A foreclosure in Florida begins when a lender files court action and records a notice of a pending lawsuit (Lis Pendens) against the borrower. The lender notifies the borrower and any other affected parties in person (or in some cases by mail or publication). If the borrower does not respond to the court action within a specified amount of time, the county clerk can find the borrower in default and the lender can ask the court to make a final ruling. If the court rules against the borrower, the ruling will include the total amount owed to the lender (final summary judgment) and the foreclosure sale date.
Source: blogspot.com
Video: Florida foreclosure process
Florida Foreclosure process ?just a rotten bag of apples?, says Roy Oppenheim
He estimates 95% of mortgages are now controlled by what?s called a servicer, which is a bank or financial company which handles your mortgage and monthly payment. They are the ones who collect fees and penalties from home owners, and according to Sunshine?s report, they are the first ones to make yet more money when a home is foreclosed.
Source: southfloridalawblog.com
More Home Repossessions May Be Ahead In Florida
The Mortgage Bankers Association reported on Wednesday that the percentage of mortgages that were one payment past due as of March 31 declined to the lowest level since mid-2007. While the share of home loans that were at least three months past due at the end of the first quarter fell to the lowest level since the end of 2008.
Source: cbslocal.com
Maximum Foreclosure Figures and Delinquency Rates Seen in Florida
In that month, the foreclosure rate in Miami was 18.9% and when the rate of three-month old delinquent loans was included, the rate moved up to 23.6%. On an average, this rate represents one mortgage in every four housing units. The cities in Florida occupied all the nine positions among the top ten regions with the highest number of delinquency and foreclosure cases in December 2011.
Source: foreclosurewarehouse.com
Condo & HOA Law: The Lien and Foreclosure Process in Florida
The association is required to give notice to the homeowner prior to filing the lien by sending two copies of the notice, one by regular mail and one by certified mail, that includes the amount due and the deadline for payment. For HOAs this is 45 days and for condos this is 30 days. If you missed payments, the lien will include the assessments, interest, attorneys fees, and if the governing documents allow, late fees. Once you are turned over to an attorney for collections any payments are applied to all the fees first and assessments last.? After the lien is recorded the association must then go through the same process to foreclose before filing to foreclose on your home. Once you receive a summons, you have 20 days to file an answer and affirmative defenses or a motion to dismiss. The association will file a motion for summary judgment, which means there are no disputed facts and the association should get your home without a trial.? DO NOT ATTEMPT TO HANDLE THIS WITHOUT AN ATTORNEY.?Your best option is to negotiate a payment plan or file Chapter 13 bankruptcy to put this in a 5-year payment plan. Chapter 7 will not save the home.? If you missed any payments, fighting over the amount with the association is useless in almost all instances because it will generate attorneys fees that you are liable for and must be paid to keep your home. The courts will award the attorneys 100% of their attorneys fees if you are at fault, even if it?s a small amount and their numbers are wrong.? The courts are facing having their funding cut thanks to the foreclosure cases clogging up the dockets. In many cases good case law is being ignored to move the cases out of the courts and owners are being denied justice and due process because of budget concerns. This has changed the owners slim chance to virtually no chance, but that?s my personal opinion.
Source: blogspot.com
Florida metros lead nation in foreclosures
TALLAHASSEE, Fla. ? May 10, 2012 ? The greater Miami area led the nation in the percentage of homeowners that went through a foreclosure or who were more than 90 days behind on their mortgage payment, according to a national review of 366 metropolitan areas released yesterday by Foreclosure-Response.org, a Washington-based advocacy group maintained by the Center for Housing Policy, the Local Initiatives Support Corporation and the Urban Institute. Florida has been slow to get back on its feet because of a foreclosure process that, on average, takes more than two years to complete, according to the report. Miami-Dade/Fort Lauderdale/Pompano Beach had the nation?s highest foreclosure rate and the highest percentage of delinquent loans in December. The Miami metropolitan area had a foreclosure rate of 18.9 percent. Add to that the percentage of mortgages more than 90 days late and the figure jumps to 23.6 percent ? nearly one in four mortgages. Florida cities captured nine out of the top 10 slots on both foreclosures and delinquencies for the month. Looking at just foreclosures, Florida held the top five spots, with Miami followed by Port St. Lucie (16.7 percent), Palm Coast (16.6 percent), Tampa (15.9 percent) and Orlando (15.6 percent.) ?The high and growing foreclosure rate reflects a buildup of homes that are stalled in the foreclosure process,? the report stated. ?According to data from LPS Applied Analytics, foreclosure starts continue to outpace foreclosure sales, and the foreclosure rate will remain high until these properties fully complete the foreclosure process.? Lenders who halted foreclosure proceedings amid the robo-signing investigations are now resuming their efforts to get rid of troubled properties. Like other large cities, Florida?s metropolitan areas have seen a steady uptick in foreclosures over the past few years. Another major factor contributing to the backlog in Florida is that a judge must be involved in foreclosure proceedings, a requirement that has slowed the foreclosure process in Florida and other states that require judicial review. In Florida, the average foreclosure takes more than 800 days to complete. Recent attempts to remove judges from the equation have not garnered the legislative support needed to pass. ?This year Florida re-hired retired judges to help sort through the backlog of foreclosures,? the group concluded. ?However, the future still remains unclear in Florida and other judicial states.?
Source: luxuryhomesbydana.com
Florida Foreclosure Process
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Source: buyingashortsalea.com
Cities With The Most Homes In Foreclosure
The continuing high rates of foreclosures in some areas is a disturbing trend, says RealtyTrac?s vice president, Daren Blomquist. Although the national foreclosure rate appears to have peaked, he explains, the massive number of remaining properties yet to be foreclosed may continue to hurt the U.S. market in the long-term. The large number of new foreclosures ?means that distressed property sales will continue to represent a large portion of overall sales for at least the remainder of this year, which in turn will keep a lid on any robust home price recovery,? Blomquist says.
Source: 247wallst.com
Florida Foreclosure and Short Sale Experts Help Homeowners Avoid Foreclosure without Bankruptcy
Florida foreclosure and short sale experts have the unfortunate task of viewing the face of foreclosure from the ground level. The process to stop foreclosure is complicated and some homeowners face challenges that other homeowners do not face during foreclosure. Traditional ways that a homeowner could explore to avoid foreclosure included filing bankruptcy or hiring an attorney that could use legal blockades to slow the foreclosure process. AvoidForeclosure.com, the online foreclosure help center, announces that its programs are now nationwide. New options are available for homeowners to avoid bankruptcy apart from bankruptcy or hiring attorneys. These national programs are now available in every U.S. state and are a combined effort of over three years of research and development.
Source: rapichat.com
New Nevada Law Slows Foreclosure Process: Is Florida Next?
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Source: carneyproperties.com
Key Case in Florida Supreme Court Could Strike a Blow Against Bank?s Fraudulent Foreclosure Practices
The Florida Supreme Court heard oral arguments in an important case that could have wide-ranging implications for foreclosures in that state. The case, Roman Pino v. Bank of New York Mellon, could invalidate the ability of banks to refile documents in situations where the initial documents they filed to foreclose on homeowners were fraudulent. Pino went through a foreclosure on his house in 2008, but attorneys found that the mortgage assignment used in the foreclosure proceedings was signed by known robo-signer Cheryl Samons and stamped with a notarization that was out of date. In depositions, Samons and colleagues at the David J. Stern foreclosure mill where she worked admitted to not just robo-signing but forgery, backdating of documents, inflated billings and a host of other illegal activities.
Source: firedoglake.com
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