Both completed foreclosures and the number of San Diego property owners who started the foreclosure process increased in January from the end of 2011, but those numbers are down compared to figures from a year ago, real estate tracker DataQuick reported Tuesday.
San Diego County recorded 726 foreclosures in January, up 2.3 percent from December but down 24.3 percent from January 2011, the latest numbers show. The county's peak was 2,004 in July 2008.
The movement of foreclosures, which depend on the banks, have long been erratic. But by analyzing the average number of foreclosures in certain time increments, it appears that foreclosures may be easing. (Please refer to the first table.)
The same thing may be happening with notices of defaults, the document that signals the start of a foreclosure. (Please refer to the second table.)
There were 1,407 default filings in January, up 13 percent from December but down 9.1 percent from January 2011. The county is about 63 percent below its default-notice peak of 3,832 in March 2009.
DataQuick analyst Andrew LePage said the short- to mid-term view of the distressed market in San Diego is "cloudy."
The long-term picture, however, "continues to brighten slowly" alongside slight job growth and fewer mortgage delinquencies.
Another new factor in the world of foreclosures is a recently announced settlement involving 49 state attorneys general and the country's Top 5 banks over questionable foreclosure practices, LePage added.
The $25 billion mortgage settlement, which still needs judge approval, could help about 466,000 Californians by reducing principal balances, refinancing mortgages and offering restitution in cash.
This blog is updated by the San Diego Bankruptcy Law Firm. The blog is designed to illuminate, update and educate consumers about their bankruptcy rights. Our staff of Bankruptcy Attorneys help consumers file for bankruptcy protection under Chapter 7 and 13 of the Bankruptcy Code. Feel free to contact our Bankruptcy Lawyers for a free consultation at 619-260-1800 or visit us at www.gobksandiego.com
Showing posts with label San Diego Bankruptcy Attorney. Show all posts
Showing posts with label San Diego Bankruptcy Attorney. Show all posts
Wednesday, February 29, 2012
Tuesday, November 15, 2011
San Diego Bankruptcy Law Firm to Offer Free Bankruptcy Services to San Diego Veterans.
Link: http://news.yahoo.com/san-diego-bankruptcy-law-firm-offer-free-bankruptcy-160845474.html
San Diego Bankruptcy Law Firm to Offer Free Bankruptcy Services to San Diego Veterans.
PRWeb – Wed, Nov 9, 2011...
San Diego Bankruptcy Law Firm is proud to announce that it has agreed to offer free bankruptcy services to San Diego veterans by partnering with Thomas Jefferson School of Law Veterans Legal Assistance Clinic.
San Diego, CA (PRWEB) November 09, 2011
San Diego Bankruptcy Law Firm, located in Mission Valley, is proud to announce that it has agreed to offer bankruptcy services to San Diego Veterans free of charge. San Diego Bankruptcy Law Firm has partnered with Thomas Jefferson School of Law Veterans Legal Assistance Clinic. The Veterans Clinic will pre-screen eligible veterans and refer those who qualify to San Diego Bankruptcy Law Firm.
San Diego Bankruptcy Law Firm was founded by Thomas Jefferson School of Law alumni Todd F. Williams and Scott M. Schlegel and is managed by Maureen A. Enmark. “We were looking for a way to give back to our community and veterans have been particularly affected by the downturn in the economy. This is our way of saying thank you for their service,” says bankruptcy attorney -Todd Williams.
The Veterans Clinic provides limited legal assistance, as well as full service legal representation, to the residents and alumni of Veterans Village of San Diego. Thomas Jefferson School of Law students represent the veterans under supervision of the law school faculty. Veterans Village is a highly successful, residential program that provides housing, substance abuse, mental health, and job training services to formerly homeless veterans.
Bankruptcy can help veterans by stopping foreclosure, eliminating debt and protecting assets. “Sometimes filing bankruptcy is all it takes to provide a little breathing room that will help veterans get back on track,” says bankrupcy lawyer -Scott Schlegel.
The Veterans Clinic will pre-screen potential candidates and refer those who qualify to San Diego Bankruptcy Law Firm. According to Steve Berenson, a professor at Thomas Jefferson School of Law, who runs the Veterans Clinic: “we hit our capacity fairly quickly each semester and have to turn away some cases that we might otherwise be able to handle.”
“This is not the first time San Diego Bankruptcy Law Firm has stepped up to help San Diegans in need,” says Maureen Enmark. When Kerry Steigerwalt’s Pacific Law Center closed its doors, San Diego Bankruptcy Law Firm offered to take over cases and charge the client only the remainder of what they owed to Pacific Law Center.
San Diego Bankruptcy Law Firm is a Better Business Bureau Accredited Business with an A+ rating. They are located in Mission Valley and can be reached at 877-GOBK619 or 619-260-1800. You can also visit their website at http://www.gobksandiego.com
San Diego Bankruptcy Law Firm to Offer Free Bankruptcy Services to San Diego Veterans.
PRWeb – Wed, Nov 9, 2011...
San Diego Bankruptcy Law Firm is proud to announce that it has agreed to offer free bankruptcy services to San Diego veterans by partnering with Thomas Jefferson School of Law Veterans Legal Assistance Clinic.
San Diego, CA (PRWEB) November 09, 2011
San Diego Bankruptcy Law Firm, located in Mission Valley, is proud to announce that it has agreed to offer bankruptcy services to San Diego Veterans free of charge. San Diego Bankruptcy Law Firm has partnered with Thomas Jefferson School of Law Veterans Legal Assistance Clinic. The Veterans Clinic will pre-screen eligible veterans and refer those who qualify to San Diego Bankruptcy Law Firm.
San Diego Bankruptcy Law Firm was founded by Thomas Jefferson School of Law alumni Todd F. Williams and Scott M. Schlegel and is managed by Maureen A. Enmark. “We were looking for a way to give back to our community and veterans have been particularly affected by the downturn in the economy. This is our way of saying thank you for their service,” says bankruptcy attorney -Todd Williams.
The Veterans Clinic provides limited legal assistance, as well as full service legal representation, to the residents and alumni of Veterans Village of San Diego. Thomas Jefferson School of Law students represent the veterans under supervision of the law school faculty. Veterans Village is a highly successful, residential program that provides housing, substance abuse, mental health, and job training services to formerly homeless veterans.
Bankruptcy can help veterans by stopping foreclosure, eliminating debt and protecting assets. “Sometimes filing bankruptcy is all it takes to provide a little breathing room that will help veterans get back on track,” says bankrupcy lawyer -Scott Schlegel.
The Veterans Clinic will pre-screen potential candidates and refer those who qualify to San Diego Bankruptcy Law Firm. According to Steve Berenson, a professor at Thomas Jefferson School of Law, who runs the Veterans Clinic: “we hit our capacity fairly quickly each semester and have to turn away some cases that we might otherwise be able to handle.”
“This is not the first time San Diego Bankruptcy Law Firm has stepped up to help San Diegans in need,” says Maureen Enmark. When Kerry Steigerwalt’s Pacific Law Center closed its doors, San Diego Bankruptcy Law Firm offered to take over cases and charge the client only the remainder of what they owed to Pacific Law Center.
San Diego Bankruptcy Law Firm is a Better Business Bureau Accredited Business with an A+ rating. They are located in Mission Valley and can be reached at 877-GOBK619 or 619-260-1800. You can also visit their website at http://www.gobksandiego.com
Wednesday, May 11, 2011
Foreclosures Crush Home Prices...Down 30% Plus @www.money.cnn.com"
Foreclosures crush home prices
By Les Christie, staff writer May 10, 2011: 5:01 PM ET
Click This Link to Read the Article: http://money.cnn.com/2011/05/09/real_estate/metro_home_prices/index.htm?source=patrick.net#0_undefined,0_
NEW YORK (CNNMoney) -- Home prices continued to plummet during the first three months of 2011, falling 4.6% from a year earlier.
The U.S. median price, according to the National Association of Realtors (NAR), dropped to $158,700 for a single family house. Condo prices fell even harder -- 10.4% to $152,900.
0Email Print The median home price has now slumped 30% from its 2006 high of $227,100, and prices have fallen nearly 7% so far this year.
"We're seeing prices dropping faster than they did in 2010," said Pat Newport, an analyst with IHS Global Insight. "That's troubling. Falling home prices precipitated the recession and are slowing the recovery."
NAR blamed much of the latest price drop on sales of foreclosed properties. These "distressed" property sales accounted for 39% of the market, up from 36% from a year earlier.
Distressed properties, often in poor condition and are priced to move, sell for about 20% less than conventional home sales.
Those sales attract speculators, investors and cash buyers who gravitate toward lower priced homes, said Lawrence Yun, chief economist for NAR. (How to buy a foreclosure)
The market for distressed properties may further expand over the next few months. Falling prices have sent more mortgage borrowers underwater, owing more on their mortgage balances than their homes are worth. That makes them more likely to default on loans.
"That's a key problem," said Newport. "There are a lot of bad loans in the foreclosure pipeline and we don't know how many strategic defaults [people walking away from their mortgages] will result."
Of the 153 home markets covered by the report, Honolulu recorded the highest median price, $579,300. San Jose, Calif., the heart of Silicon Valley, was second at $545,000, and Anaheim-Santa Ana, Calif. was third at $511,800.
The lowest priced markets were in the Rust-Belt: Youngstown, Ohio ($55,400); Lansing, Mich. ($64,400); and Toledo, Ohio ($64,900).
The biggest losers were Gulfport, Miss. (down 22.8% to $99,400); Akron, Ohio (off 21.4% to $74,900); and Salem, Ore.(down 20.6% to $153,500).
Check out prices in your home town
By Les Christie, staff writer May 10, 2011: 5:01 PM ET
Click This Link to Read the Article: http://money.cnn.com/2011/05/09/real_estate/metro_home_prices/index.htm?source=patrick.net#0_undefined,0_
NEW YORK (CNNMoney) -- Home prices continued to plummet during the first three months of 2011, falling 4.6% from a year earlier.
The U.S. median price, according to the National Association of Realtors (NAR), dropped to $158,700 for a single family house. Condo prices fell even harder -- 10.4% to $152,900.
0Email Print The median home price has now slumped 30% from its 2006 high of $227,100, and prices have fallen nearly 7% so far this year.
"We're seeing prices dropping faster than they did in 2010," said Pat Newport, an analyst with IHS Global Insight. "That's troubling. Falling home prices precipitated the recession and are slowing the recovery."
NAR blamed much of the latest price drop on sales of foreclosed properties. These "distressed" property sales accounted for 39% of the market, up from 36% from a year earlier.
Distressed properties, often in poor condition and are priced to move, sell for about 20% less than conventional home sales.
Those sales attract speculators, investors and cash buyers who gravitate toward lower priced homes, said Lawrence Yun, chief economist for NAR. (How to buy a foreclosure)
The market for distressed properties may further expand over the next few months. Falling prices have sent more mortgage borrowers underwater, owing more on their mortgage balances than their homes are worth. That makes them more likely to default on loans.
"That's a key problem," said Newport. "There are a lot of bad loans in the foreclosure pipeline and we don't know how many strategic defaults [people walking away from their mortgages] will result."
Of the 153 home markets covered by the report, Honolulu recorded the highest median price, $579,300. San Jose, Calif., the heart of Silicon Valley, was second at $545,000, and Anaheim-Santa Ana, Calif. was third at $511,800.
The lowest priced markets were in the Rust-Belt: Youngstown, Ohio ($55,400); Lansing, Mich. ($64,400); and Toledo, Ohio ($64,900).
The biggest losers were Gulfport, Miss. (down 22.8% to $99,400); Akron, Ohio (off 21.4% to $74,900); and Salem, Ore.(down 20.6% to $153,500).
Check out prices in your home town
Wednesday, March 9, 2011
Filing for Bankruptcy could save your home from foreclosure
Filing for bankruptcy could save your home
For some struggling homeowners, desperate step could stop a foreclosure
FROM CNBC: http://www.msnbc.msn.com/id/41787682/ns/business-personal_finance/
By the time the foreclosure notice arrives, most struggling homeowners figure they are out of options. But there is one more step, often overlooked but sometimes effective: bankruptcy.
It's not a move to be taken lightly. But the impact — especially on your chances of getting a loan — may not be as dire as many consumers assume. In fact, homeowners facing foreclosure may be able to improve their credit with a bankruptcy filing.
Bankruptcy is not the best first choice for anyone struggling to pay the bills. The first step is to approach lenders or others to whom you owe money and see if you can work out a more affordable payment plan. If you're unable to do so on your own, an accredited credit counselor may be able to intervene with lenders on your behalf.
More must-see stories
Reuters Heroes need not apply
Your Career: There was public outrage recently when four employees at a Walmart lost their jobs for safely disarming a gun-toting shoplifter. But no one should be too surprised
Life Inc.: Yes, smart guy, you have to pay taxes NFL labor dispute is typical, only with way more money ConsumerMan: Fat fingers and phone fraud Homeowners facing foreclosure also have several options to minimize the long-term impact on their credit — even if they ultimately lose the house. If the lender agrees to a short sale, for example, you may be able to sell your home for less then you owe. In a so-called "deed in lieu" of foreclosure, you give the lender the deed to your home and avoid a formal foreclosure proceeding. By doing so, you'll avoid the devastating damage to your credit brought by a foreclosure.
If none of those steps work, bankruptcy may provide relief for the worst case of a foreclosure judgment - and inflict less damage to your credit.
