California home sales hit 7-month high in December

os Angeles Business from bizjournals – by Elizabeth Kim , the Silicon Valley/San Jose Business Journal
Date: Friday, January 21, 2011, 12:00pm PST

California home sales rose in December to their highest level since May, according to a report Friday from the California Association of Realtors, as the inventory of unsold homes dwindled.

December’s sales were up 5.9 percent from November’s revised figure of 491,590 but were down 6.8 percent from the revised 558,840 of December 2009.

The unsold inventory index for existing, single-family detached homes was 5 months in December, down from 6.2 months in November but up from 3.8 months in December 2009. The index indicates the number of months needed to deplete the supply of homes on the market at the current sales rate.

Read more: California home sales hit 7-month high in December | Los Angeles Business from bizjournals – Full Story – Click Here…

Home seizures by banks decline in state

Trash litters the front yard of a bank-owned home in Phoenix. Arizona was among the states hardest hit by the housing meltdown. (Joshua Lott, Reuters / January 13, 2011)

Los Angeles Times

While foreclosures climbed 2% nationally, California saw a 14% drop. But California’s high unemployment rate and resetting loans mean the fall in foreclosure activity could be brief.

Fewer Californians grappled with foreclosure last year, bucking a national trend and giving homeowners fresh hope that the state’s housing market could be on the mend.

Trash litters the front yard of a bank-owned home in Phoenix. Arizona was among the states hardest hit by the housing meltdown. (Joshua Lott, Reuters / January 13, 2011)

Fewer Californians grappled with foreclosure last year, bucking a national trend and giving homeowners fresh hope that the state’s housing market could be on the mend.

The 14% drop in foreclosure activity contrasted with a 2% rise nationally, according to data tracking firm RealtyTrac. Analysts noted that California’s housing market was among the first to falter and may now be among the first to recover. Home prices here hit bottom in April 2009, and have gradually risen since then.

Read the full story

If you follow my blog at all… I have a few questions for you. How can anyone know what media forum is correct? Did you see my post yesterday about 1 million homes foreclosed in 2011? While this article is more geographically specific, I would question how accurate is this data, and is it really an issue or a concern to me?

Rather than have uncertainty in the future market, ask yourself, how long am I going to live in my next home? How comfortable am I with my current job, with my current mortgage or rent payment? We have no control over the market; however we as consumers have full control over our individual plans, thoughts and actions.

1 million homes repossessed in 2010

chart_repo.top

CNN Money – recent post:

Foreclosures were at a record high in 2010, and more than 1 million people lost their homes, even as notices started leveling off during the end year.

NEW YORK (CNNMoney) — Foreclosures were at a record high in 2010, and more than 1 million people lost their homes, even as notices started leveling off during the end year.

In total, there were nearly 2.9 million foreclosure notices filed during the year, according to report released Thursday by RealtyTrac. That was a record high, but just 1.7% above 2009.

read the full story

A few key comments in the article address the temporary hold on foreclosures during the 4th quarter of last year, which will lead to increased foreclosure activity 1st and 2nd quarter this year, along with the challenges the banks are experiencing with squatters moving into the vacant properties. Great information!!!

House Appraisals Under Fire

Gary Cohen's home in Century City, Calif.

Here we go again… we have discussed Automated Appraisals (- Computer Generated Appraisals) in the past and we are still experiencing the same challenges.

Computerized Models Are Assailed as Inaccurate; There Goes the Credit Line – By M.P. MCQUEEN

Home appraisals, which were blamed for being too generous during the housing boom, are now being criticized by some homeowners for being too stingy, preventing them from refinancing or borrowing against their houses.

The criticism is being leveled at computerized real-estate appraisals, which depend on models that use prices from home sales and other data to determine the value of a house. Because of the volatility in the housing market, they are underestimating prices, some homeowners, real-estate agents and fee appraisers say.

