro area will likely continue to get worse while other locations start to bottom out. Seattle is expected to get to the recovery path at a later date than most parts of the country.

Homeowners Get Funds If Real Estate Brokers Sold Their Houses for More

Monday, March 14th, 2011

In Colorado, a number of former homeowners who had their properties sold by real estate brokers at foreclosure auctions are set to receive tens and even hundreds of thousands of dollars. According to local trustee officers, they have received a lot of telephone calls from foreclosed owners trying to find out whether they are eligible for some money from the foreclosure sales.

Most of the former owners of foreclosures homes for sale in Denver and in the rest of the state who are set to receive funds from the sales were reportedly not even aware of the windfall until they read it in the Denver Post. The newspaper has reported that state treasurers and trustees have a lot of unclaimed money that are meant for homeowners who got their houses sold at foreclosure auctions.

According to local officials, the money was from overbid funds or foreclosures in Colorado that were sold at auctions at prices that were more than the amount of debt that the homeowner has incurred during the time that the property fell into foreclosure. Under the law, counties are required to pay former homeowners after all liens have been settled. However, they are not compelled to look for these homeowners, but are only tasked to send them notices.

Some real estate brokers have explained that the problem is that notices are often sent to the old addresses of former homeowners, which means their foreclosed dwellings. Of course, majority of them have long vacated these houses, which might now be owned by the one who purchased the property. Meanwhile, some owners might have already died without even knowing that they were due thousands of dollars.

If former owners failed to claim the extra money from foreclosures for sale after five years, then it reverts to the county coffers. The report by the Denver Post included a list of homeowners who are eligible to receive at least $10,000. Arapahoe, Denver County, and Adams County are just some of the local areas in Colorado that are set to issue close to $100,000 to several families who have lost their homes to foreclosures.

Colorado residents who lost their homes to foreclosures are encouraged to contact their local officials or trustees and can even ask some real estate brokers on where they can check whether they qualify for overbid funds or not. Most of those who will be receiving funds have been overjoyed by the unexpected gift.

Houses and Condominium Foreclosures at Bargain Prices in Charlotte

Friday, March 11th, 2011

The high number of distressed residential properties and condominium foreclosures has pulled the prices of real estate down in Charlotte, North Carolina. Local realtors reported that vast choices offered at bargain prices are waiting for buyers in the metro area. Most market analysts consider Charlotte as one of the most affordable places for U.S. homebuyers.

For those who are planning to buy foreclosures in Charlotte, they will have a chance to select from a wide number of available properties. For regular home buyers, opportunities are also numerous and prices of non-foreclosed dwellings have also gone down in the past few years, realtors have revealed. Real estate agents also stated that most of the houses for sale are located in communities with a lot of amenities suitable to families or in neighborhoods where a few years ago, prices of homes were out of reach of regular homebuyers.

Although there are huge numbers of foreclosure sales in North Carolina, there are still those who are looking for non-foreclosed properties. According to real property agents, a buyer with a budget of around $200,000 can easily get a 2,000 square-foot property with four bedrooms and a garage. It will depend on where one's looking though, as some communities have higher asking prices for a similar dwelling than other neighborhoods.

Realtors reported that there are also a lot of condominium foreclosures and townhouses that can be purchased with $200,000. In the town area, this kind of money will reportedly allow a buyer to choose from townhouses and condos that have up to three bedrooms. Properties with 1,200-1,300 square-foot spaces are also within this budget range, realtors said.

When it comes to the suburbs, quality foreclosed homes for sale are also offered at almost half their original prices. A $200,000 budget can get a buyer a suburban house of 3,000 square feet. For those who have this purchase budget, real estate agents stated that the most likely destination is the area near the campus of the University of North Carolina. According to them, a number of real estate development projects are currently ongoing in this community and property buyers are trekking to the area to survey possibilities.

Local realtors have revealed that the onset of distressed houses and condominium foreclosures has resulted in considerable declines in property prices. In Charlotte, prices in 2010 are mostly down by around 20% compared with three years earlier. They also stated that foreclosures are starting to diminish and demand is stating to level with supply, which means that now would be the best time to buy as prices will likely increase in the coming year.