"In the eyes of lenders, you're making an attempt to pay back what is owed and keeping up with your payments," said Raquel Price, a bankruptcy attorney in State College, Pa. "With a foreclosure, you simply just walk away after not paying for a period of time."
Bankruptcy laws, after all, were established to provide an orderly process for people in financial trouble to reorganize their debts, start fresh and rebuild their lives.
Advertise | AdChoicesAdvertise | AdChoicesAdvertise | AdChoices"Most people who file bankruptcy don't file because they are poor managers of credit," said John Ulzheimer, president of consumer education for SmartCredit.com. "Most people file because of some other incident that is out of their control - like a divorce, or loss of job, or the death of an earner in the family or some major medical event that zaps out their savings."
With home prices falling, unemployment near 9 percent and wages stagnant, the volume of fillings continues to rise. Last year, some 1.5 million consumer filings were reported — up 9 percent following double digit gains in each of the previous three years, according to the American Bankruptcy Institute.
As government mortgage relief programs have fallen well short of their goals and lenders struggle to find solutions, bankruptcy has become a potent weapon for those hoping to save their home from foreclosure.
Last year, foreclosure filings were reported on a record 2.9 million homes in the U.S., up nearly 2 percent from 2009 and 23 percent from 2008, according to RealtyTrac. More than one in five homeowners with a mortgage owe more than their house is worth, according to the latest figures from CoreLogic. That number of so-called "underwater" mortgages is expected to increase if home prices continue the current trend of edging lower.
A bankruptcy filing won't guarantee you'll be able to keep your home. But it stops the process and buys time while the court reviews your finances and tries to work out a payment plan with lenders.
The mortgage industry supports the current bankruptcy process because it frees many borrowers from some unsecured debts, making it easier for them to support a home loan. But the industry has strenuously fought legislative proposals to change the law to allow judges to alter the terms of a mortgage, including writing down the principal owed — a process known as a "cramdown."
Contrary to widely-held belief, bankruptcy doesn't necessarily leave the filer without access to credit.
"I hear that every day from people coming to my office: 'I thought it takes seven years to rebuild your credit,'" said Michael Fakhoury, a bankruptcy attorney in Poughkeepsie, N.Y. "It's not true."
Credit card offers
Though the record of a filing typically remains on your credit report for seven years, many filers begin getting credit card offers within a year or two after the process is completed.
Personal bankruptcy takes two forms. In a so-called Chapter 13 bankruptcy, debts are consolidated and a payment plan is arranged — typically over three to five years. This process allows you to retain assets like a house or car and some savings (the rules vary somewhat state to state). Chapter 13 is required for those whose income falls above a "means test." Once you've filed, you're not allowed to file Chapter 13 again for another two years.
A Chapter 7 bankruptcy discharges most forms of debt — usually within six months. To qualify, you have to be current on secured debt payments such as a mortgage.Some debts, including student loans, alimony or child support, can't be discharged. With Chapter 7, you can't file again for eight years.
Once the process is complete, credit card companies will likely come calling again within a year or two offering credit, according to Fakoury.
Advertise | AdChoicesAdvertise | AdChoicesAdvertise | AdChoices"They know that you don't have any more debt — you just got rid of all your debt," he said. "So you're a good credit risk."
Opening new accounts and establishing a solid record of timely payments will help improve your chances of getting more credit, according to Ulzheimer.
"The most predictive item on your credit report is the item that's less than 24 months old," he said. "So if you can start populating your credit reports with good things, you're going to accelerate your score improvement much more aggressively than if you just sat there and waited for your score to improve as you put time between yourself and the bankruptcy filing."
Getting a mortgage after a bankruptcy filing is a little tougher, largely because underwriting guidelines have tightened for all borrowers since the housing bust. To qualify for a so-called "conforming" loan backed by government mortgage sponsors Fannie Mae or Freddie Mac, you'll need to wait four years after a bankruptcy filing.
But you'll be ineligible for seven years after a foreclosure — another reason it might make more sense for some homeowners to file for bankruptcy rather than wait for a foreclosure.
For an FHA-backed mortgage, you may be able to qualify within three years of a foreclosure, or two years after completing a bankruptcy. For Chapter 7, the clock on FHA eligibility starts when your discharge is complete, usually within six months of the filing. For a Chapter 13, you'll have to wait two years after the payment plan is completed, usually three to five years.
Lenders are also going to want to know why you ended up in bankruptcy court, according to Chad Smith, senior vice president of sales at Lending Tree, a mortgage lender.
"Most underwriters are going to want to know what happened in a detailed letter of explanation," he said. "If it’s a life event, that's going to be reflected differently than if it's excessive spending."
Filling for bankruptcy won't guarantee you'll be able to save your home. For some homeowners, the financial hole is just too deep.
"That is a very hard talk to have with them — explaining that no matter what I try to do they won't be able to sustain their residence," said Price. "For some clients that is a very tough thing to accept."
For some struggling homeowners, desperate step could stop a foreclosure
FROM CNBC: http://www.msnbc.msn.com/id/41787682/ns/business-personal_finance/
By the time the foreclosure notice arrives, most struggling homeowners figure they are out of options. But there is one more step, often overlooked but sometimes effective: bankruptcy.
It's not a move to be taken lightly. But the impact — especially on your chances of getting a loan — may not be as dire as many consumers assume. In fact, homeowners facing foreclosure may be able to improve their credit with a bankruptcy filing.
Bankruptcy is not the best first choice for anyone struggling to pay the bills. The first step is to approach lenders or others to whom you owe money and see if you can work out a more affordable payment plan. If you're unable to do so on your own, an accredited credit counselor may be able to intervene with lenders on your behalf.
More must-see stories
Reuters Heroes need not apply
Your Career: There was public outrage recently when four employees at a Walmart lost their jobs for safely disarming a gun-toting shoplifter. But no one should be too surprised
Life Inc.: Yes, smart guy, you have to pay taxes NFL labor dispute is typical, only with way more money ConsumerMan: Fat fingers and phone fraud Homeowners facing foreclosure also have several options to minimize the long-term impact on their credit — even if they ultimately lose the house. If the lender agrees to a short sale, for example, you may be able to sell your home for less then you owe. In a so-called "deed in lieu" of foreclosure, you give the lender the deed to your home and avoid a formal foreclosure proceeding. By doing so, you'll avoid the devastating damage to your credit brought by a foreclosure.
If none of those steps work, bankruptcy may provide relief for the worst case of a foreclosure judgment - and inflict less damage to your credit.
"In the eyes of lenders, you're making an attempt to pay back what is owed and keeping up with your payments," said Raquel Price, a bankruptcy attorney in State College, Pa. "With a foreclosure, you simply just walk away after not paying for a period of time."
Bankruptcy laws, after all, were established to provide an orderly process for people in financial trouble to reorganize their debts, start fresh and rebuild their lives.
Advertise | AdChoicesAdvertise | AdChoicesAdvertise | AdChoices"Most people who file bankruptcy don't file because they are poor managers of credit," said John Ulzheimer, president of consumer education for SmartCredit.com. "Most people file because of some other incident that is out of their control - like a divorce, or loss of job, or the death of an earner in the family or some major medical event that zaps out their savings."
With home prices falling, unemployment near 9 percent and wages stagnant, the volume of fillings continues to rise. Last year, some 1.5 million consumer filings were reported — up 9 percent following double digit gains in each of the previous three years, according to the American Bankruptcy Institute.
As government mortgage relief programs have fallen well short of their goals and lenders struggle to find solutions, bankruptcy has become a potent weapon for those hoping to save their home from foreclosure.
Last year, foreclosure filings were reported on a record 2.9 million homes in the U.S., up nearly 2 percent from 2009 and 23 percent from 2008, according to RealtyTrac. More than one in five homeowners with a mortgage owe more than their house is worth, according to the latest figures from CoreLogic. That number of so-called "underwater" mortgages is expected to increase if home prices continue the current trend of edging lower.
A bankruptcy filing won't guarantee you'll be able to keep your home. But it stops the process and buys time while the court reviews your finances and tries to work out a payment plan with lenders.
The mortgage industry supports the current bankruptcy process because it frees many borrowers from some unsecured debts, making it easier for them to support a home loan. But the industry has strenuously fought legislative proposals to change the law to allow judges to alter the terms of a mortgage, including writing down the principal owed — a process known as a "cramdown."
Contrary to widely-held belief, bankruptcy doesn't necessarily leave the filer without access to credit.
"I hear that every day from people coming to my office: 'I thought it takes seven years to rebuild your credit,'" said Michael Fakhoury, a bankruptcy attorney in Poughkeepsie, N.Y. "It's not true."
Credit card offers
Though the record of a filing typically remains on your credit report for seven years, many filers begin getting credit card offers within a year or two after the process is completed.
Personal bankruptcy takes two forms. In a so-called Chapter 13 bankruptcy, debts are consolidated and a payment plan is arranged — typically over three to five years. This process allows you to retain assets like a house or car and some savings (the rules vary somewhat state to state). Chapter 13 is required for those whose income falls above a "means test." Once you've filed, you're not allowed to file Chapter 13 again for another two years.
A Chapter 7 bankruptcy discharges most forms of debt — usually within six months. To qualify, you have to be current on secured debt payments such as a mortgage.Some debts, including student loans, alimony or child support, can't be discharged. With Chapter 7, you can't file again for eight years.
Once the process is complete, credit card companies will likely come calling again within a year or two offering credit, according to Fakoury.
Advertise | AdChoicesAdvertise | AdChoicesAdvertise | AdChoices"They know that you don't have any more debt — you just got rid of all your debt," he said. "So you're a good credit risk."
Opening new accounts and establishing a solid record of timely payments will help improve your chances of getting more credit, according to Ulzheimer.
"The most predictive item on your credit report is the item that's less than 24 months old," he said. "So if you can start populating your credit reports with good things, you're going to accelerate your score improvement much more aggressively than if you just sat there and waited for your score to improve as you put time between yourself and the bankruptcy filing."
Getting a mortgage after a bankruptcy filing is a little tougher, largely because underwriting guidelines have tightened for all borrowers since the housing bust. To qualify for a so-called "conforming" loan backed by government mortgage sponsors Fannie Mae or Freddie Mac, you'll need to wait four years after a bankruptcy filing.
But you'll be ineligible for seven years after a foreclosure — another reason it might make more sense for some homeowners to file for bankruptcy rather than wait for a foreclosure.
For an FHA-backed mortgage, you may be able to qualify within three years of a foreclosure, or two years after completing a bankruptcy. For Chapter 7, the clock on FHA eligibility starts when your discharge is complete, usually within six months of the filing. For a Chapter 13, you'll have to wait two years after the payment plan is completed, usually three to five years.
Lenders are also going to want to know why you ended up in bankruptcy court, according to Chad Smith, senior vice president of sales at Lending Tree, a mortgage lender.
"Most underwriters are going to want to know what happened in a detailed letter of explanation," he said. "If it’s a life event, that's going to be reflected differently than if it's excessive spending."
Filling for bankruptcy won't guarantee you'll be able to save your home. For some homeowners, the financial hole is just too deep.
"That is a very hard talk to have with them — explaining that no matter what I try to do they won't be able to sustain their residence," said Price. "For some clients that is a very tough thing to accept."
Wednesday, March 2, 2011
Calif. distressed homes sell at 39% discount. OC Register
Source: http://www.ocregister.com/articles/sell-290148-foreclosure-homes.html?source=patrick.net#ArticleHeader
According to RealtyTrac, there were 211,839 foreclosure-related sales in 2010 in California – a third-party sale of a distressed property that occurs while the property is actively in some stage of foreclosure, from default to bank-owned.
According to the Irvine-based foreclosure tracking firm’s year-end study:
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The state’s 2010 foreclosure-related selling pace was 42% below 2009 and 30% below 2008. Nationally, foreclosure sales were 31% below 2009 and 14% less than 2008′s pace.
California foreclosure sales accounted for 44 percent of all sales in 2010, the third highest of any state but also down from a peak of 57 percent in 2009. Fourth quarter foreclosure sales in California accounted for 45 percent of all sales, up from 40 percent in the third quarter. foreclosure homes accounted for nearly 26 percent of all U.S. residential sales during the year, down from 29 percent of all sales in 2009 but up from 23 percent of all sales in 2008.
The average selling price of a California foreclosure-related home was $251,693 – that is a 39% “foreclosure discount,” the percentage difference between average sales price of foreclosure sales vs. average sales price of non-foreclosure sales. Nationally, the foreclosure discount was 28%
These discounts in California ranged in 2010 from 46% for bank-owned properties to 29% for homes sold before lenders seized a property. National foreclosure discount was 36% for bank-owned homes and 15% for homes sold before lenders seized a property.
RealtyTrac notes: “Foreclosures continue to represent a substantial percentage of all U.S. residential sales and continue to sell at an average sales price that is significantly below the average sales price of properties not in foreclosure — the result of a bloated supply of foreclosures and weak demand from homebuyers. The catch-22 for 2011 is that while accelerating foreclosure sales will help clear the oversupply of distressed properties and return balance to the market in the long run, in the short term a high percentage of foreclosure sales will continue to weigh down home prices.”
According to RealtyTrac, there were 211,839 foreclosure-related sales in 2010 in California – a third-party sale of a distressed property that occurs while the property is actively in some stage of foreclosure, from default to bank-owned.
According to the Irvine-based foreclosure tracking firm’s year-end study:
ADVERTISEMENT More from Business
Laguna home has lots of house for price
Hippie Chipotle-style burrito chain lands in O.C.
Is 6.7% unemployment the new normal?