Gary Cohen, of West Los Angeles, Calif., says Citibank suspended his $510,000 home-equity line of credit based on a drop in his home's estimated value after performing a computerized appraisal.

Lenders use computerized appraisals primarily for home-equity loans, preapprovals for mortgage refinancing, loan modifications and mortgage originations of less than $250,000. Automated appraisals are cheaper and faster than in-person appraisals. They run as little as $20, whereas appraisals done by people can cost hundreds of dollars.

The computerized models are used as a check on in-person appraisals, which often were too generous during the housing boom, according to federal banking regulators and state attorneys general. The regulators said banks often held sway over appraisers, encouraging them to value homes at certain prices in exchange for future business. In the wake of the housing bust, regulators imposed tough new rules, prohibiting banks from picking individual appraisers for individual properties.

“The selling point was that [computerized appraisals] were faster and not prone to bank pressure,” says Steven Kane, a Colorado commercial and residential appraiser who is the author of two books on how to apply automated valuation models.

Computerized appraisals calculate a home’s value by using an index derived from historical repeat-sales data, or sales records of homes with similar property characteristics, such as square footage and the number of bedrooms and baths. In-person appraisals don’t incorporate as much transactional data as a computer model.

Gary Cohen, an advertising-sales manager in West Los Angeles, Calif., says Citibank suspended his $510,000 home-equity line of credit based on a drop in his home’s estimated value.

A computer model used by the bank showed his home had dropped to just over $1 million in 2009 from the $1.65 million it was appraised at four years earlier.

So, Mr. Cohen, 65 years old, paid $750 for an in-person appraisal from a firm designated by the bank. It estimated his home was valued at $1.3 million, but Citibank still wouldn’t reinstate his credit line.

“The discrepancy is so great that you have to know whatever method they are using is not accurate,” Mr. Cohen says.

Mr. Cohen sued Citibank, a unit of Citigroup Inc., over the appraisal. In court documents, Citibank said that even if his home is worth the higher figure, the bank has a legal right to suspend the credit line.

Gary Cohen's home in Century City, Calif.

“Citibank continues to believe the suit has no merit and intends to defend its position vigorously,” said a spokesman.

Borrowers also have sued J.P. Morgan Chase & Co., Wells Fargo & Co. and other big lenders, claiming that banks are misusing automated valuation models in order to cut home-equity lines of credit. J.P. Morgan Chase and Wells Fargo declined to comment.

Automated valuation models were pioneered by Yale economist Robert Shiller, who developed the first systems in the early 1990s. While arguing that these appraisals are more objective than human appraisers, Mr. Shiller and others say that in some situations the models may be providing unrealistically low values, prompting lenders to reject loan applications or lend less money on particular properties.

Some models weigh past sales of a particular property over time against a historical home-price index, and they are running into problems with properties that have been bought only once. That is the situation in places such as Nevada and Southern California, where new subdivisions sprouted during the housing boom but many homes never sold or entered foreclosure before ever being sold in a nondistressed transaction.

“The main difficulty is that I need two or more sales prices for a property, and if I’m not able to find it, it doesn’t fit into the sample used to calculate the index,” says David Stiff, chief economist at Fiserv, one of the largest providers of automated appraisals using this methodology.

Prof. Shiller concedes there can be problems with these appraisals if a too-short period of historical data is programmed into models.

“In a slow market, it might suggest that prices are going to be falling for a while,” he says.

Other computerized models break down the particular characteristics of a property—number of bedrooms and bathrooms—as well as sales of comparable homes, to arrive at a value estimate. They often are hampered by a lack of accurate or comprehensive data in county and municipal records. Improvements, for example, are recorded by building permits, so if homeowners don’t file permits, the records won’t be accurate.

These models can “change a lot, depending on which variables you include or exclude, so there can be a bias,” says Prof. Shiller.

Bottom line… I believe that the lender is really not obligated to lend money on the property regardless of the value, and the fact that the borrower provided a second appraisal… if the borrower desires, they can go to another lender and get a cash out refinance. Your thoughts???

