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San Diego Foreclosures up 34% in January (DataQuick)

San Diego Foreclosures Rise Steeply in January 2011

A report today in the Union-Tribune / Data quick estimates that foreclosures have risen fast in San Diego. You can stay in control and not be foreclosed on by short selling your home.

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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.

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Report: Foreclosure more Profitable than Loan Modifications


NCLC Report on Mortgage Servicers

Is Your Loan Full of Fraud? MERS Supreme Court Case

Mortgage Fraud in the Marketplace: A New Legal Ruling Regarding Your Loan

Recently the Kansas Supreme Court case Landmark National Bank Vs Kesler, 2009 Kan. LEXIS 834, may give homeowners needing to avoid foreclosure great hope in preserving their home.  This supreme court case held that a nominee company called MERS (Mortgage Electronic Registration System) has no legal right to foreclose.  MERS is a private company responsible for electronicallly tracking changes in ownership.  The significance of this ruling is that if MERS has no right to foreclosure, then perhap nobody else does either.  Currently the number of US held mortgages held by MERS is somewhere around 60 million homeowners and over half of all new residential mortgages in the US are registered with MERS.   Unfortunately the holdings of the Kansas Supreme Court are not binding to the rest of the nation, but this court case will be noticed in other courts and other states may follow suite.

A forensic loan audit may reveal this mortgage fraud as well as other mortgage fraud in your loan.   Call today to get started!

 

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Are Loan Modifications an Effective Way to Stop Foreclosure?

Loan Modifications: An Effective Way to Stop Foreclosure?

We often get the question on whether a loan modification will stop foreclosure. 

Unfortunately the answer to that question is: It Depends.

It depends upon the following information on whether a bank will stop foreclosure on a property that is in default:

1. It depend upon the bank. Different lenders have different rules.

2. It depends upon the financial situation of the homeowners. Banks have specific formulas on how they determine if a homeowner is qualified for a loan modification

3. It depends upon when the forcloure sale date it.  If the foreclosure is less than a week away, many times the bank may not postpone the forclosure.

4. It depends upon whether the house has equity or not.

5. It depends upon the neighborhood the house is located in. Are there other foreclosures in the same neighborhood?  Are homes selling fast or slow?

6. It depend upon who actually owns the loan. If it is a direct lender such as Wells Fargo, then a loan modification may be easier and a postponment easier as well.

7. It depends upon whether all the loan modification paperwork is in their hands compared to the foreclosure sale date.

8. It depends upon whether the house is your primary residence or a rental or secondary home.

For example, if you have an Indymac loan and it is a rental, then postponing the foreclosure using a loan modification most likely will not happen. Indymac does not do loan modifications for rental.  If you have a Countrywide loan, their loss mitigation department encourages loan modifications. Same for Bank of America loan modifications.

So the real answer to the question whether a loan modification will stop foreclosure is that it depends upon your particular circumstance. 

A decent loan modification professional and a 15 minute interview may determine if a loan modification is an effective tool to stop foreclosure.

California Foreclosures and Unemployment Remains High


According to the Mortgage Bankers Association, California remains at the top of the list for both foreclosures and unemployment.  Unemployment is a principal reason for the continuing high foreclosure activity throughout California.  Loan modifications have slowed the pace in San Diego, but with the new legislation trying to be passed in California, and at a federal level that would prohit upfront fees from being collected, the loan modification business may be shut down entirely, leaving homeowners little choice but to sell or be foreclosed upon.

In San Diego loan modification companies are concerned that if the ban on up-front fees are passed they will have to close their doors.  Because loan modifications can take upward of 6 months, a company would have to have deep pockets to run a business without income for that long.  It would be nearly impossible to pay employees without some sort of regular income.   So if you are in California and looking for a loan modification, best to work quickly before this legislature is passed.  Other alternatives to a loan modification in San Diego and other parts of California would be to do a forensic loan audit to see if there is potential fraud in your mortgage.  This can be used in a short sale or to pursue legal action against the lender.

foreclosures by state

Unemployment in the US