The state’s 2010 foreclosure-related selling pace was 42% below 2009 and 30% below 2008. Nationally, foreclosure sales were 31% below 2009 and 14% less than 2008′s pace.
California foreclosure sales accounted for 44 percent of all sales in 2010, the third highest of any state but also down from a peak of 57 percent in 2009. Fourth quarter foreclosure sales in California accounted for 45 percent of all sales, up from 40 percent in the third quarter. foreclosure homes accounted for nearly 26 percent of all U.S. residential sales during the year, down from 29 percent of all sales in 2009 but up from 23 percent of all sales in 2008.
The average selling price of a California foreclosure-related home was $251,693 – that is a 39% “foreclosure discount,” the percentage difference between average sales price of foreclosure sales vs. average sales price of non-foreclosure sales. Nationally, the foreclosure discount was 28%
These discounts in California ranged in 2010 from 46% for bank-owned properties to 29% for homes sold before lenders seized a property. National foreclosure discount was 36% for bank-owned homes and 15% for homes sold before lenders seized a property.
RealtyTrac notes: “Foreclosures continue to represent a substantial percentage of all U.S. residential sales and continue to sell at an average sales price that is significantly below the average sales price of properties not in foreclosure — the result of a bloated supply of foreclosures and weak demand from homebuyers. The catch-22 for 2011 is that while accelerating foreclosure sales will help clear the oversupply of distressed properties and return balance to the market in the long run, in the short term a high percentage of foreclosure sales will continue to weigh down home prices.”
DataQuick: San Diego foreclosures up 34% in January
From The San Diego Union Tribune: http://www.signonsandiego.com/news/2011/feb/23/dataquick-san-diego-county-foreclosures-34-january/?source=patrick.net#
Foreclosures and mortgage defaults in San Diego County both increased in January, after three consecutive months of drops, Wednesday's DataQuick Information Systems numbers show. The upticks could signal an incoming wave of distressed properties coming onto the market in coming months, experts said.
Foreclosures rose to 959 in January from 715 in December, a 34 percent increase, the largest monthly jump since December 2009. Year-over-year, foreclosures fell from 986 in January 2010, or 2.7 percent.
There were 1,548 mortgage defaults in January, up slightly from 1522 in December, or 1.7 percent. Year-over-year, that number is down from 1,741 in January 2010, or 11.1 percent.
DataQuick spokesman Andrew LePage said the monthly jump in foreclosures could partly be due to "a little catch-up" after some banks froze foreclosure activity following discoveries of robo-signing, the practice of approving loan paperwork without proper review.
LePage added that monthly fluctuations in both data sets are normal given factors such as the role of government mortgage programs, lender log-jams and new housing laws, he said.
"We don't expect any smooth trend lines going forward," LePage said. But there's "more catch-up to come," he said.
Bob Kevane, president of the San Diego Association of Realtors, agrees more foreclosures are in the pipeline.
He's heard local lenders saying they plan to stop delays in foreclosure processes and complete more of them this year, leading him to believe foreclosures will increase at the rate seen last month.
In DataQuick's previous report in December, foreclosures and default notices in the county fell to their lowest levels in three years. However, industry experts warned not to read too much into that, given the expectations of a shadow inventory of distressed homes and an increase in short sales.
Lily Leung: (619)293-1719; lily.leung@uniontrib.com; Twitter @LilyShumLeung
Foreclosures and mortgage defaults in San Diego County both increased in January, after three consecutive months of drops, Wednesday's DataQuick Information Systems numbers show. The upticks could signal an incoming wave of distressed properties coming onto the market in coming months, experts said.
Foreclosures rose to 959 in January from 715 in December, a 34 percent increase, the largest monthly jump since December 2009. Year-over-year, foreclosures fell from 986 in January 2010, or 2.7 percent.
There were 1,548 mortgage defaults in January, up slightly from 1522 in December, or 1.7 percent. Year-over-year, that number is down from 1,741 in January 2010, or 11.1 percent.
DataQuick spokesman Andrew LePage said the monthly jump in foreclosures could partly be due to "a little catch-up" after some banks froze foreclosure activity following discoveries of robo-signing, the practice of approving loan paperwork without proper review.
LePage added that monthly fluctuations in both data sets are normal given factors such as the role of government mortgage programs, lender log-jams and new housing laws, he said.
"We don't expect any smooth trend lines going forward," LePage said. But there's "more catch-up to come," he said.
Bob Kevane, president of the San Diego Association of Realtors, agrees more foreclosures are in the pipeline.
He's heard local lenders saying they plan to stop delays in foreclosure processes and complete more of them this year, leading him to believe foreclosures will increase at the rate seen last month.
In DataQuick's previous report in December, foreclosures and default notices in the county fell to their lowest levels in three years. However, industry experts warned not to read too much into that, given the expectations of a shadow inventory of distressed homes and an increase in short sales.
Lily Leung: (619)293-1719; lily.leung@uniontrib.com; Twitter @LilyShumLeung
Friday, February 4, 2011
Rich, Famous & In Foreclosure (Nickolas Cage, etc.)
Site: http://money.msn.com/home-loans/rich-famous-and-in-foreclosure-bankrate.aspx
Rich, famous . . . and in foreclosureStar status won't pay the mortgage -- and some celebrities have seen the foreclosure epidemic firsthand. Here are 5 who lost their homes.
Related topics: homes, home financing, foreclosure, property taxes, luxury
How does Nicolas Cage get behind on his mortgage payments? The same way other rich and famous people do.
"They've stretched themselves higher than they probably should have," says John Anderson, owner of Twin Oaks Realty in Minneapolis and a National Association of Realtors expert in foreclosures. Some couldn't keep up when the rates on their adjustable rate mortgages shot up, Anderson says. Price drops at the high end of the market were so steep that a sale wouldn't cover the debt. In other words, high-end homeowners face the same problems that plague the rest of us.
Buy a foreclosed home
Find the best home mortgage rates
Here are five of the biggest names on the of list homeowners falling to foreclosure. We've included a bit of info about the current markets where these stars once lived. -- you know, in case you'd like to hunt for a foreclosure deal in one of those tony neighborhoods.
Nicolas Cage
The star: He's an Academy Award-winning actor (for "Leaving Las Vegas"), nephew of multiple-Oscar-winning filmmaker Francis Ford Coppola and the former son-in-law of Elvis (he was briefly married to Lisa Presley).
The house: Make that "houses." In November 2009, Cage lost two New Orleans homes -- one in the French Quarter, the other in the Garden District -- worth a combined $6.8 million, according to a CNNMoney.com report. Cage was behind $5.5 million in mortgage payments, and he owed $151,730 in property taxes to the city of New Orleans. Regions Bank paid $4.5 million for the properties.
MSN Real Estate: Need a zero-down mortgage? Look outside the city
The market: One in 720 homes in Orleans Parish had foreclosure filings in November 2010, according to RealtyTrac. The average foreclosure sales price in the city was close to $110,000.
Erin Moran
The star: She's best known as Richie Cunningham's freckle-faced little sister Joanie on the 1970s sitcom "Happy Days" and co-star of the spinoff "Joanie Loves Chachi."
The house: Los Angeles County court records posted on the entertainment website TMZ.com show that Moran, also known by her married name Erin Fleishmann, owed $315,930 on the Palmdale, Calif., home. The Bank of New York Mellon Trust bought the house at auction for $291,150 in July 2010. According to TMZ, Moran stayed in the home after losing it to the bank and was evicted.
The market: Palmdale, just north of Los Angeles, posted foreclosure filings in November 2010 on one in 80 housing units. The average foreclosure sales price was around $154,000.
Lisa Wu-Hartwell
The star: Viewers of Bravo's "Real Housewives of Atlanta," may remember Wu-Hartwell from the first season as one of the network's touted "six fabulous women from Atlanta's social elite." Hubby Edgerton Hartwell, the former Oakland Raiders linebacker, made frequent appearances.
The house: According to court records posted on TMZ.com, the couple borrowed $2.9 million to buy their suburban mansion in June 2007. Just more than two years later, Bank of America paid $1.9 million for the house at a foreclosure sale at the Forsyth County, Ga., courthouse, after the Hartwells defaulted on their adjustable-rate mortgage.
Is it time to refinance?
The market: RealtyTrac reports there were foreclosure filings on one in 248 housing units in Forsyth County in November 2010. The average foreclosure sales price was around $210,000.
Lenny Dykstra
The star: Nicknamed "Nails," the former Major League Baseball pro was an outfielder for the Mets and the Phillies during the late 1980s and early 1990s. After filing for Chapter 11 bankruptcy in 2009, Dykstra -- in a move many found ironic -- started an online financial advisory firm in 2010 called Nails Investments.
The house: Dykstra bought the 6.5-acre property in Thousand Oaks, Calif., from hockey pro Wayne Gretzky for $18.5 million in 2007, according to the Los Angeles Times. He lost the house in a Ventura County foreclosure sale in November 2010 to a winning bid of $760,712, the newspaper reported. Dykstra owed about $12 million to JPMorgan Chase.
MSN Real Estate: Find a foreclosure
The market: One in 201 homes in Ventura County received a foreclosure filing in November 2010, according to RealtyTrac. The average foreclosure sales price was in the neighborhood of $382,000.
Veronica Hearst
The star: The name is Hearst's claim to fame. She's the widow of newspaper heir Randolph Hearst and stepmother of Patricia Hearst, who was kidnapped by left-wing guerrillas in 1974.
The house: Located Manalapan, Fla., near Palm Beach, the Villa Venezia was originally built for the great-grandson of railroad tycoon Cornelius Vanderbilt. According to The Palm Beach Post, the 52-room, 28,000-square-foot mansion sold to New Stream Capital for $22 million at a Palm Beach County auction in February 2008.
The market: One in 211 housing units in Palm Beach County received a foreclosure filing in November 2010, reports RealtyTrac. The average foreclosure sales price was about $137,000.
Rich, famous . . . and in foreclosureStar status won't pay the mortgage -- and some celebrities have seen the foreclosure epidemic firsthand. Here are 5 who lost their homes.
Related topics: homes, home financing, foreclosure, property taxes, luxury
How does Nicolas Cage get behind on his mortgage payments? The same way other rich and famous people do.
"They've stretched themselves higher than they probably should have," says John Anderson, owner of Twin Oaks Realty in Minneapolis and a National Association of Realtors expert in foreclosures. Some couldn't keep up when the rates on their adjustable rate mortgages shot up, Anderson says. Price drops at the high end of the market were so steep that a sale wouldn't cover the debt. In other words, high-end homeowners face the same problems that plague the rest of us.
Buy a foreclosed home
Find the best home mortgage rates
Here are five of the biggest names on the of list homeowners falling to foreclosure. We've included a bit of info about the current markets where these stars once lived. -- you know, in case you'd like to hunt for a foreclosure deal in one of those tony neighborhoods.
Nicolas Cage
The star: He's an Academy Award-winning actor (for "Leaving Las Vegas"), nephew of multiple-Oscar-winning filmmaker Francis Ford Coppola and the former son-in-law of Elvis (he was briefly married to Lisa Presley).
The house: Make that "houses." In November 2009, Cage lost two New Orleans homes -- one in the French Quarter, the other in the Garden District -- worth a combined $6.8 million, according to a CNNMoney.com report. Cage was behind $5.5 million in mortgage payments, and he owed $151,730 in property taxes to the city of New Orleans. Regions Bank paid $4.5 million for the properties.
MSN Real Estate: Need a zero-down mortgage? Look outside the city
The market: One in 720 homes in Orleans Parish had foreclosure filings in November 2010, according to RealtyTrac. The average foreclosure sales price in the city was close to $110,000.
Erin Moran
The star: She's best known as Richie Cunningham's freckle-faced little sister Joanie on the 1970s sitcom "Happy Days" and co-star of the spinoff "Joanie Loves Chachi."
The house: Los Angeles County court records posted on the entertainment website TMZ.com show that Moran, also known by her married name Erin Fleishmann, owed $315,930 on the Palmdale, Calif., home. The Bank of New York Mellon Trust bought the house at auction for $291,150 in July 2010. According to TMZ, Moran stayed in the home after losing it to the bank and was evicted.
The market: Palmdale, just north of Los Angeles, posted foreclosure filings in November 2010 on one in 80 housing units. The average foreclosure sales price was around $154,000.
Lisa Wu-Hartwell
The star: Viewers of Bravo's "Real Housewives of Atlanta," may remember Wu-Hartwell from the first season as one of the network's touted "six fabulous women from Atlanta's social elite." Hubby Edgerton Hartwell, the former Oakland Raiders linebacker, made frequent appearances.
The house: According to court records posted on TMZ.com, the couple borrowed $2.9 million to buy their suburban mansion in June 2007. Just more than two years later, Bank of America paid $1.9 million for the house at a foreclosure sale at the Forsyth County, Ga., courthouse, after the Hartwells defaulted on their adjustable-rate mortgage.
Is it time to refinance?
The market: RealtyTrac reports there were foreclosure filings on one in 248 housing units in Forsyth County in November 2010. The average foreclosure sales price was around $210,000.
Lenny Dykstra
The star: Nicknamed "Nails," the former Major League Baseball pro was an outfielder for the Mets and the Phillies during the late 1980s and early 1990s. After filing for Chapter 11 bankruptcy in 2009, Dykstra -- in a move many found ironic -- started an online financial advisory firm in 2010 called Nails Investments.