Bull vs. Bear: Will housing rebound?

bull vs bear

An interesting read to say the least… let me know your thoughts!
As seen in CNN Money – Posted by Nin-Hai Tseng, writer-reporter- December 27, 2010

It’s a question many Americans want answered: Will the value of my home rise or fall next year? Smart minds fall in both camps — here are both sides of the coin on real estate.

One of the most closely watched sectors in 2011 will continue to be real estate – a wildly emotional and divisive topic that’s puzzled investors and economists since the housing bubble burst around 2007. Earlier this year, many observers thought the market would turn around in a big way as federal tax credits spurred home purchases and the economy added jobs following hundreds of billions of dollars of government stimulus spending.

As the end of the year approaches, the prospects of a real recovery look much dimmer. For one, it’s become clear that we won’t see a true rebound until we have job growth. With unemployment showing few signs of improvement so far, the bullish take on housing seems hard to swallow, especially when many experts say home prices still have room to fall before hitting bottom.

But a bullish take doesn’t necessarily mean that prices would significantly rise. These are unprecedented times, and even the more cheery views fall short of predicting a steady surge in home values.

Here’s a bullish and bearish look at real estate for 2011.

Bull: Buy real estate!

One of the most vocal bulls on housing for 2011 has been Bill Ackman, founder and CEO of hedge fund Pershing Square Capital Management. At the Value Investing Congress in November, Ackman made a bold presentation called “How To Make A Fortune,” highlighting why it’s the right time to invest in real estate.

Ackman laid out several reasons but some key points include: With the fall in home prices and mortgage rates still relatively low, affordability is at its highest level in decades. What’s more, while there’s clearly still a glut in the supply of unoccupied homes, it will start to decline given that the rate of home construction is at historic lows.

Some of Ackman’s points sound similar to the reasons billionaire investor Warren Buffett gave earlier this year for his prediction that the real estate slump would end by about 2011.

Of course, this doesn’t mean he thinks home prices will return to their 2007 peak. In Buffett’s annual letter to shareholders of his Berkshire Hathaway (BRKA), which owns real-estate brokerage and manufacturer Clayton Homes, he predicted that demand for homes would catch up with supply following a period where the glut of unsold property caused home construction to dramatically fall.

In 2009, housing starts (the supply side) were 554,000 – by far the lowest number in the 50 years for which Berkshire could date. “Paradoxically, this is good news,” Buffett wrote.

And with home prices falling, he said families who couldn’t afford to buy a few years ago would finally be able to afford to do so. Buffett put it this way: “Prices will remain far below ‘bubble’ levels, of course, but for every seller (or lender) hurt by this there will be a buyer who benefits.”

It’s anyone’s guess if Buffett’s position on housing will change much in his letter to shareholders next year. It also remains to be seen if Ackman will continue to trump his “How to Make a Fortune” pitch with the recent rise in mortgage rates. For now, at least, both investors see promise in housing.

Bear: What bottom?

While home prices have for the most part stopped their freefall, some economists believe they haven’t hit bottom yet.

Rick Sharga, a senior vice president at RealtyTrac, an online marketplace for foreclosure properties, recently told The Wall Street Journal that foreclosures for 2011 could top the estimated 1.2 million bank repossessions this year, which reflected an increase of 900,000 from 2009. This is partly due to the so-called “robosigning” mess that forced some lenders to stall a flurry of foreclosures.

While Sharga predicts that home prices nationally could still fall by about 5%, others say they could drop much more at about 10%.

Some might argue that further declines coupled with relatively low mortgage rates might just spur a flurry of home purchases, but Daryl Jones, an analysts at investment research firm Hedgeye says that’s unlikely given that credit standards at virtually all major lenders are much higher and typically require larger down payments that would actually add to costs. Jones also thinks that home prices could fall another 15% to 30%, which means homes are actually still overpriced and might not attract more buyers as Ackman argues.

