Bankruptcy

Foreclosure News: Record Repossessions & the Scandal

By guest-writer

Since news of the so-called ?robo-signer? scandal broke a few weeks ago, a lot has happened in the foreclosure business in this country. Here?s a look at some of the latest developments and what they might mean for individual homeowners and the nation?s housing market.

Record Number of Home Seizures

Bloomberg news reports that mortgage foreclosures in the United States reached record high levels in September, just before the robo-signing story pushed many mortgage lenders to pause their home repossessions. Here are some details:

• More than 100,000 homes foreclosed: In September alone, according to figures from RealtyTrac, lenders repossessed 102,134 U.S. properties. This figure apparently represents the highest monthly total ever recorded (going back to 2005). The previous high came a month earlier, in August of this year.
• Foreclosure filings at record high: In addition to actual lender repossessions, other steps in the foreclosure process (including notices of default and auction) reportedly occurred at high levels last month: 347,420 total foreclosure notices, which means that one in every 371 U.S. homes was in some stage of foreclosure.
• Sales of foreclosure properties high: While the record foreclosure levels aren?t exactly good news, there seems to be a small bright spot: Bloomberg notes that one-third of all home sales in the U.S. in September were sales of foreclosed properties, meaning that at least people are buying houses again.
• National foreclosures halted: Of course, Bank of America, JPMorgan Chase & Co. and Ally Financial Inc., three major mortgage lenders, have paused foreclosure proceedings in some or all of the country to address the legal issues raised by the alleged improprieties of robo-signers. While a pause to foreclosures might be good news for families in danger of losing their homes, it could have a negative impact on home sales.

Will You Have to Pay Your Legal Fees?

The New York Times reported this week on a new state law in NY that will require lenders to pay the legal fees of homeowners who triumph in foreclosure proceedings. Here?s the scoop:

• Not a national law: While the law currently only applies to New York residents, it may gain popularity elsewhere, depending on the effect it has on foreclosure cases there.
• Correcting an imbalance: Currently, in most states, mortgage lenders apparently include a provision in loan papers that requires borrowers to pay lenders? legal fees in the event of foreclosure.
• A better shot for homeowners: With the potential of higher payments (because lenders tend to have more capital than individuals facing foreclosure), consumers looking to fight foreclosure cases may have an easier time getting lawyers to take on their cases and thus fare better in court.

Considering the hubbub in the news concerning foreclosure right now, it will likely be an interesting few months or years to see if and how the foreclosure process changes in the United States.

Full post as published by The Bankruptcy Blog on October 25, 2010 (boomark / email).