The house: Dykstra bought the 6.5-acre property in Thousand Oaks, Calif., from hockey pro Wayne Gretzky for $18.5 million in 2007, according to the Los Angeles Times. He lost the house in a Ventura County foreclosure sale in November 2010 to a winning bid of $760,712, the newspaper reported. Dykstra owed about $12 million to JPMorgan Chase.
MSN Real Estate: Find a foreclosure
The market: One in 201 homes in Ventura County received a foreclosure filing in November 2010, according to RealtyTrac. The average foreclosure sales price was in the neighborhood of $382,000.
Veronica Hearst
The star: The name is Hearst's claim to fame. She's the widow of newspaper heir Randolph Hearst and stepmother of Patricia Hearst, who was kidnapped by left-wing guerrillas in 1974.
The house: Located Manalapan, Fla., near Palm Beach, the Villa Venezia was originally built for the great-grandson of railroad tycoon Cornelius Vanderbilt. According to The Palm Beach Post, the 52-room, 28,000-square-foot mansion sold to New Stream Capital for $22 million at a Palm Beach County auction in February 2008.
The market: One in 211 housing units in Palm Beach County received a foreclosure filing in November 2010, reports RealtyTrac. The average foreclosure sales price was about $137,000.
Thursday, January 13, 2011
Banks repossess 1 million homes in 2010
With foreclosures rising, bankruptcies will too. If you are facing foreclosure, a san diego bankruptcy attorney can stop the foreclosure immediately, eliminate your debt and protect your assets. Credit counseling and loan modifications don't stop a foreclosure. If you have questions, contact a San Diego Bankruptcy Lawyer at the San Diego Bankruptcy Law Firm. 619-260-1800.
Click this link to view the article: http://www.cbs8.com/Global/story.asp?S=13837459
NEW YORK (AP) — The bleakest year in the foreclosure crisis has only just begun.
Lenders are poised to take back more homes this year than any other since the U.S. housing meltdown began in 2006. About 5 million borrowers are at least two months behind on their mortgages and more will miss payments as they struggle with job losses and loans worth more than their home's value, industry analysts forecast.
"2011 is going to be the peak," said Rick Sharga, a senior vice president at foreclosure tracker RealtyTrac Inc. The firm predicts 1.2 million homes will be repossessed this year by lenders.
The outlook comes after banks repossessed more than 1 million homes in 2010, RealtyTrac said Thursday. That marked the highest annual tally of properties lost to foreclosure on records dating back to 2005.
One in 45 U.S. households received a foreclosure filing last year, or a record high of 2.9 million homes. That's up 1.67 percent from 2009.
For December, 257,747 U.S. homes received at least one foreclosure-related notice. That was the lowest monthly total in 30 months. The number of notices fell 1.8 percent from November and 26.3 percent from December 2009, RealtyTrac said.
The pace slowed in the final two months of 2010 as banks reviewed their foreclosure processes after allegations surfaced in September that evictions were handled improperly. Under increased scrutiny by the government, lenders temporarily halted taking actions against borrowers severely behind on their payments.
However, most banks have since resumed their eviction processes, and the first quarter will likely show a rebound in foreclosure activity, Sharga said.
Foreclosures are expected to remain elevated through the year as homeowners contend with stubbornly high unemployment, tougher credit standards for refinancing and falling home values. Sharga said he expects prices to dip another 5 percent nationally before finally bottoming out. The decline will push more borrowers underwater on their mortgages. Already, about one in five homeowners with a mortgage owe more than their home is worth.
The pain likely will be the most acute in states that have already been hit hard. That includes former housing boom states Nevada, Arizona, Florida and California, along with states that are suffering most from the economic downturn, including Michigan and Illinois.
Nevada posted the highest foreclosure rate in 2010 for the fourth straight year, despite a 5 percent decline in activity from the year before. One in every 11 households received a foreclosure filing last year in the state. In December, foreclosure activity increased 18 percent from November with a 71 percent spike in bank repossessions.
Arizona and California also showed sharp December increases in the number of homes banks took back, at 52 percent and 47 percent, respectively. Arizona, along with Florida, finished the year at No. 2 and No. 3 for the highest foreclosure rates.
One in every 17 Arizona households got a foreclosure filing last year, while one in 18 received a notice in Florida.
California, Utah, Georgia, Michigan, Idaho, Illinois and Colorado rounded out the top ten states with the highest foreclosure rates.
More than half of the country's foreclosure activity came out of five states in 2010: California, Florida, Arizona, Illinois and Michigan. Together, these states recorded almost 1.5 million households receiving a filing, despite year-over-year decreases in California, Florida and Arizona.
RealtyTrac tracks notices for defaults, scheduled home auctions and home repossessions — warnings that can lead up to a home eventually being lost to foreclosure.
Copyright 2011 The Associated Press.
NEW YORK (AP) — The bleakest year in the foreclosure crisis has only just begun.
Lenders are poised to take back more homes this year than any other since the U.S. housing meltdown began in 2006. About 5 million borrowers are at least two months behind on their mortgages and more will miss payments as they struggle with job losses and loans worth more than their home's value, industry analysts forecast.
"2011 is going to be the peak," said Rick Sharga, a senior vice president at foreclosure tracker RealtyTrac Inc. The firm predicts 1.2 million homes will be repossessed this year by lenders.
The outlook comes after banks repossessed more than 1 million homes in 2010, RealtyTrac said Thursday. That marked the highest annual tally of properties lost to foreclosure on records dating back to 2005.
One in 45 U.S. households received a foreclosure filing last year, or a record high of 2.9 million homes. That's up 1.67 percent from 2009.
For December, 257,747 U.S. homes received at least one foreclosure-related notice. That was the lowest monthly total in 30 months. The number of notices fell 1.8 percent from November and 26.3 percent from December 2009, RealtyTrac said.
The pace slowed in the final two months of 2010 as banks reviewed their foreclosure processes after allegations surfaced in September that evictions were handled improperly. Under increased scrutiny by the government, lenders temporarily halted taking actions against borrowers severely behind on their payments.
However, most banks have since resumed their eviction processes, and the first quarter will likely show a rebound in foreclosure activity, Sharga said.
Foreclosures are expected to remain elevated through the year as homeowners contend with stubbornly high unemployment, tougher credit standards for refinancing and falling home values. Sharga said he expects prices to dip another 5 percent nationally before finally bottoming out. The decline will push more borrowers underwater on their mortgages. Already, about one in five homeowners with a mortgage owe more than their home is worth.
The pain likely will be the most acute in states that have already been hit hard. That includes former housing boom states Nevada, Arizona, Florida and California, along with states that are suffering most from the economic downturn, including Michigan and Illinois.
Nevada posted the highest foreclosure rate in 2010 for the fourth straight year, despite a 5 percent decline in activity from the year before. One in every 11 households received a foreclosure filing last year in the state. In December, foreclosure activity increased 18 percent from November with a 71 percent spike in bank repossessions.
Arizona and California also showed sharp December increases in the number of homes banks took back, at 52 percent and 47 percent, respectively. Arizona, along with Florida, finished the year at No. 2 and No. 3 for the highest foreclosure rates.
One in every 17 Arizona households got a foreclosure filing last year, while one in 18 received a notice in Florida.
California, Utah, Georgia, Michigan, Idaho, Illinois and Colorado rounded out the top ten states with the highest foreclosure rates.
More than half of the country's foreclosure activity came out of five states in 2010: California, Florida, Arizona, Illinois and Michigan. Together, these states recorded almost 1.5 million households receiving a filing, despite year-over-year decreases in California, Florida and Arizona.
RealtyTrac tracks notices for defaults, scheduled home auctions and home repossessions — warnings that can lead up to a home eventually being lost to foreclosure.
Copyright 2011 The Associated Press.
Click this link to view the article: http://www.cbs8.com/Global/story.asp?S=13837459
NEW YORK (AP) — The bleakest year in the foreclosure crisis has only just begun.
Lenders are poised to take back more homes this year than any other since the U.S. housing meltdown began in 2006. About 5 million borrowers are at least two months behind on their mortgages and more will miss payments as they struggle with job losses and loans worth more than their home's value, industry analysts forecast.
"2011 is going to be the peak," said Rick Sharga, a senior vice president at foreclosure tracker RealtyTrac Inc. The firm predicts 1.2 million homes will be repossessed this year by lenders.
The outlook comes after banks repossessed more than 1 million homes in 2010, RealtyTrac said Thursday. That marked the highest annual tally of properties lost to foreclosure on records dating back to 2005.
One in 45 U.S. households received a foreclosure filing last year, or a record high of 2.9 million homes. That's up 1.67 percent from 2009.
For December, 257,747 U.S. homes received at least one foreclosure-related notice. That was the lowest monthly total in 30 months. The number of notices fell 1.8 percent from November and 26.3 percent from December 2009, RealtyTrac said.
The pace slowed in the final two months of 2010 as banks reviewed their foreclosure processes after allegations surfaced in September that evictions were handled improperly. Under increased scrutiny by the government, lenders temporarily halted taking actions against borrowers severely behind on their payments.
However, most banks have since resumed their eviction processes, and the first quarter will likely show a rebound in foreclosure activity, Sharga said.
Foreclosures are expected to remain elevated through the year as homeowners contend with stubbornly high unemployment, tougher credit standards for refinancing and falling home values. Sharga said he expects prices to dip another 5 percent nationally before finally bottoming out. The decline will push more borrowers underwater on their mortgages. Already, about one in five homeowners with a mortgage owe more than their home is worth.
The pain likely will be the most acute in states that have already been hit hard. That includes former housing boom states Nevada, Arizona, Florida and California, along with states that are suffering most from the economic downturn, including Michigan and Illinois.
Nevada posted the highest foreclosure rate in 2010 for the fourth straight year, despite a 5 percent decline in activity from the year before. One in every 11 households received a foreclosure filing last year in the state. In December, foreclosure activity increased 18 percent from November with a 71 percent spike in bank repossessions.
Arizona and California also showed sharp December increases in the number of homes banks took back, at 52 percent and 47 percent, respectively. Arizona, along with Florida, finished the year at No. 2 and No. 3 for the highest foreclosure rates.
One in every 17 Arizona households got a foreclosure filing last year, while one in 18 received a notice in Florida.
California, Utah, Georgia, Michigan, Idaho, Illinois and Colorado rounded out the top ten states with the highest foreclosure rates.
More than half of the country's foreclosure activity came out of five states in 2010: California, Florida, Arizona, Illinois and Michigan. Together, these states recorded almost 1.5 million households receiving a filing, despite year-over-year decreases in California, Florida and Arizona.
RealtyTrac tracks notices for defaults, scheduled home auctions and home repossessions — warnings that can lead up to a home eventually being lost to foreclosure.
Copyright 2011 The Associated Press.
NEW YORK (AP) — The bleakest year in the foreclosure crisis has only just begun.
Lenders are poised to take back more homes this year than any other since the U.S. housing meltdown began in 2006. About 5 million borrowers are at least two months behind on their mortgages and more will miss payments as they struggle with job losses and loans worth more than their home's value, industry analysts forecast.
"2011 is going to be the peak," said Rick Sharga, a senior vice president at foreclosure tracker RealtyTrac Inc. The firm predicts 1.2 million homes will be repossessed this year by lenders.
The outlook comes after banks repossessed more than 1 million homes in 2010, RealtyTrac said Thursday. That marked the highest annual tally of properties lost to foreclosure on records dating back to 2005.
One in 45 U.S. households received a foreclosure filing last year, or a record high of 2.9 million homes. That's up 1.67 percent from 2009.
For December, 257,747 U.S. homes received at least one foreclosure-related notice. That was the lowest monthly total in 30 months. The number of notices fell 1.8 percent from November and 26.3 percent from December 2009, RealtyTrac said.
The pace slowed in the final two months of 2010 as banks reviewed their foreclosure processes after allegations surfaced in September that evictions were handled improperly. Under increased scrutiny by the government, lenders temporarily halted taking actions against borrowers severely behind on their payments.
However, most banks have since resumed their eviction processes, and the first quarter will likely show a rebound in foreclosure activity, Sharga said.
Foreclosures are expected to remain elevated through the year as homeowners contend with stubbornly high unemployment, tougher credit standards for refinancing and falling home values. Sharga said he expects prices to dip another 5 percent nationally before finally bottoming out. The decline will push more borrowers underwater on their mortgages. Already, about one in five homeowners with a mortgage owe more than their home is worth.
The pain likely will be the most acute in states that have already been hit hard. That includes former housing boom states Nevada, Arizona, Florida and California, along with states that are suffering most from the economic downturn, including Michigan and Illinois.
Nevada posted the highest foreclosure rate in 2010 for the fourth straight year, despite a 5 percent decline in activity from the year before. One in every 11 households received a foreclosure filing last year in the state. In December, foreclosure activity increased 18 percent from November with a 71 percent spike in bank repossessions.
Arizona and California also showed sharp December increases in the number of homes banks took back, at 52 percent and 47 percent, respectively. Arizona, along with Florida, finished the year at No. 2 and No. 3 for the highest foreclosure rates.
One in every 17 Arizona households got a foreclosure filing last year, while one in 18 received a notice in Florida.
California, Utah, Georgia, Michigan, Idaho, Illinois and Colorado rounded out the top ten states with the highest foreclosure rates.
More than half of the country's foreclosure activity came out of five states in 2010: California, Florida, Arizona, Illinois and Michigan. Together, these states recorded almost 1.5 million households receiving a filing, despite year-over-year decreases in California, Florida and Arizona.
RealtyTrac tracks notices for defaults, scheduled home auctions and home repossessions — warnings that can lead up to a home eventually being lost to foreclosure.