And while home construction is at all-time lows, Hedgeye says the trend is probably not as promising as Buffett and Ackman might think. The supply of housing is still very high – the firm estimated in November that there’s still 11 months of supply on the market to absorb, which is close to levels seen in 2009.

With so many variables working against the housing market, the bearish takes becomes all the more convincing. But one can always hope they’re wrong.

When Borrowers default on second homes – as seen in the N.Y. Times

When borrowers default on 2nd homes


Recently…. I was asked: “Isn’t it illegal to just walk away from your home”? While it’s not illegal, it does bring up some key factors. A few are addressed in the following column: By LYNNLEY BROWNING- Published: December 2, 2010

SOME affluent homeowners have been walking away from a second home or investment property that is worth less than what is owed on the mortgage, even though they can still afford to make the payments.
Related

But dumping that beach condo or country cottage, or even a home bought for an adult child — a practice known in the industry as a “strategic default” — is not the same as discarding a poorly performing stock or bond. Among the lingering effects is wrecked credit that can prevent the homeowner from getting another loan of any kind for 7 to 10 years.

In July, a study by researchers from the European University Institute, Northwestern University and the University of Chicago concluded that the strategic default trend was “large and rising” among homeowners with an equity shortfall of $100,000. As of last March, it said, strategic defaults accounted for 35.6 percent of all foreclosures, compared with 23.6 percent a year earlier.

“I’m increasingly seeing people who are middle class or higher on the pay scale coming to the conclusion that ‘I may be able to carry it, but should I?,’ ” said David Shaev, a bankruptcy lawyer in New York who assists homeowners in distress.

“But the question is, can the bank come after you, and if so, what is your position? What is your liability?”

The answer depends largely on where the property is.

In “recourse” states, a lender can come after you, and usually other assets like a primary residence, for the full mortgage amount. In “nonrecourse” states, a lender agrees to accept whatever the property fetches at a short sale, foreclosure sale, or a deed-in-lieu, in which the property is taken back but not formally foreclosed on, and generally can’t sue for the full loan amount. Florida, Connecticut and Arizona are among the nonrecourse states, while Colorado, Maine, New Jersey and Hawaii are recourse states.

There is a third category of state, called “single-action” or “one-action,” which allows the lender either to foreclose on the owner or file a civil lawsuit for the full loan amount. New York, California and Idaho are in that category.

Even in a nonrecourse state, however, those homeowners who opt for a strategic default on a previously refinanced property may not be protected from lenders, because the mortgage in such a case was not accorded for a first purchase, said Philip Faranda, a mortgage broker for J. Philip Real Estate, in Briarcliff Manor, N.Y.

When home-equity loans are involved, he added, it gets more complicated. In nonrecourse states like Florida and Connecticut, the lender cannot sue to collect any home-equity loan taken out on the property. But in nonrecourse states like Arizona and California, the lender can still sue for repayment of a second mortgage or line of credit.

Filing Chapter 13 bankruptcy protection, in which the homeowner arranges to pay off debts at lowered amounts over a maximum of five years, is typically the only way to avoid being on the hook for the second loan, mortgage experts say. Affluent homeowners who strategically default on a second home often don’t qualify for Chapter 7 bankruptcy, which leads to liquidation but limits eligibility to those earning no more than state median income levels.

Though not illegal, strategic defaults are controversial, because they are viewed in some circles as unethical. The practice is common among property developers.

For homeowners under water, experts say, it can make economic sense. “It’s a business cash-flow decision,” Mr. Faranda said, “but the risk is that you’re rolling dice with your future credit.”

A foreclosure from default stays on a homeowner’s credit report for 7 years, while filing for bankruptcy stays on the report for 7 to 10 years, he said. A default can lower a credit score by 85 to 160 points, according to FICO, the company that created the scoring method.

A version of this article appeared in print on December 5, 2010, on page RE9 of the New York edition.

