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Foreclosures Fall To Lowest Level In 18 Months

ALEX VEIGA   12/16/10 06:18 AM ET   AP

Home Prices

LOS ANGELES — The number of U.S. homes taken back by lenders dropped to the lowest level in 18 months in November, the result of foreclosure freezes enacted by several banks following allegations that evictions were handled improperly.

Home repossessions dropped 28 percent from October and 12 percent from November last year, foreclosure listing firm RealtyTrac Inc. said Thursday.

The 67,428 homes lenders took back last month were the fewest since May 2009. But even with the decline, it was enough to push the total number of repossessions so far this year to more than 980,000 – the highest annual tally of properties lost to foreclosure on RealtyTrac's records dating back to 2005.

"It's almost impossible to imagine that we won't break a million" for the year, said Rick Sharga, a senior vice president at RealtyTrac. "Unfortunately, it's a record that we'll probably break again next year."

Banks had been on pace to take back up to 1.2 million homes this year before problems with foreclosure documents surfaced in late September.

Several lenders responded to heightened scrutiny over the foreclosure process by temporarily ceasing taking action against borrowers severely behind in payments while they checked to see if their employees made errors in loan documents needed to complete foreclosures.

Some banks later announced plans to resume foreclosures, though at a more measured pace, in an attempt to ensure there aren't any flaws in the process.

Lenders' initial freeze and slow ramp-up in foreclosure activity likely caused the sharp decline in foreclosure-related notices sent to households last month. And it's likely to cause another drop in December, Sharga said.

But activity will likely pick up with in the new year.

"In the first quarter, we really anticipate seeing a pretty rapid acceleration of foreclosure proceedings as everybody catches up," Sharga said.

Banks' foreclosure document problems aside, many of the factors that have contributed to the foreclosure crisis are likely to be present next year and should continue to drive foreclosures.

Among them: high unemployment, a weak housing market, flat-to-falling home values and tighter lending standards making it tougher for buyers to qualify for financing.

In addition, there are some 5 million mortgages that are at least two months past due, and many of them have yet to even enter the foreclosure process.

Meanwhile, millions of homeowners owe more on their mortgage than their home is worth, which makes it more likely they will default on their loan.

About 10.8 million households, or 22.5 percent of all homes with a mortgage, were under water in the July-September quarter, according to housing data firm CoreLogic. The figure is down from 23 percent in the second quarter, mainly because more homes fell into foreclosure and not because home prices increased.

In all, 262,339 U.S. homes received at least one foreclosure-related notice in November, or one in every 492 households. The notices were down 21 percent from October and down 14 percent from November last year, RealtyTrac said.

The firm tracks notices for defaults, scheduled home auctions and home repossessions – warnings that can lead up to a home eventually being lost to foreclosure.

The decline in foreclosure activity was most pronounced in the more than 20 states that require foreclosures to be approved by judges and where many of the documentation errors came to light.

Initial notices sent to homeowners in those states who fell behind on their mortgage were off 43 percent from last year, while foreclosure auctions were down 38 percent, RealtyTrac said.

Some 37 states recorded a drop in home repossessions from October to November.

The number of foreclosure-related notices sent to homes in Nevada fell 20 percent from October, but the state still registered the highest foreclosure rate in the U.S. last month, with one in every 99 households receiving a foreclosure notice. That's nearly 5 times the national average.

Utah leapfrogged several states to the No. 2 spot, mostly because of sharp monthly drops in foreclosure activity in California, Florida, Arizona and Michigan.

One in every 221 households in Utah received a foreclosure-related notice in November, more than twice the national average.

California posted the third-highest foreclosure rate despite a nearly 14 percent drop in foreclosure activity.

Rounding out the top 10 states with the highest foreclosure rate in November were: Arizona, Florida, Georgia, Michigan, Idaho, Illinois and Colorado.

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LOS ANGELES — The number of U.S. homes taken back by lenders dropped to the lowest level in 18 months in November, the result of foreclosure freezes enacted by several banks following allegations th...
LOS ANGELES — The number of U.S. homes taken back by lenders dropped to the lowest level in 18 months in November, the result of foreclosure freezes enacted by several banks following allegations th...
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SarcasticFringehead
Mute Nostril Agony
07:40 PM on 12/18/2010
What are the banks doing with all the foreclosed houses they are claiming?