Copyright 2011 The Associated Press.
Thursday, October 28, 2010
Rebuilding Your Credit after Bankruptcy
Here is a great article I found on MSN Money
Make sure to read it at: http://articles.moneycentral.msn.com/Banking/BankruptcyGuide/BounceBackFastAfterBankruptcy.aspx?page=all
Bounce back fast after bankruptcy
Carefully rebuild your credit, and you could qualify for almost normal rates, even a mortgage, in a year or two. Here's what you need to do.
By Liz Pulliam Weston
Almost anyone can get credit soon after a bankruptcy. It's just a matter of knowing how.
It's true that bankruptcy deals a devastating blow to your credit and your credit score, the three-digit number lenders use to gauge your creditworthiness. But the effects don't have to be lasting.
Long before the bankruptcy drops off your credit report, you could be qualifying for loans with good rates and terms.
Nothing is forever
Ken from Chicago filed Chapter 7 liquidation after unemployment and overspending caused him to rack up more than $20,000 in credit card and other unsecured debt. Four years later, his credit scores ranged from 655 to 719, decent numbers that are just below the cutoff to get most lenders' very best rates.
"I . . . applied for a secured credit card (usually reserved for people with troubled credit) and was informed that I qualified for an unsecured card -- a possibility I hadn't even considered," Ken said. "While I am going to be very careful with my new credit (card), I am heartened that creditors consider me an acceptable risk."If you're recently bankrupted, here are two things you need to keep in mind:
Nothing in credit is "forever." A bankruptcy legally can remain on your credit report for up to 10 years, but its effect on your credit score can start to diminish the day your case is closed -- if you adopt responsible credit habits such as paying your bills on time, using only a small portion of your available credit and not applying for too much credit at once.
You have to get and use credit to build your credit score. Living on a cash-only basis may be a smart choice for those who really can't handle credit. But if you want to rebuild your credit score, you can't sit on the sidelines.
Learn from your mistakes
Although repeat bankrupts show that getting credit after a Chapter 7 or 13 filing is possible, you shouldn't want to emulate those who file more than once.
At first glance, people who file more than one bankruptcy seem to be beating the system: They run up big bills and then walk away.
Video on MSN Money
Video: How's your credit?
Where to go to get free reports -- and how to interpret them when you've got one.Think about it a little more, though, and you'll see these multiple bankrupts are really defeating themselves. Their debts and credit history often mean they're paying out big bucks in high interest payments during the time when they're prohibited from filing another bankruptcy. (The 2005 bankruptcy law provides that, under Chapter 7, eight years must elapse before you can refile. If you go for Chapter 13 after a Chapter 7, you must wait four years. Going from one Chapter 13 to another, two years must elapse.)
And most people can't file for Chapter 7 liquidation if they have significant assets to protect, such as home equity or savings. So these folks who are repeatedly going broke often have little to show for all the money that's leaving their pockets. Instead of building wealth over time, they're losing ground.
Instead, use your bankruptcy as a wake-up call to figure out what's wrong with your finances and fix it.
If your problem was overspending, you'll find plenty of information on this site about creating and sticking to a budget (see "Your 5 minute guide to budgeting").
If you didn't have enough savings to survive a job loss or other setback, get serious about establishing an emergency fund.
If you were sunk by medical bills, seek a job with insurance coverage or check to see if your state offers coverage.
Clean up your credit report
One common problem people emerging from bankruptcy often face is that credit reports frequently show accounts as open and overdue -- when in fact they were closed and the obligations wiped out as part of the bankruptcy.
If you encounter this, you need to contact the credit bureaus and insist that those accounts be properly reported as "included in bankruptcy." It's the only way your credit can recover.
If you have other serious mistakes on your credit report, those need to be corrected as well. Your credit score is based on information in your credit report, so errors on your report can seriously dampen your score.
Get a secured credit card
You need two types of credit to quickly rebuild your credit score:
Installment: auto loans, student loans or mortgages
Revolving: credit cards or home equity lines of credit
Continued: Light credit card use builds credit
Most recent bankrupts have trouble qualifying for a regular, unsecured credit card. So the best solution usually is a secured card, which generally gives you a credit limit that's equal to an amount you deposit at the issuing bank.
Typically, that's $200 to $500, which may seem like a pittance compared with the credit limits you enjoyed before your bankruptcy. But don't make the mistake of using your available credit. Maxing out your credit cards hurts your credit score.
You don't want to charge more than 30% or so of your credit limit, and you want to pay the balance off in full each month. Light, regular use of a credit card is what helps build your credit.
And contrary to what you might have heard, you typically don't need to carry a balance or pay credit card interest to build your score, since the leading credit scoring formula doesn't distinguish between balances that are paid off and balances that are carried month to month. Get in the habit now of not charging more than you can pay off every month; your credit score and your finances will be the better for it.
You also shouldn't grab just any secured card. Look for the following:
No application fee and reasonable annual fee. Some secured cards tack huge upfront and annual charges onto their accounts; you don't need to pay these to build your credit.
Reports to the major credit bureaus. You're not doing your credit score any good unless your payment history is being reported to the three major bureaus: Equifax, Experian and TransUnion. Before you apply for a card, call and ask if the issuer regularly reports to all three.
Converts to an unsecured card after 12-18 months of on-time payments. Good behavior should get you upgraded to a regular credit card within a year or two.
Get an installment loan
If you still have student loans (which typically aren't dischargeable in bankruptcy), you can use them to rebuild your score. Make your payments on time, all the time, and try to pay more than you owe whenever possible. Next to making on-time payments, paying down your existing debt is one of the best ways to improve your credit score.
Ken of Chicago took this to heart, making double or triple the minimum payments required to retire his $23,500 student loan debt within three years of his bankruptcy filing.
"The fact that I had to repay my student loans (rather than having them discharged) might have helped me in the long run," he said.
It's unlikely in the current credit climate, but you may be able to qualify for a high-rate mortgage as little as six months after a bankruptcy. You're probably better off waiting until you can qualify for an FHA loan, though. You can typically get one just two years after your bankruptcy case has closed, as long as you've maintained good credit habits since then. FHA loans have interest rates that are usually only half a percentage point higher than regular mortgage rates.
Just make sure you really can afford a home before you buy one. Many people wind up in bankruptcy court because they stretched too far to buy a house and can't keep up with all the attendant costs of homeownership, said bankruptcy expert Elizabeth Warren of Harvard University. (See "Don't bite off too much house" for more details.)
Video on MSN Money
Video: How's your credit?
Where to go to get free reports -- and how to interpret them when you've got one.Auto loans can also help you rebuild your credit -- just be prepared to pay nose-bleeding rates at first.
"My first vehicle out of bankruptcy (had an interest rate of) 21%," said Chance Nelson of Indianapolis, who applied for the loan just a few months after his debts were discharged. "After paying this for about two years, I went and traded it in and purchased another (at) 13.99%."
Nelson refinanced this second loan a year later at 7.95%. Five years after his bankruptcy filing, Nelson was paying a reasonable 6% rate for his auto loan.
If you go this route, try to make a big down payment and choose a loan that doesn't have a prepayment penalty. That way, you can refinance the car to a lower interest rate as your credit improves.
Liz Pulliam Weston's latest book, "Easy Money: How to Simplify Your Finances and Get What You Want Out of Life," is now available. Columns by Weston, the Web's most-read personal-finance writer and winner of the 2007 Clarion Award for online journalism, appear every Monday and Thursday, exclusively on MSN Money. She also answers reader questions on the Your Money message board.
Make sure to read it at: http://articles.moneycentral.msn.com/Banking/BankruptcyGuide/BounceBackFastAfterBankruptcy.aspx?page=all
Bounce back fast after bankruptcy
Carefully rebuild your credit, and you could qualify for almost normal rates, even a mortgage, in a year or two. Here's what you need to do.
By Liz Pulliam Weston
Almost anyone can get credit soon after a bankruptcy. It's just a matter of knowing how.
It's true that bankruptcy deals a devastating blow to your credit and your credit score, the three-digit number lenders use to gauge your creditworthiness. But the effects don't have to be lasting.
Long before the bankruptcy drops off your credit report, you could be qualifying for loans with good rates and terms.
Nothing is forever
Ken from Chicago filed Chapter 7 liquidation after unemployment and overspending caused him to rack up more than $20,000 in credit card and other unsecured debt. Four years later, his credit scores ranged from 655 to 719, decent numbers that are just below the cutoff to get most lenders' very best rates.
"I . . . applied for a secured credit card (usually reserved for people with troubled credit) and was informed that I qualified for an unsecured card -- a possibility I hadn't even considered," Ken said. "While I am going to be very careful with my new credit (card), I am heartened that creditors consider me an acceptable risk."If you're recently bankrupted, here are two things you need to keep in mind:
Nothing in credit is "forever." A bankruptcy legally can remain on your credit report for up to 10 years, but its effect on your credit score can start to diminish the day your case is closed -- if you adopt responsible credit habits such as paying your bills on time, using only a small portion of your available credit and not applying for too much credit at once.
You have to get and use credit to build your credit score. Living on a cash-only basis may be a smart choice for those who really can't handle credit. But if you want to rebuild your credit score, you can't sit on the sidelines.
Learn from your mistakes
Although repeat bankrupts show that getting credit after a Chapter 7 or 13 filing is possible, you shouldn't want to emulate those who file more than once.
At first glance, people who file more than one bankruptcy seem to be beating the system: They run up big bills and then walk away.
Video on MSN Money
Video: How's your credit?
Where to go to get free reports -- and how to interpret them when you've got one.Think about it a little more, though, and you'll see these multiple bankrupts are really defeating themselves. Their debts and credit history often mean they're paying out big bucks in high interest payments during the time when they're prohibited from filing another bankruptcy. (The 2005 bankruptcy law provides that, under Chapter 7, eight years must elapse before you can refile. If you go for Chapter 13 after a Chapter 7, you must wait four years. Going from one Chapter 13 to another, two years must elapse.)
And most people can't file for Chapter 7 liquidation if they have significant assets to protect, such as home equity or savings. So these folks who are repeatedly going broke often have little to show for all the money that's leaving their pockets. Instead of building wealth over time, they're losing ground.
Instead, use your bankruptcy as a wake-up call to figure out what's wrong with your finances and fix it.
If your problem was overspending, you'll find plenty of information on this site about creating and sticking to a budget (see "Your 5 minute guide to budgeting").
If you didn't have enough savings to survive a job loss or other setback, get serious about establishing an emergency fund.
If you were sunk by medical bills, seek a job with insurance coverage or check to see if your state offers coverage.
Clean up your credit report
One common problem people emerging from bankruptcy often face is that credit reports frequently show accounts as open and overdue -- when in fact they were closed and the obligations wiped out as part of the bankruptcy.
If you encounter this, you need to contact the credit bureaus and insist that those accounts be properly reported as "included in bankruptcy." It's the only way your credit can recover.
If you have other serious mistakes on your credit report, those need to be corrected as well. Your credit score is based on information in your credit report, so errors on your report can seriously dampen your score.
Get a secured credit card
You need two types of credit to quickly rebuild your credit score:
Installment: auto loans, student loans or mortgages
Revolving: credit cards or home equity lines of credit
Continued: Light credit card use builds credit
Most recent bankrupts have trouble qualifying for a regular, unsecured credit card. So the best solution usually is a secured card, which generally gives you a credit limit that's equal to an amount you deposit at the issuing bank.
Typically, that's $200 to $500, which may seem like a pittance compared with the credit limits you enjoyed before your bankruptcy. But don't make the mistake of using your available credit. Maxing out your credit cards hurts your credit score.
You don't want to charge more than 30% or so of your credit limit, and you want to pay the balance off in full each month. Light, regular use of a credit card is what helps build your credit.
And contrary to what you might have heard, you typically don't need to carry a balance or pay credit card interest to build your score, since the leading credit scoring formula doesn't distinguish between balances that are paid off and balances that are carried month to month. Get in the habit now of not charging more than you can pay off every month; your credit score and your finances will be the better for it.
You also shouldn't grab just any secured card. Look for the following:
No application fee and reasonable annual fee. Some secured cards tack huge upfront and annual charges onto their accounts; you don't need to pay these to build your credit.
Reports to the major credit bureaus. You're not doing your credit score any good unless your payment history is being reported to the three major bureaus: Equifax, Experian and TransUnion. Before you apply for a card, call and ask if the issuer regularly reports to all three.
Converts to an unsecured card after 12-18 months of on-time payments. Good behavior should get you upgraded to a regular credit card within a year or two.
Get an installment loan
If you still have student loans (which typically aren't dischargeable in bankruptcy), you can use them to rebuild your score. Make your payments on time, all the time, and try to pay more than you owe whenever possible. Next to making on-time payments, paying down your existing debt is one of the best ways to improve your credit score.
Ken of Chicago took this to heart, making double or triple the minimum payments required to retire his $23,500 student loan debt within three years of his bankruptcy filing.
"The fact that I had to repay my student loans (rather than having them discharged) might have helped me in the long run," he said.
It's unlikely in the current credit climate, but you may be able to qualify for a high-rate mortgage as little as six months after a bankruptcy. You're probably better off waiting until you can qualify for an FHA loan, though. You can typically get one just two years after your bankruptcy case has closed, as long as you've maintained good credit habits since then. FHA loans have interest rates that are usually only half a percentage point higher than regular mortgage rates.
Just make sure you really can afford a home before you buy one. Many people wind up in bankruptcy court because they stretched too far to buy a house and can't keep up with all the attendant costs of homeownership, said bankruptcy expert Elizabeth Warren of Harvard University. (See "Don't bite off too much house" for more details.)