Mortgage Interest Deduction (MID) could be reduced or eliminated

Thursday, November 18, 2010 – Article by Ryan Smith – PWR Government Affairs Director

Make sure that you pay careful attention to this… MID Has Boosted Homeownership. Chairs of the President’s Deficit Reduction Commission recently leaked a draft of suggestions for reducing the deficit. Among the many proposals are recommendations that would reduce or eliminate the Mortgage Interest Deduction. This could negatively impact real estate transactions. The leaked draft was intended to show that drastic changes are needed if the deficit is to be reduced. The leaked draft is NOT the Commission’s final recommendation. A formal report is expected on December 1. Recommendations in it will become formal only if 14 of the 18 commissioners vote in favor of the proposal. Etc.

Deficit Commission Chairs Release Draft MID Proposal

The concepts in the draft range from full repeal of the MID to other, various reductions. One proposal would reduce the cap on interest deductions from its current level of $1 million of mortgage debt to $500,000 of debt. The MID for home equity lines would be repealed, and the deduction for second homes would be repealed. Another version does not target MID specifically, but would rather reduce all itemized deductions by a fixed percentage. For example, if an individual’s combined MID, state and local taxes and charitable contributions were $15,000 and a 20% reduction was imposed, that individual would be permitted to deduct $12,000 ($15,000 x 0.8). A third group of proposal would retain the MID and some benefits for low-income families.

The revenues derived from cutting or eliminating the MID would facilitate the reduction of tax rates from its current 35% top rate to top rates of 23 – 26%, depending on the depth of the MID reduction. NAR and PWR will continue to monitor this situation as it develops and the full Committee report is released. We strongly oppose any changes to the MID or any plan that makes it more difficult for people to achieve the American dream of homeownership.

Your credit score is constantly changing

A great article that address quite a few relevant questions.

It also varies depending on which of the three main credit repositories you check. Each has a different scoring formula and different information in its files. – By Lew Sichelman – October 24, 2010 – Reporting from Washington —

Here is a scenario that happens all too frequently: A would-be home buyer applies online to obtain his all-important credit score. It comes back at a healthy 720, good enough to qualify for the best rate in the mortgage market. But then, when he applies for a loan with a local lender, his score is much lower. So low, in fact, that he might not qualify, even at less favorable terms.

What gives? How can your credit score be one number on one day and a different figure the next? And why does your score vary from one company to another?

A lot of things could be at play here. Let’s start with the basics.
A credit score is a three-digit number that is considered an accurate predictor of whether you will make your house payments on time every month. The higher the number, the safer the bet that you will repay.

But your score is based on the information contained in your credit record. And because what’s in your file is fluid, so is your score.

“Credit is dynamic information,” says Greg Holmes, national director of sales and marketing at Credit Plus, a Salisbury, Md., company that serves the mortgage business. “It’s constantly changing. It’s up and down and constantly moving.”

Your record changes every time the company that has your car loan reports an on-time payment — or more important, a missed payment that’s now more than 30 days late. It changes each time your credit card balance changes. It changes every time you apply for new credit. And it changes when an old bankruptcy finally falls into the abyss, never to be reported again.

Because a credit record is a moving target, shifting on a daily or even hourly basis, your credit score is nothing more than a numerical snapshot of your file at the moment it is calculated. As such it can change from one moment to the next.

“It depends on how much information is coming and going in and out of that credit report,” Holmes says. “It’s whatever time of day and month you pull the report. There’s even a difference between an account that’s less than six months old and one that’s older.”

If you asked someone to pull your credit score today, exactly six months and 29 days after you closed a department store account, for example, the number would be different than if you asked tomorrow, when it has been seven months since the account was shut down. Maybe not by much, but perhaps enough to alter your chances to obtain financing.

But there’s more to your score than what’s in it. Another big factor is what’s not in it. Not every creditor reports information to each of the three main credit repositories.