If they release them for sale, they'll take a definite loss and housing prices will drop overall -- if they hold them, and only release a small amount for sale, perhaps they can keep prices artificially higher than they normally would be, and not take as big of a loss. I suspect they are holding on to them, but don't know for sure.

Can anyone answer my question?
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cats530
Valar morghulis
05:04 PM on 12/17/2010
... they’re reinforcing the image that the people losing homes shouldn’t have bought them in the first place. Empty homes with trash piled everywhere, graffiti on walls, tiny little box homes… this is supposed to be representative of who’s losing homes today? Like he(( it is.

Then again… it occurred to me that the Anderson Family so rarely stops to pose for a photo-op in front of their Volvo before driving away from their foreclosed home for the last time."

http://mandelman.ml-implode.com/2010/12/breakthrough-why-americans-are-allowing-the-foreclosure-crisis-to-continue/
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karen1p
11:41 AM on 12/17/2010
How can they continue to steal trillions and all of us sit back and just watch?

I, for one, am going to my local courthouse with protest sign in hand. F*** these a$$holes. They won't be able to comfortably sell these homes. Not on my watch.
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karen1p
11:33 AM on 12/17/2010
"What you have is a non-lawyer engaged in unauthorized practice of law, and that would be a serious problem in terms of that foreclosure judgment withstanding that kind of attack," said Max Gardner, a consumer bankruptcy lawyer and an expert on foreclosures.

We, homeowners, won't stop until there are some new orange jumpsuits issued.
06:30 PM on 12/18/2010
BofA is now being sued in a new york federal court by Deuches bank of Germany because it foreclosed on a wopping 1.7 billion dollars that it loaned boa to scandal American home buyers with. bank of America also just had charges brought up on them by two attorney generals from Arizona and Nevada for scandaling it borrowers that were in modification process. boa told there customers that there foreclosures were stopped/ being put on hold while they were being considered for modification but were thrown out before the process could be finalized. bank of America is in deep troubles . DID I MENTION THE FDIC is dropping there insurance coverage. yup get your money out while you still can!!!!!!
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Steve Rockett
12:24 AM on 12/17/2010
This whole foreclosure thing confuses me. I can see foreclosing on a house that has been abandoned or where the purchaser lied about income and is a deadbeat, but if you have an owner who has an income and the reason for the foreclosure is a down market and reduced equity, what good does a foreclosure do for a bank? They still have to sell the house at a reduced price and then there are the repairs, etc. I would think it would make more sense to renegotiate the loan interest rate so the buyer can stay in and the bank would minimize losses. What am I missing?
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06:47 AM on 12/17/2010
When Glass-Steagall was repealed, banks and insurance companies and finance companies all merged to form a three-headed Hydra (that promptly ate itself). One company sells mortgages ... the more you sell, the more product you have ... and the same company packages those mortgages into securities ... and the same company ostensibly insures them against loss ...and the same company pays billions of dollars (literally) in bribes to the "Fixers" in Washington, DC.

Hop over to L. Randall Way's recent three-part series on "Anatomy of Mortgage Fraud," here on this site, and read it through carefully.

Every criminal endeavor falls to pieces in the same way: because its perpetrators imagine that it can never end, they can never stop and walk away. Also, because the enterprise is not what it proclaims itself to be, it is not self-sustaining but rather self-destructive. So it hurls itself off the closest cliff and tries to take just as many people as it can down with it.

If "the bank" were "just a bank," and if it were a legitimate business, then of course it would not be doing any of these things. (And let the record show that there are thousands of "real banks' who are NOT.) But an massive organized-crime syndicate, masquerading as a business, can indeed hold itself out to be "richer than the richest kings," and it can engage in unlimited bribery to support that position.

Until it falls.
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BlueGreen55
Capitalism w/o Morals is like Faith w/o Works-dead
12:31 PM on 12/17/2010
F&F. Excellent lucidity. Thanks.
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karen1p
11:35 AM on 12/17/2010
If the property is owned by Fannie or Freddie, the "lender" receives upon foreclosure the full value of the foreclosed note in their bank account via government payout.