Video on MSN Money
Video: How's your credit?
Where to go to get free reports -- and how to interpret them when you've got one.Auto loans can also help you rebuild your credit -- just be prepared to pay nose-bleeding rates at first.
"My first vehicle out of bankruptcy (had an interest rate of) 21%," said Chance Nelson of Indianapolis, who applied for the loan just a few months after his debts were discharged. "After paying this for about two years, I went and traded it in and purchased another (at) 13.99%."
Nelson refinanced this second loan a year later at 7.95%. Five years after his bankruptcy filing, Nelson was paying a reasonable 6% rate for his auto loan.
If you go this route, try to make a big down payment and choose a loan that doesn't have a prepayment penalty. That way, you can refinance the car to a lower interest rate as your credit improves.
Liz Pulliam Weston's latest book, "Easy Money: How to Simplify Your Finances and Get What You Want Out of Life," is now available. Columns by Weston, the Web's most-read personal-finance writer and winner of the 2007 Clarion Award for online journalism, appear every Monday and Thursday, exclusively on MSN Money. She also answers reader questions on the Your Money message board.
Wednesday, October 27, 2010
How to Avoid Bankruptcy with Debt Settlement, Debt Negotiation or Debt Relief
AVOID BANKRUPTCY WITH DEBT SETTLEMENT, DEBT NEGOTIATION, OR DEBT RELIEF
Debt settlement, debt negotiation and debt relief all mean the same thing. It is a process by which the debtor negotiates an agreement to pay a portion of the debt owed in exchange for relief from the remainder of the debt. If a credit card company or other creditor agrees to a debt settlement the rest of the debt is eliminated forever, avoiding Bankruptcy.
Most consumers have tried to negotiate a settlement on their own but have failed. Choosing to retain the San Diego Bankruptcy Law Firm to negotiate your debt relief can help protect your rights and will generally result in a better offer from the credit companies who know that they will receive nothing if you file for Bankruptcy.
The San Diego Bankruptcy Law Firm can you help you avoid bankruptcy and attempt to negotiate a debt settlement on your behalf.
What is Debt Settlement, Debt Negotiation or Debt Relief?
Debt Settlement, Debt Negotiation and Debt Relief all refer to the same thing it is the process of negotiation with creditors by a professional agency or law firm which results in having to payback only a percentage of the debt you owe while wiping out the rest of your debt.
How does a Debt Negotiation program work?
The San Diego Bankruptcy Law Firm and its team of attorneys will negotiate with your creditors. Typically, if a creditor cannot collect on the debt, they write it off as a loss on their taxes; however they may still pursue a law suit to recover their money. Therefore, it is in their best interest to negotiate or settle the debt for a fraction of what you owe, rather than receive nothing. Working with the San Diego Bankruptcy Law Firm can help protect your rights and in the event that a lawsuit is threatened or filed, we can help you pursue Bankruptcy as a last resort. Creditors may reach agreements to settle debt in order to recover a portion of monies they often would not of have been able to collect.
Will Debt Relief affect my credit?
This depends on your current situation. Typically, you must stop making your payments so that the Credit Card Company will negotiate your debt. Your credit may be adversely affected due to non-payment of existing debt that you wish to settle. In the process of reaching an agreement with your creditors, many items can be negotiated such as removing negative remarks. This depends on the creditor. However, once your Credit Card Debt has been settled you can begin to rebuild your credit.
How Much does it Cost?
Every case is different and the cost will depend upon how much you owe and how much we are able to save you. Contact us today to see if you qualify for debt settlement. We can be reached 24 hours a day at 619-260-1800 or 877-GOBK619.
Debt settlement, debt negotiation and debt relief all mean the same thing. It is a process by which the debtor negotiates an agreement to pay a portion of the debt owed in exchange for relief from the remainder of the debt. If a credit card company or other creditor agrees to a debt settlement the rest of the debt is eliminated forever, avoiding Bankruptcy.
Most consumers have tried to negotiate a settlement on their own but have failed. Choosing to retain the San Diego Bankruptcy Law Firm to negotiate your debt relief can help protect your rights and will generally result in a better offer from the credit companies who know that they will receive nothing if you file for Bankruptcy.
The San Diego Bankruptcy Law Firm can you help you avoid bankruptcy and attempt to negotiate a debt settlement on your behalf.
What is Debt Settlement, Debt Negotiation or Debt Relief?
Debt Settlement, Debt Negotiation and Debt Relief all refer to the same thing it is the process of negotiation with creditors by a professional agency or law firm which results in having to payback only a percentage of the debt you owe while wiping out the rest of your debt.
How does a Debt Negotiation program work?
The San Diego Bankruptcy Law Firm and its team of attorneys will negotiate with your creditors. Typically, if a creditor cannot collect on the debt, they write it off as a loss on their taxes; however they may still pursue a law suit to recover their money. Therefore, it is in their best interest to negotiate or settle the debt for a fraction of what you owe, rather than receive nothing. Working with the San Diego Bankruptcy Law Firm can help protect your rights and in the event that a lawsuit is threatened or filed, we can help you pursue Bankruptcy as a last resort. Creditors may reach agreements to settle debt in order to recover a portion of monies they often would not of have been able to collect.
Will Debt Relief affect my credit?
This depends on your current situation. Typically, you must stop making your payments so that the Credit Card Company will negotiate your debt. Your credit may be adversely affected due to non-payment of existing debt that you wish to settle. In the process of reaching an agreement with your creditors, many items can be negotiated such as removing negative remarks. This depends on the creditor. However, once your Credit Card Debt has been settled you can begin to rebuild your credit.
How Much does it Cost?
Every case is different and the cost will depend upon how much you owe and how much we are able to save you. Contact us today to see if you qualify for debt settlement. We can be reached 24 hours a day at 619-260-1800 or 877-GOBK619.
California Foreclosure Basics. How to Stop a Foreclosure
The Bankruptcy Attorneys at the San Diego Bankruptcy Law Firm are always looking for helpful information for individuals struggling with keeping their home. Here is some information on foreclosure from a great website: http://preventingforeclosure.org/help-stop-foreclosure/california-foreclosure-basics/
For more information on stopping a foreclosure with a bunkruptcy please contact us at 877-GOBK619 or 619-260-1800 or visit our website at www.gobksandiego.com. Speak to an attorney today, there is no charge for an initial consultation.
California Foreclosure Basics
Definition of Foreclosure
Foreclosure is a process, governed by California state law, by which a home is sold to satisfy an unpaid debt such as a home mortgage, a tax lien or other debt.
What Causes a Foreclosure
A foreclosure is initiated once a default occurs. A default can be triggered by a failure to make a payment on a deed of trust or mortgage, or, for example, can also happen if a property is sold without permission or if property taxes aren’t paid. The note and mortgage will stipulate what the lender considers a default.
California Foreclosure Process
The California foreclosure process typically takes about 200 days starting from the time that a homeowner misses their first payment to the point when the home is auctioned off in a foreclosure sale. Though this might seem like a lot of time, the four month process moves very quickly and a homeowner must act immediately in order to take advantage of as many options as possible to avoid foreclosure.
Foreclosures in California are typically non-judicial under power of sale in deed of trust. This means that the foreclosure process occurs without any court intervention, with requirements for the foreclosure process set by state statute. The lender will typically send a Notice of Intent to Accelerate after 60 days. Next, the lender will contact the homeowner 30 days before sending the first of two notices in the foreclosure process, a Notice of Default. The Notice of Default gives the homeowner a 90-day window until the lender takes the next step, which is a Notice of Sale, the second notice required by California law. The Notice of Sale then gives the homeowner 20 days before the foreclosure sale takes place.
A homeowner has a right to cure the default up to within 5 days before the sale. In a non-judicial foreclosure, commonplace in California, a lender is not able to seek a deficiency judgment*. (*A deficiency judgment allows a bank or lender to obtain a judgment lien against a homeowner when a foreclosure sale does not produce enough to cover the full amount due on a home loan.) Without a deficiency judgment a homeowner is not given a redemption period. What all this basically means is that not having a redemption period available after the foreclosure sale makes the foreclosure sale date the deadline for a California homeowner to rescue his home. (You can find more information pertaining to California foreclosure statutes, Cal. Civ. Code §§ 2924 to 2924l, on the California Legislative Information website, but the reading contains a lot of legalese, so be forewarned.)
However, after the foreclosure sale, a homeowner may still remain in the home for some time while the legal eviction process churns on. After a foreclosure sale happens, if the foreclosed homeowner has not moved out of the home, the lender/bank or new owner is required to produce a 3-Day Notice to Quit. Once the three days expire and a homeowner still has not moved, then the new owner is required to start the legal eviction process by filing an unlawful detainer, which basically means that the foreclosed homeowner has 30 days still before the sheriff will come out to force an eviction.
California Foreclosure Timeline
From the day that a homeowner first misses their mortgage payment, they have 200 days until a foreclosure sale, and 233 days total until a foreclosed homeowner is evicted.
Avoiding a Foreclosure in California
Delaying or stopping a foreclosure may be possible if the foreclosure was based on false information (for example, the lender substantially overstated the amount you had to pay to reinstate your mortgage, depriving you of your reinstatement rights under California law). Other reasons why you might be able to prevent a foreclosure include:
bringing a case to court that could delay or stop the foreclosure because
a loan origination didn’t abide by fair lending practices or other required mortgage regulations according to federal and California law,
failure by the foreclosing party to follow the requirements of a non-judicial foreclosure in California, for example, not properly serving the homeowner with a notice of default, or
the party attempting to foreclose is not legally entitled to do so,
you are able to short-sale the home, and
you are able to qualify for a loan workout or bankruptcy protection.
This list is not all inclusive, there are other options and reasons why you may be entitled to preventing a foreclosure. We encourage you to ultimately seek professional help since these situations can be mentally and emotionally taxing on a homeowner, not to mention extremely time-sensitive. Start by educating yourself through the foreclosure prevention resources available on this website to help you understand what it is exactly that you are facing in a foreclosure, and in the end that will help you to make better decisions with how you will save your home.
Next Step…
Make sure you understand the tax implications and what the results may be if you pursue a foreclosure defense strategy or solution.
For more information on stopping a foreclosure with a bunkruptcy please contact us at 877-GOBK619 or 619-260-1800 or visit our website at www.gobksandiego.com. Speak to an attorney today, there is no charge for an initial consultation.
California Foreclosure Basics
Definition of Foreclosure
Foreclosure is a process, governed by California state law, by which a home is sold to satisfy an unpaid debt such as a home mortgage, a tax lien or other debt.
What Causes a Foreclosure
A foreclosure is initiated once a default occurs. A default can be triggered by a failure to make a payment on a deed of trust or mortgage, or, for example, can also happen if a property is sold without permission or if property taxes aren’t paid. The note and mortgage will stipulate what the lender considers a default.
California Foreclosure Process
The California foreclosure process typically takes about 200 days starting from the time that a homeowner misses their first payment to the point when the home is auctioned off in a foreclosure sale. Though this might seem like a lot of time, the four month process moves very quickly and a homeowner must act immediately in order to take advantage of as many options as possible to avoid foreclosure.
Foreclosures in California are typically non-judicial under power of sale in deed of trust. This means that the foreclosure process occurs without any court intervention, with requirements for the foreclosure process set by state statute. The lender will typically send a Notice of Intent to Accelerate after 60 days. Next, the lender will contact the homeowner 30 days before sending the first of two notices in the foreclosure process, a Notice of Default. The Notice of Default gives the homeowner a 90-day window until the lender takes the next step, which is a Notice of Sale, the second notice required by California law. The Notice of Sale then gives the homeowner 20 days before the foreclosure sale takes place.
A homeowner has a right to cure the default up to within 5 days before the sale. In a non-judicial foreclosure, commonplace in California, a lender is not able to seek a deficiency judgment*. (*A deficiency judgment allows a bank or lender to obtain a judgment lien against a homeowner when a foreclosure sale does not produce enough to cover the full amount due on a home loan.) Without a deficiency judgment a homeowner is not given a redemption period. What all this basically means is that not having a redemption period available after the foreclosure sale makes the foreclosure sale date the deadline for a California homeowner to rescue his home. (You can find more information pertaining to California foreclosure statutes, Cal. Civ. Code §§ 2924 to 2924l, on the California Legislative Information website, but the reading contains a lot of legalese, so be forewarned.)
However, after the foreclosure sale, a homeowner may still remain in the home for some time while the legal eviction process churns on. After a foreclosure sale happens, if the foreclosed homeowner has not moved out of the home, the lender/bank or new owner is required to produce a 3-Day Notice to Quit. Once the three days expire and a homeowner still has not moved, then the new owner is required to start the legal eviction process by filing an unlawful detainer, which basically means that the foreclosed homeowner has 30 days still before the sheriff will come out to force an eviction.
California Foreclosure Timeline
From the day that a homeowner first misses their mortgage payment, they have 200 days until a foreclosure sale, and 233 days total until a foreclosed homeowner is evicted.
Avoiding a Foreclosure in California
Delaying or stopping a foreclosure may be possible if the foreclosure was based on false information (for example, the lender substantially overstated the amount you had to pay to reinstate your mortgage, depriving you of your reinstatement rights under California law). Other reasons why you might be able to prevent a foreclosure include:
bringing a case to court that could delay or stop the foreclosure because
a loan origination didn’t abide by fair lending practices or other required mortgage regulations according to federal and California law,
failure by the foreclosing party to follow the requirements of a non-judicial foreclosure in California, for example, not properly serving the homeowner with a notice of default, or
the party attempting to foreclose is not legally entitled to do so,
you are able to short-sale the home, and
you are able to qualify for a loan workout or bankruptcy protection.