Say your auto lender is a local bank that reports only to Experian because Experian has a bigger presence in your state. In that case, neither TransUnion nor Equifax will know whether you are current on your car payments. They wouldn’t know about your car loan at all. As a result, a credit score based on your Experian file will be different from one based on the records maintained by the other two big bureaus.

Also, each repository has its own credit-scoring formula. A Minneapolis analytics company known as FICO (formerly Fair, Isaac and Co.), from which the term “FICO score” comes, created all the formulas. But the algorithm used by each credit bureau is slightly different based on factors that each believes to be a more or less important component of risk.

So not only is TransUnion’s score different from Equifax’s and Experian’s because it is based on information only in its records; it’s also different because it uses a different analytical model. And even if each depository maintained the same files, their scores would be different because they use different formulas.

Next, it’s important to know that the mortgage industry isn’t the only business to use credit scoring to rate potential borrowers. Actually, housing finance came somewhat late to the technique. The insurance business has been grading potential customers for decades, and now auto lenders, finance companies, banks, employers and dozens of others use credit scoring to make decisions.

The key is that each business has its own scoring formula. And a score that may be acceptable to, say, the finance company offering to lend you $5,000 for a new roof probably won’t be acceptable to a mortgage company trying to decide whether to lend you $500,000 to buy a new house.

So if you received your score from one of the Internet sites that provide a free score — but try to hook you into paying a monthly fee to monitor your credit file — it’s a safe bet that the number, accurate or not, won’t be worth much if you are in the market to buy a house.

If you’re buying a house, you’ll want an industry-specific mortgage score. No other score will do.

“Anybody can calculate a score,” Holmes says. “Who accepts it is what really matters. Even the scores used in the mortgage industry wouldn’t mean anything if Fannie Mae or Freddie Mac didn’t accept them. Or if JPMorgan Chase or Wells Fargo or Bank of America didn’t accept them.”

You can obtain a free copy of your credit record from each of the three major credit bureaus at http://www.annualcreditreport.com. The law entitles you to one free report every 12 months from each repository, but there’s nowhere I know of to obtain a free credit score.

Many outfits offer “free” credit scores, but in most cases, you have to sign up — for a monthly fee — for a credit-monitoring service. You usually can opt out of the service after a trial period. But the companies are hoping that you won’t, or that you’ll forget and won’t pay much attention to your credit card bill when it arrives in the mail.

But remember, not every score is acceptable to mortgage lenders. I’m aware of only one online service that fits the bill: http://www.myfico.com. But even then, you’ll have to sign up for the Score Watch monitoring service that FICO offers in conjunction with Equifax. You’ll just have to remember to cancel the service before the free trial period runs out.

Beyond that, would-be home buyers can obtain meaningful credit scores by applying for a mortgage, either directly with a lender or with a broker who deals with several lenders. Once you apply, lenders are obligated by law to share the score they used as a basis to decide whether you qualify.

And once you obtain a satisfactory credit score, make sure that you don’t do anything credit-wise that will change it, at least not until after the loan closes. Remember, a credit score is a moving target, so if you run out and buy new furniture using credit, your score will suffer, and you may no longer qualify for a mortgage to buy your house.

lsichelman@aol.com – Distributed by United Feature Syndicate. Copyright © 2010, Los Angeles Times

Hope you find this article helpful… have a great day and thank you for checking back in.

Banks seize 288K homes in Q3, but challenges await!

In this March 24, 2009 file photo, a sign lies on the ground in front of a foreclosed home in Homestead, Fla. Officials in 49 states have launched a joint investigation into allegations that mortgage companies mishandled documents and broke laws in foreclosing on hundreds of thousands of homeowners.

By ALEX VEIGA, AP Real Estate Writer
Thursday, October 14, 2010 – J Pat Carter / AP

In this March 24, 2009 file photo, a sign lies on the ground in front of a foreclosed home in Homestead, Fla. Officials in 49 states have launched a joint investigation into allegations that mortgage companies mishandled documents and broke laws in foreclosing on hundreds of thousands of homeowners.