This is one big Madoff scheme........and way bigger than Madoff, yet everyone is trying to pull the wool to keep these insolvent institutions alive.
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11:15 PM on 12/16/2010
Obama, Geithner, Bair and countless economists in the administration and elsewhere keep saying foreclosures must continue so that housing can find a floor and recover. They don't like the idea of moratoriums anymore than the banks. But isn't that a botomless pit? Won't that go on for years even decades until every home that currently has a mortgage of any amount goes on the market for less than its loan and all sales will have to be short sales or foreclosure sales?

Why isn't it more like housing will find a bottom as soon as foreclosures stop? Why not do everything possible to stop them now? Isn't there enough inventory for years of demand? This never was about supply and demand. Most people don't want homes anymore, (the notion of owning a home has been trashed by both parties now - even those paying on time for their now underwater home are derided) and there are 19 million currently vacant (census). Those still paying on underwater homes obviously want to keep them (for reasons that have nothing to do with money only or they would have walked out long ago) and those who paid for years and who are now having difficulty for whatever reason (even if that is purely money) would stay with a refinance into lower rates which they cannot get.

If foreclosures stop won't landlords start buying up existing inventory then? Even if the answer is no - more inventory won't make them buy either.
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Mr Hankey
Kucinich / Sanders (Democratic Socialist)
12:28 AM on 12/17/2010
Thank you. Fanned and Fav'd.
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09:51 PM on 12/16/2010
You would be very wise to think twice, thrice, a hundred times, about actually buying a foreclosure. If the bank does not have clear title (and they most certainly do not), then they do not have anything to foreclose upon ... and THAT means that YOU can be thrown out of the house you just thought you bought.

Banks are frantically trying to foreclose, literally "to prove that they can do it," hence that their "mortgage-backed securities" really are mortgage-backed. And they are stuffing the bribes into the pockets of the responsible government officials to a degree that might give even the most jaded, corrupt crook the slightest bit of pause. Maybe.
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Longtimeliberal
06:34 PM on 12/16/2010
The Wall Street Banks know what they have done is illegal.
06:19 PM on 12/16/2010
Robo signing is the smoke screen.. Fraud Subprime Loans Originated and Fraud as MBS's were sold to investors is what is giving pause to the crisis.

Hopefully our ruler can punish these guys for what they did to America and for backing the opposition in Nov Elections.
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07:04 AM on 12/17/2010
Well, we don't have "our Ruler." We have a Congress.

And we have a thoroughly and completely Corrupted Congress.... and a Corrupted Court... and a Corrupted Executive... and a Corrupted group of commissions, bureaus, agencies and so-on.

They are corrupted to the point that they are facilitating, fighting for,aiding and abetting these very same destructive things. "Money is no object" to criminals of this kind, nor to crimes of this size and scope. When you look at what the Government is not-doing about a crime that is as obvious as anything could be ... the reason is an old one: Money.

"The love of money is the root of all evil." Truer words have never been spoken, nor will they ever be.

We call it "lobbying," or "corporate freedom of speech," or "campaign contributions" and seek to "regulate it." But the Constitution calls it "Bribery," even as a Constitutional Amendment is very quietly slipping its way among the bankrupted States with the goal of slipping the ambiguous word, "Contribution," into that same text.
06:10 PM on 12/16/2010
crisis averted,,,until the govt takes over all the banks when they fail and foreclose on your homes because you owe back taxes because you claimed interest credit on a home you can't prove you had a valid mortgage on

they will then move the homeless voters into your house as a forced border or just evict you
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cats530
Valar morghulis
06:12 PM on 12/16/2010
No, the neo cons don't want that either (allowing homeless voters). They tried to pass a bill to bar people who were in foreclosure from voting, saying they shouldn't be allowed to vote because they are in FC. Ohio or Michigan, I think. And these neo cons claim to be "patriots".
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06:02 PM on 12/16/2010
IF the chain of title was broken on millions of homes, sold over many years, during the securitization process, WHAT is the legal solution that will FIX the problem?

Is there a solution that does not deprive homeowners from their homes?
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cats530
Valar morghulis
06:14 PM on 12/16/2010
I think it will have to be worked out on a case-by-case basis. I really don't see any other way. The feds can't paper-over state law. They might try ex post facto law - they already tried to pass that in HR 3808. If you interested in the "solution" topic, they do discuss it frequently on livinglies wordpress.
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02:37 AM on 12/17/2010
Thanks, I'll check it out.
09:40 PM on 12/17/2010
The LEGAL answer to fix the problem is already on the books and has been. The problem is that means they CANNOT foreclose. Here's one
§ 8-319. Statute of Frauds.
A contract for the sale of securities is not enforceable by way of action or defense unless:
• (b) delivery of a certificated security or transfer instruction has been accepted...but the contract is enforceable under this provision only to the extent of the delivery, registration, or payment;

The above is stating if the NOTE was properly TRANSFERRED and accepted it is NOT ENFORCEABLE...