This list is not all inclusive, there are other options and reasons why you may be entitled to preventing a foreclosure. We encourage you to ultimately seek professional help since these situations can be mentally and emotionally taxing on a homeowner, not to mention extremely time-sensitive. Start by educating yourself through the foreclosure prevention resources available on this website to help you understand what it is exactly that you are facing in a foreclosure, and in the end that will help you to make better decisions with how you will save your home.
Next Step…
Make sure you understand the tax implications and what the results may be if you pursue a foreclosure defense strategy or solution.
Friday, July 30, 2010
The San Diego Bankruptcy Law Firm Will Serve Clients Affected by the Closing of Kerry Steigerwalt's Pacific Law Center
The San Diego Bankruptcy Law Firm announces that it will serve clients that may have been affected by the "winding down" of Kerry Steigerwalt's Pacific Law Center and will only charge the client the remainder of what they already owe Pacific Law Center.
www.gobksandiego.com
"The San Diego Bankruptcy Law firm has offered to serve clients of Kerry Steigerwalt's Pacific Law Center that may have been affected by the closing" San Diego, CA (PRWEB) July 30, 2010
On June 30, 2010 the Union Tribune published an article entitled: Pacific Law Center "winding down," not adding clients. The Bankruptcy Attorneys at the San Diego Bankruptcy Law Firm have noticed an increase in inquiries from clients of Kerry Steigerwalt's Pacific Law Center. "We probably receive a couple of calls a week from individuals who are concerned about their case," says Todd Williams and Scott Schlegel who own the San Diego Bankruptcy Firm.
As a result of the demand the San Diego Bankruptcy Law Firm, with offices in Mission Valley, has offered to serve clients of Kerry Steigerwalt's Pacific Law Center that may have been affected by the "winding down" of Kerry Steigerwalt's Pacific Law Center and will only charge new clients the remainder of what they owe to Pacific Law Center. "Essentially, we can substitute in at no additional cost to the client," says Mr. Williams.
We think it is our obligation as professionals and as attorneys here in San Diego to help protect San Diegans when they need it most. "The last thing someone facing bankruptcy needs is to feel abandoned or to have to hire another attorney to finish something that has been partially paid for, especially when they are financially burdened already," says Maureen Enmark a bankruptcy attorney with the San Diego Bankruptcy Law Firm].
Pacific Law Center has indicated that "it is well-equipped to represent existing clients to the fullest" and the San Diego Bankruptcy Law Firm does not wish to interfere with clients that are pleased with their representation. However, for those that feel that they have been affected please feel free to contact us immediately to set up a free consultation at 619-260-1800, toll free at 877-GO-BK-619 or visit us on the web at www.gobksandiego.com.
www.gobksandiego.com
"The San Diego Bankruptcy Law firm has offered to serve clients of Kerry Steigerwalt's Pacific Law Center that may have been affected by the closing" San Diego, CA (PRWEB) July 30, 2010
On June 30, 2010 the Union Tribune published an article entitled: Pacific Law Center "winding down," not adding clients. The Bankruptcy Attorneys at the San Diego Bankruptcy Law Firm have noticed an increase in inquiries from clients of Kerry Steigerwalt's Pacific Law Center. "We probably receive a couple of calls a week from individuals who are concerned about their case," says Todd Williams and Scott Schlegel who own the San Diego Bankruptcy Firm.
As a result of the demand the San Diego Bankruptcy Law Firm, with offices in Mission Valley, has offered to serve clients of Kerry Steigerwalt's Pacific Law Center that may have been affected by the "winding down" of Kerry Steigerwalt's Pacific Law Center and will only charge new clients the remainder of what they owe to Pacific Law Center. "Essentially, we can substitute in at no additional cost to the client," says Mr. Williams.
We think it is our obligation as professionals and as attorneys here in San Diego to help protect San Diegans when they need it most. "The last thing someone facing bankruptcy needs is to feel abandoned or to have to hire another attorney to finish something that has been partially paid for, especially when they are financially burdened already," says Maureen Enmark a bankruptcy attorney with the San Diego Bankruptcy Law Firm].
Pacific Law Center has indicated that "it is well-equipped to represent existing clients to the fullest" and the San Diego Bankruptcy Law Firm does not wish to interfere with clients that are pleased with their representation. However, for those that feel that they have been affected please feel free to contact us immediately to set up a free consultation at 619-260-1800, toll free at 877-GO-BK-619 or visit us on the web at www.gobksandiego.com.
Thursday, July 22, 2010
We Take Abandoned Kerry Steigerwalt Pacific Law Center Clients
San Diego Bankruptcy Law Firm at www.gobksandiego.com will take clients abandoned by Kerry Steigerwalt's Pacific Law Center. We will only charge you what you owe to Pacific Law Center. Call us today as this offer is limited. Please see the latest article to surface about Kerry Steigerwalt's Pacific Law Center in the San Diego Reader. 619-260-1800
SAN DIEGO READER
It Wasn’t the Economy, Stupid
By Don Bauder | Published Wednesday, July 21, 2010
lINK: http://www.sandiegoreader.com/news/2010/jul/21/city-light-1/
The heavily advertised Pacific Law Center was once San Diego’s best-known law firm, but its most controversial. Two years ago, Kerry Steigerwalt, a criminal lawyer who is regularly quoted on local television, gained control of the firm and changed its name to Kerry Steigerwalt’s Pacific Law Center. It became a household name.
In a deposition for a lawsuit filed against the center last year, Steigerwalt claimed that the firm’s previous owners had wooed him and fed him false information. He said he was the “fall guy.”
Steigerwalt has indeed fallen. The firm, which specializes in driving-under-the-influence, personal injury, and defective-product cases, while purportedly counseling those with financial woes, intends to take no new cases but will wrap up old ones and eventually close down. Just recently, the Yellow Book sued the firm, saying it hasn’t paid for more than $200,000 in advertising. UTC Properties has also sued, saying the firm hasn’t paid rent at its posh La Jolla suite since the beginning of the year and owes almost $200,000.
Tom Slattery, a former lawyer at the firm, filed a massive complaint about its practices with the California State Bar, sending copies to state officials including the attorney general’s office. Some current and former lawyers say that the bar is probing the matter, but the bar won’t confirm that. Last week, Slattery filed suit against the firm, claiming that early this year, Steigerwalt’s firm was trying to stave off an “imminent collapse.”
The law firm has a D+ rating with the Better Business Bureau, generating 79 complaints in three years. That D+ is a slight improvement on an earlier F rating. Since 2004, there have been more than 40 superior court suits filed against the firm under both its names.
Steigerwalt blames most of his problems on the weak economy forcing criminal defendants to go to public defenders. But the inescapable truth is that he didn’t do his homework when taking over Pacific Law Center. On June 30, a new law firm registered with the secretary of state: Steigerwalt Law Firm, APC.
One key suit was filed in 2008 by Carl Hancock, who worked for Pacific Law Center for only nine months. The suit charged that Steigerwalt’s entrance into the firm was a “sham sales transaction for the purpose of protecting the assets” of the firm’s founders, Larry Majors, his son Austin Majors, and son-in-law Jeffrey Phillips, a Phoenix attorney. Hancock settled the suit early this year.
Another suit was filed last year by Dagoberto Llamas, who alleged he was blatantly cheated by the firm, which took big bucks from him to handle a criminal case in which he was charged with driving under the influence, battery, hit and run, and contempt of court. He was initially assured he could win the case but subsequently told it was hopeless. Llamas’s case against the law firm was handled by well-known criminal attorney Michael Pancer, his son Ian, and Doug Gilliland.
The suit says that the business model of both Kerry Steigerwalt’s Pacific Law Center and its predecessor “is the brainchild of a convicted felon and car dealer from Arizona named Larry Majors. After serving time for fraud in Arizona, Majors, a non-lawyer, opened a law firm in San Antonio, Texas, using a down-on-his-luck lawyer.… Majors launched a massive television advertising campaign to attract clients.” But Majors fled Texas after a bankruptcy judge called the firm “a borderline criminal enterprise.”
Then, according to the Pancer team’s account, Majors set up shop in San Diego with a lawyer who was eventually disbarred. Majors vamoosed when Texas authorities charged him with absconding with clients’ money. In 1993, Pacific Law Center opened in San Diego with son Austin Majors as executive director. The office was in La Jolla, but the listed address was that of son-in-law Jeffrey Phillips’s Phoenix law firm.
There has always been controversy about who owned and ran Pacific Law Center. According to Slattery’s testimony, Phillips was the owner. When Steigerwalt came in two years ago, he put in no money and got 51 percent of the firm, although at around the same time he gave part of his own practice to Phillips. Steigerwalt claims that Robert Arentz, then a member of Phillips’s Arizona firm and also one who hung around the La Jolla firm, had 100 percent of Pacific Law Center and then 49 percent of the successor after Steigerwalt took control. In any case, Phillips basically ran Pacific Law Center, according to the Llamas and Slattery suits. Phillips did not respond to calls, and Arentz would not comment.
Phillips and Arentz have run into trouble with the State Bar of Arizona for using the same tactics that the San Diego firm used, both pre- and post-Steigerwalt. Phillips was censured and placed on two years of intensive probation by the Arizona bar in 2002. One of the reasons: so-called “intake personnel at his firm” who interviewed potential clients and failed to identify themselves as non-lawyers.
Late last year, the Arizona bar acted again: it recommended that Phillips be suspended for six months and a day and Arentz be suspended for 60 days. The bar said that the two “acted for their own immense financial benefit, overusing non-attorney employees for inappropriate tasks…to squeeze every last penny out of their clients.”
The Arizona Supreme Court upheld Arentz’s suspension but agreed to review Phillips’s. The bar had investigated 22 complaints, mainly on aggressive sales practices of non-attorney personnel.
And that goes to the heart of the complaints against Kerry Steigerwalt’s Pacific Law Center and its predecessor, both of which spent almost $5 million a year on advertising, according to Llamas’s suit. So-called “intake coordinators,” later called “legal administrators” (similar to those used by Larry Majors in Texas and Phillips in Arizona), greet the often impecunious people who have been swayed by the advertising.
According to the Pancer team, the intake coordinators are often former car salesmen who con the clients, asking initially for a high price and then coming down when meeting resistance. “The fee is based on how much the client is able to pay, not on traditionally recognized criteria such as complexity or novelty of legal issues and consumption of attorney time,” says the suit, which was dismissed on summary judgment and is now on appeal. Pacific Law Center’s intake coordinator told Llamas that the firm wins 90 percent of its Department of Motor Vehicles hearings, when the figure is actually 25 percent.
If Llamas would pay the firm’s price, the coordinator said he could guarantee Llamas would not lose his driver’s license, according to the suit. But in the end, an attorney told Llamas his case was indefensible and he should plead guilty.
The Llamas, Slattery, and Hancock suits stress that the sales personnel engage in the unauthorized practice of law.
Under rules of the California bar, a lawyer has to sign a retainer agreement in front of a client. But at Pacific Law Center, the lawyer who signed the document would say he was not the one who would handle the case. Thus, the potential client did not learn his rights or the strength of the case from an attorney handling it. Steigerwalt said in his deposition that he changed this procedure but couldn’t remember when.
In his deposition, Steigerwalt said Pacific Law Center lawyers “were schleps,” according to the Llamas suit. Also, Steigerwalt admitted that he knew of the pressure tactics used by the intake coordinators. But he didn’t change things significantly, say the Llamas and Slattery suits. Indeed, Steigerwalt, said in the Slattery suit to make $900,000 yearly, was constantly checking to see if the firm was bringing in the daily gross receipts it needed to keep its head above water.
Says Steigerwalt, “In forming [Kerry Steigerwalt’s Pacific Law Center] I realized there were challenges. I just did not realize the extent of those challenges.”
He won’t answer questions about the Llamas suit because it was dismissed. Ripostes Michael Pancer, “It is true that the summary judgment motion was granted, but that does not affect the validity of statements made under oath in support of our lawsuit.” That includes deposition statements made by Steigerwalt.
Says Pancer, “I will give Kerry Steigerwalt the benefit of the doubt when he claims he wanted to turn [Pacific Law Center] around. But it was obvious to those of us who practice criminal defense that the business model was ethically flawed and could not be saved no matter what his best intentions were.” Steigerwalt’s adventure represented a “desire for profit overwhelming good judgment.”
SAN DIEGO READER
It Wasn’t the Economy, Stupid
By Don Bauder | Published Wednesday, July 21, 2010
lINK: http://www.sandiegoreader.com/news/2010/jul/21/city-light-1/
The heavily advertised Pacific Law Center was once San Diego’s best-known law firm, but its most controversial. Two years ago, Kerry Steigerwalt, a criminal lawyer who is regularly quoted on local television, gained control of the firm and changed its name to Kerry Steigerwalt’s Pacific Law Center. It became a household name.
In a deposition for a lawsuit filed against the center last year, Steigerwalt claimed that the firm’s previous owners had wooed him and fed him false information. He said he was the “fall guy.”
Steigerwalt has indeed fallen. The firm, which specializes in driving-under-the-influence, personal injury, and defective-product cases, while purportedly counseling those with financial woes, intends to take no new cases but will wrap up old ones and eventually close down. Just recently, the Yellow Book sued the firm, saying it hasn’t paid for more than $200,000 in advertising. UTC Properties has also sued, saying the firm hasn’t paid rent at its posh La Jolla suite since the beginning of the year and owes almost $200,000.