Foreclosure Assistance in the Form of Procedural Reforms Proposed

Thursday, March 10th, 2011

Legislators in Virginia are trying to provide foreclosure assistance to troubled homeowners in the form of foreclosure process reforms. Several legislative bills have been proposed in the region designed to overhaul foreclosure procedures in the state. According to legislators, the bills were meant to eliminate shortcuts allegedly used by lenders in foreclosing on properties.

One of the bills will extend the time provided to owners of foreclosed homes in Richmond and in the rest of the state to fight the action against their properties, while another will require lenders and banks to secure a judge approval before being allowed to legally takeover a property. Another is reportedly aimed at providing borrowers the chance to avoid foreclosure by allowing them to make their loans current at the last minute.

The bills are expected to impact not only homeowners, but also those who buy foreclosures for sale in Virginia. One of the bills, which will require lenders to keep updated records of loans in government record offices, is scheduled to be deliberated on within the month. This particular bill, analysts have stated, can shake up the market for mortgages sold as securities. Meanwhile, the Virginia Bankers Association has allegedly opposed the planned overhaul, arguing that such changes will clog the system and will make matters worse.

The series of legislative measures were launched as the number of people seeking foreclosure assistance increases. The call for a complete overhaul of Virginia's foreclosure process was also buoyed by rising unemployment and the predicted increase in foreclosure numbers this year, analysts have stated. According to them, the projected rise in foreclosures in 2011 might precipitate another wave of faulty documentation issues and robo-signing controversies that halted foreclosure procedures last year.

The proposals hoped to prevent this from happening by imposing penalties on lenders who foreclosed homes using faulty documents. They will be required, under the proposed changes, to seek a court review before initiating a foreclosure action. Concerning the measure that will require lenders to file records at county recording offices, supporters of the bill stated that it will allow property owners to find out who has control over their mortgages.

The legislative bills are expected to be hot topics at the state Legislature in the coming months, along with a number of foreclosure assistance programs being cooked up by several lawmakers. Whichever of the bills get passed, analysts expect it to affect the state's housing market in a big way.

Foreclosure Tax Deed Sales Failed to Alleviate Lack of Housing

Wednesday, March 9th, 2011

Although low-priced foreclosed houses and tax deed sales are in huge supply in the city of Nashville, Tennessee, majority of families are still unable to afford them and most are still in need of affordable housing. Most of the area's residents have rented dwellings, but rental rates are way too high for most of them to leave enough money for daily expenses.

According to market analysts, the huge number of Nashville foreclosures for sale has caused values of properties to decline to a level that has not been seen in decades. It also forced a big number of homeowners to pay for mortgages that are worth more than their properties. Combined with high unemployment levels and the recent recession, the problem has escalated and resulted in increased number of Americans that are categorized as cost burdened.

Being cost burdened means that around 30% of a household income is used in paying for housing expenses, like mortgage or rental fees. According to local analysts, the continuous increase in the number of Tennessee foreclosed homes has forced a lot of people to become renters, the group most at risk of becoming cost burdened. Housing data in Nashville showed that 48% of renters in the city are categorized as cost-burdened. Nationally, nearly 5 million households are considered the same, with renters comprising a huge percentage of the total number.

Even with cheap foreclosed dwellings and properties offered at tax deed sales, a lot of Nashville residents are still unable to become homeowners and most of them have turned to renting. The city has initiated several programs to build affordable homes in the past few years to help these renters find homes that they can afford without completely draining their household income.

During 2006-2007, the local government started building around 26,000 affordable units, but the recession slowed down the project and the number of people in need of affordable homes continued to climb while supply has stuttered. The recession also diminished household earnings that even buying foreclosures offered at bargain prices has become impossible. A federal report has revealed that a big percentage of renters in the U.S. who are tagged as cost-burdened are single parents with very low incomes.

The same is true in Nashville where single parents are often seen renting houses that they can hardly afford. The number of foreclosures and tax deed sales is predicted to rise even higher this year and most analysts are expecting more people to come looking for affordable housing in the area.