The vast majority of foreclosures are ILLEGAL. The courts are REFUSING to hear these arguements from defense attnys and they blatantly ignore pro-se litigants. The LAWS are on the books already. If courts would enforce these laws - the lenders would renegotiating these loans - writing-off the losses - discounting the principle & interest rates. They wouldn't have a choice. Otherwise folks could simply file bankruptcy and KEEP THE HOUSE - NO PAYMENTS...

No Chain of Title -the loan is UNSECURED. They cannot take the property. The LENDERS deliberately broke those laws to EVADE TAXES & FEES. Why are they getting a free ride - hypocrisy is disgusting and THEY ALL KNOW IT - Obama- Timmy - congress - ALL - they are delaying foreclosures because NEW LAWS are in the works to legalize thier illegal acts.
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12:18 PM on 12/18/2010
Any legislation that will erase the massive illegalities that are at the root of these problems would be despicable, as would be the politicians that support said legislation.

The Americans People, as well as investors from around the world need Justice to be applied to the miscreants that put our nation through this debacle by the laws that were on the books when the crimes were committed.
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12:44 PM on 12/18/2010
Further, it seems astounding and totally unacceptable that we have the government set-up here whereby crimes committed can then be found to be not crimes by newer legislation.
Crimes here have been committed by any law-abiding citizens' measure!
04:16 PM on 12/16/2010
it aint NEARLY over yet!
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comicpro
Stupid Should Be Painful
04:03 PM on 12/16/2010
The USA is so F'ed up! God the news goes from bad to worse to suicidal!!!!
04:03 PM on 12/16/2010
just delaying the inevitable.
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slowuncle
Ella Megalast Burls Forever
04:08 PM on 12/16/2010
no. I continue to be astounded at how inaccurately this story is being portrayed---it's not just about robo-signers, it's about a shady papertrail going all the way back to the original signing of these mortgages.
Garbage in, garbage out---the entire mortgage, in many cases will prove to be illigitmately closed.
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cats530
Valar morghulis
04:10 PM on 12/16/2010
I think the comment was by a neo con who doesn't believe in due process for anyone except large corporations.
04:10 PM on 12/16/2010
in a very small percentage, perhaps
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karen1p
11:39 AM on 12/17/2010
Hahahahahahahahaha.

"What you have is a non-lawyer engaged in unauthorized practice of law, and that would be a serious problem in terms of that foreclosure judgment withstanding that kind of attack," said Max Gardner, a consumer bankruptcy lawyer and an expert on foreclosures.

Nice bank SPIN. Hope you have your orange jumpsuit all ready.
03:50 PM on 12/16/2010
It is time for American business to do something for America and Americans.

Each American company CEO needs to look at where they can hire and help
reduce the unemployment rate in this country.

Each American company CEO needs to look at their purchasing policies and
see what they can do to make more of an effort to buy American made products.

Each American company CEO needs to look at how many workers they have hire
that are H1B visa workers and make more of an effort to hire Americans.

Each American company CEO that has been hiring temporary workers from overseas
for their tourism jobs needs to look at recruiting in American colleges to fill those jobs.

Each American company CEO that has been hiring undocument ed workers needs to
look at our local high schools and colleges help provide them the work experience they need.

Each American company CEO that is producing products overseas needs to take
a hard look at bringing those jobs home to American workers.

Each American company CEO needs to realize that if American workers have no jobs
they will have no money and the there will be no customers.

Every American should make an effort to buy one American made product this
holiday season.
04:05 PM on 12/16/2010
each american lawmaker; federal, state or local, should pledge to NOT increase taxes on anything for the next 5 years and to not increase regulations on business and industry for the next 5 years.
09:37 PM on 12/16/2010
Yeah, they arent sending our job overseas because of taxes. Its just greed.
04:22 PM on 12/16/2010
american business no longer care about americans...everyone is just a number and funding source.
as long as they can squeeze every dime out of us they're happy.
the laws are a sham too...all bought and paid for by the corporations