Tom Slattery, a former lawyer at the firm, filed a massive complaint about its practices with the California State Bar, sending copies to state officials including the attorney general’s office. Some current and former lawyers say that the bar is probing the matter, but the bar won’t confirm that. Last week, Slattery filed suit against the firm, claiming that early this year, Steigerwalt’s firm was trying to stave off an “imminent collapse.”
The law firm has a D+ rating with the Better Business Bureau, generating 79 complaints in three years. That D+ is a slight improvement on an earlier F rating. Since 2004, there have been more than 40 superior court suits filed against the firm under both its names.
Steigerwalt blames most of his problems on the weak economy forcing criminal defendants to go to public defenders. But the inescapable truth is that he didn’t do his homework when taking over Pacific Law Center. On June 30, a new law firm registered with the secretary of state: Steigerwalt Law Firm, APC.
One key suit was filed in 2008 by Carl Hancock, who worked for Pacific Law Center for only nine months. The suit charged that Steigerwalt’s entrance into the firm was a “sham sales transaction for the purpose of protecting the assets” of the firm’s founders, Larry Majors, his son Austin Majors, and son-in-law Jeffrey Phillips, a Phoenix attorney. Hancock settled the suit early this year.
Another suit was filed last year by Dagoberto Llamas, who alleged he was blatantly cheated by the firm, which took big bucks from him to handle a criminal case in which he was charged with driving under the influence, battery, hit and run, and contempt of court. He was initially assured he could win the case but subsequently told it was hopeless. Llamas’s case against the law firm was handled by well-known criminal attorney Michael Pancer, his son Ian, and Doug Gilliland.
The suit says that the business model of both Kerry Steigerwalt’s Pacific Law Center and its predecessor “is the brainchild of a convicted felon and car dealer from Arizona named Larry Majors. After serving time for fraud in Arizona, Majors, a non-lawyer, opened a law firm in San Antonio, Texas, using a down-on-his-luck lawyer.… Majors launched a massive television advertising campaign to attract clients.” But Majors fled Texas after a bankruptcy judge called the firm “a borderline criminal enterprise.”
Then, according to the Pancer team’s account, Majors set up shop in San Diego with a lawyer who was eventually disbarred. Majors vamoosed when Texas authorities charged him with absconding with clients’ money. In 1993, Pacific Law Center opened in San Diego with son Austin Majors as executive director. The office was in La Jolla, but the listed address was that of son-in-law Jeffrey Phillips’s Phoenix law firm.
There has always been controversy about who owned and ran Pacific Law Center. According to Slattery’s testimony, Phillips was the owner. When Steigerwalt came in two years ago, he put in no money and got 51 percent of the firm, although at around the same time he gave part of his own practice to Phillips. Steigerwalt claims that Robert Arentz, then a member of Phillips’s Arizona firm and also one who hung around the La Jolla firm, had 100 percent of Pacific Law Center and then 49 percent of the successor after Steigerwalt took control. In any case, Phillips basically ran Pacific Law Center, according to the Llamas and Slattery suits. Phillips did not respond to calls, and Arentz would not comment.
Phillips and Arentz have run into trouble with the State Bar of Arizona for using the same tactics that the San Diego firm used, both pre- and post-Steigerwalt. Phillips was censured and placed on two years of intensive probation by the Arizona bar in 2002. One of the reasons: so-called “intake personnel at his firm” who interviewed potential clients and failed to identify themselves as non-lawyers.
Late last year, the Arizona bar acted again: it recommended that Phillips be suspended for six months and a day and Arentz be suspended for 60 days. The bar said that the two “acted for their own immense financial benefit, overusing non-attorney employees for inappropriate tasks…to squeeze every last penny out of their clients.”
The Arizona Supreme Court upheld Arentz’s suspension but agreed to review Phillips’s. The bar had investigated 22 complaints, mainly on aggressive sales practices of non-attorney personnel.
And that goes to the heart of the complaints against Kerry Steigerwalt’s Pacific Law Center and its predecessor, both of which spent almost $5 million a year on advertising, according to Llamas’s suit. So-called “intake coordinators,” later called “legal administrators” (similar to those used by Larry Majors in Texas and Phillips in Arizona), greet the often impecunious people who have been swayed by the advertising.
According to the Pancer team, the intake coordinators are often former car salesmen who con the clients, asking initially for a high price and then coming down when meeting resistance. “The fee is based on how much the client is able to pay, not on traditionally recognized criteria such as complexity or novelty of legal issues and consumption of attorney time,” says the suit, which was dismissed on summary judgment and is now on appeal. Pacific Law Center’s intake coordinator told Llamas that the firm wins 90 percent of its Department of Motor Vehicles hearings, when the figure is actually 25 percent.
If Llamas would pay the firm’s price, the coordinator said he could guarantee Llamas would not lose his driver’s license, according to the suit. But in the end, an attorney told Llamas his case was indefensible and he should plead guilty.
The Llamas, Slattery, and Hancock suits stress that the sales personnel engage in the unauthorized practice of law.
Under rules of the California bar, a lawyer has to sign a retainer agreement in front of a client. But at Pacific Law Center, the lawyer who signed the document would say he was not the one who would handle the case. Thus, the potential client did not learn his rights or the strength of the case from an attorney handling it. Steigerwalt said in his deposition that he changed this procedure but couldn’t remember when.
In his deposition, Steigerwalt said Pacific Law Center lawyers “were schleps,” according to the Llamas suit. Also, Steigerwalt admitted that he knew of the pressure tactics used by the intake coordinators. But he didn’t change things significantly, say the Llamas and Slattery suits. Indeed, Steigerwalt, said in the Slattery suit to make $900,000 yearly, was constantly checking to see if the firm was bringing in the daily gross receipts it needed to keep its head above water.
Says Steigerwalt, “In forming [Kerry Steigerwalt’s Pacific Law Center] I realized there were challenges. I just did not realize the extent of those challenges.”
He won’t answer questions about the Llamas suit because it was dismissed. Ripostes Michael Pancer, “It is true that the summary judgment motion was granted, but that does not affect the validity of statements made under oath in support of our lawsuit.” That includes deposition statements made by Steigerwalt.
Says Pancer, “I will give Kerry Steigerwalt the benefit of the doubt when he claims he wanted to turn [Pacific Law Center] around. But it was obvious to those of us who practice criminal defense that the business model was ethically flawed and could not be saved no matter what his best intentions were.” Steigerwalt’s adventure represented a “desire for profit overwhelming good judgment.”
Monday, April 19, 2010
Foreclosure rates surge, biggest jump in 5 years. (San Diego Bankruptcy Attorneys & Lawyers)
By ALEX VEIGA, AP Real Estate Writer Alex Veiga, Ap Real Estate Writer – Thu Apr 15, 7:32 am ET: http://news.yahoo.com/s/ap/20100415/ap_on_bi_ge/us_foreclosure_rates?source=patrick.net
LOS ANGELES – A record number of U.S. homes were lost to foreclosure in the first three months of this year, a sign banks are starting to wade through the backlog of troubled home loans at a faster pace, according to a new report.
RealtyTrac Inc. said Thursday that the number of U.S. homes taken over by banks jumped 35 percent in the first quarter from a year ago. In addition, households facing foreclosure grew 16 percent in the same period and 7 percent from the last three months of 2009.
More homes were taken over by banks and scheduled for a foreclosure sale than in any quarter going back to at least January 2005, when RealtyTrac began reporting the data, the firm said.
"We're right now on pace to see more than 1 million bank repossessions this year," said Rick Sharga, a RealtyTrac senior vice president.
Foreclosures began to ease last year as banks came under pressure from the Obama administration to modify home loans for troubled borrowers. In addition, some states enacted foreclosure moratoriums in hopes of giving homeowners behind in payments time to catch up. And in many cases, banks have had trouble coping with how to handle the glut of problem loans.
These factors have helped slow the pace of foreclosures, but now that trend appears to be reversing.
"We're finally seeing the banks start to process the inventory that has been in foreclosure, but delayed in processing," Sharga said. "We expect the pace to accelerate as the year goes on."
In all, more than 900,000 households, or one in every 138 homes, received a foreclosure-related notice, RealtyTrac said. The firm based in Irvine, Calif., tracks notices for defaults, scheduled home auctions and home repossessions.
Homeowners continue to fall behind on payments because they've lost their job or seen their mortgage payment rise due to an interest-rate reset. Many are unable to refinance because they now owe more on their loan than their home is worth.
The Obama administration's $75 billion foreclosure prevention program has only been able to help a small fraction of troubled homeowners.
About 231,000 homeowners have completed loan modifications as part of the Obama administration's flagship foreclosure prevention program through March. That's about 21 percent of the 1.2 million borrowers who began the program over the past year.
But another 158,000 homeowners who signed up have dropped out — either because they didn't make payments or failed to return the necessary documents. That's up from about 90,000 just a month earlier.
Last month, the administration expanded the program, launching a plan to reduce the amount some troubled borrowers owe on their home loans and give jobless homeowners a temporary break. But the details of those programs are expected to take months to work out.
The states with the highest foreclosure rates in the first quarter were Nevada, Arizona, Florida and California, with Nevada leading the pack, RealtyTrac said.
Rising home prices and speculation fueled a wave of home construction there during the housing boom. But now the state, particularly around the Las Vegas metropolitan area, is saddled with a glut of unsold homes.
Still, the number of homes in Nevada that received a foreclosure filing dropped 16 percent from the first quarter last year.
All told, one in every 33 homes in Nevada was facing foreclosure, more than four times the national average, RealtyTrac said.
Foreclosure filings rose on an annual and quarterly basis in Arizona, however.
One in every 49 homes there received a foreclosure-related notice during the quarter.
Florida, meanwhile, posted the third-highest foreclosure rate with one out of every 57 properties receiving a foreclosure filing.
California accounted for the biggest slice overall of homes facing foreclosure — roughly 23 percent of the nation's total. One in every 62 properties received a foreclosure filing in the first quarter.
(San Diego Bankruptcy Law Firm has Bankruptcy Lawyers and Bankruptcy Attorneys available 24 hours a day to answer your questions at www.gobksandiego.com.
LOS ANGELES – A record number of U.S. homes were lost to foreclosure in the first three months of this year, a sign banks are starting to wade through the backlog of troubled home loans at a faster pace, according to a new report.
RealtyTrac Inc. said Thursday that the number of U.S. homes taken over by banks jumped 35 percent in the first quarter from a year ago. In addition, households facing foreclosure grew 16 percent in the same period and 7 percent from the last three months of 2009.
More homes were taken over by banks and scheduled for a foreclosure sale than in any quarter going back to at least January 2005, when RealtyTrac began reporting the data, the firm said.
"We're right now on pace to see more than 1 million bank repossessions this year," said Rick Sharga, a RealtyTrac senior vice president.
Foreclosures began to ease last year as banks came under pressure from the Obama administration to modify home loans for troubled borrowers. In addition, some states enacted foreclosure moratoriums in hopes of giving homeowners behind in payments time to catch up. And in many cases, banks have had trouble coping with how to handle the glut of problem loans.
These factors have helped slow the pace of foreclosures, but now that trend appears to be reversing.
"We're finally seeing the banks start to process the inventory that has been in foreclosure, but delayed in processing," Sharga said. "We expect the pace to accelerate as the year goes on."
In all, more than 900,000 households, or one in every 138 homes, received a foreclosure-related notice, RealtyTrac said. The firm based in Irvine, Calif., tracks notices for defaults, scheduled home auctions and home repossessions.
Homeowners continue to fall behind on payments because they've lost their job or seen their mortgage payment rise due to an interest-rate reset. Many are unable to refinance because they now owe more on their loan than their home is worth.
The Obama administration's $75 billion foreclosure prevention program has only been able to help a small fraction of troubled homeowners.
About 231,000 homeowners have completed loan modifications as part of the Obama administration's flagship foreclosure prevention program through March. That's about 21 percent of the 1.2 million borrowers who began the program over the past year.
But another 158,000 homeowners who signed up have dropped out — either because they didn't make payments or failed to return the necessary documents. That's up from about 90,000 just a month earlier.
Last month, the administration expanded the program, launching a plan to reduce the amount some troubled borrowers owe on their home loans and give jobless homeowners a temporary break. But the details of those programs are expected to take months to work out.
The states with the highest foreclosure rates in the first quarter were Nevada, Arizona, Florida and California, with Nevada leading the pack, RealtyTrac said.
Rising home prices and speculation fueled a wave of home construction there during the housing boom. But now the state, particularly around the Las Vegas metropolitan area, is saddled with a glut of unsold homes.
Still, the number of homes in Nevada that received a foreclosure filing dropped 16 percent from the first quarter last year.
All told, one in every 33 homes in Nevada was facing foreclosure, more than four times the national average, RealtyTrac said.
Foreclosure filings rose on an annual and quarterly basis in Arizona, however.
One in every 49 homes there received a foreclosure-related notice during the quarter.
Florida, meanwhile, posted the third-highest foreclosure rate with one out of every 57 properties receiving a foreclosure filing.
California accounted for the biggest slice overall of homes facing foreclosure — roughly 23 percent of the nation's total. One in every 62 properties received a foreclosure filing in the first quarter.
(San Diego Bankruptcy Law Firm has Bankruptcy Lawyers and Bankruptcy Attorneys available 24 hours a day to answer your questions at www.gobksandiego.com.
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