Lenders seized more U.S. homes this summer than in any three-month stretch since the housing market began to bust in 2006. But many of the foreclosures may be challenged in court later because of allegations that banks evicted people without reading the documents.

A total of 288,345 properties were lost to foreclosure in the July-September quarter, according to data released Thursday by RealtyTrac Inc., a foreclosure listing service. That’s up from nearly 270,000 in the second quarter, the previous high point in the firm’s records dating back to 2005.

Banks have seized more than 816,000 homes through the first nine months of the year and had been on pace to seize 1.2 million by the end of 2010. But fewer are expected now that several major lenders have suspended foreclosures and sales of repossessed homes until they can sort out the foreclosure-documents mess.

On Wednesday, officials in 50 states and the District of Columbia launched a joint investigation into the matter.

Rick Sharga, a senior vice president at RealtyTrac, noted that legal challenges are likely. But he doubts many will be successful in overturning foreclosures. He said he expects foreclosures to resume and predicts about 1 million homes will be taken back this year.

“The bottom line is not that those properties won’t be repossessed,” Sharga said. “They simply won’t be repossessed as quickly. We’re simply delaying the inevitable.”

Experts say if lenders resume foreclosures in a couple of months or so, the delay will amount to a temporary lull followed by a spike in home repossessions early next year.

But if the crisis drags on for months and more lenders stop seizing homes, the foreclosure delays could last well into next year. That could have a severe effect on home sales and prices.

A freeze in foreclosure sales between now and December by a majority of lenders could amount to removing 30 percent of all home sales for that period, Sharga suggests.

“You would virtually guarantee that tens of thousands of properties would miss going to market in time for the spring, which is the peak buying season for real estate,” Sharga said.

Nearly 600,000 bank-owned homes are not yet on the market, according to RealtyTrac.

The states most affected by the foreclosure freeze accounted for 40 percent of all foreclosure activity in the third quarter and 36 percent of homes taken back by lenders, the firm estimates. Sales of homes by lenders made up 18 percent of all U.S. home sales in September, the firm said.

Other experts say delays from the foreclosure documents problem won’t end up having a huge impact on home sales or housing values.

Foreclosed homes that would have been sold by lenders now will be sold seven or eight months from now, and prices will start going declining about 3 percent to 4 percent nationally, on average, when those sales take place, said Andres Carbacho-Burgos, an economist at Moody’s Economy.com.

That’s good news if you’re a homeowner looking to sell in the near term, because there won’t be as much competition from deeply discounted foreclosed properties, Carbacho-Burgos said.

“But if you were looking to sell further down the line, that’s not so good news,” he said.

Economic woes, such as unemployment or reduced income, continue to be the main catalysts for foreclosures this year.

While bank repossessions rose in the third quarter, new defaults continued to decline.

Some 269,647 properties received default notices, the first step in the foreclosure process, down 1 percent from the second quarter and down 21 percent from the same period last year, according to RealtyTrac, which tracks notices for defaults, scheduled home auctions and home repossessions.

In all, 930,437 homeowners received a foreclosure-related warning between July and September, up nearly 4 percent from the second quarter but down 1 percent from the same period last year, RealtyTrac said. The latest tally translates to one in 139 U.S. homes.

AP Real Estate Writer Alan Zibel contributed from Washington to this report.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/10/13/financial/f210144D21.DTL#ixzz12khYnT1L

Lack of title insurance could slow sales of foreclosed homes

Enlarge	By Joe Raedle, Getty Images  Bank of America became the latest company to delay foreclosures due to possible documentation problems.

By Stephanie Armour, USA TODAY

Enlarge By Joe Raedle, Getty Images Bank of America became the latest company to delay foreclosures due to possible documentation problems.

Adds Rafael Castellanos, managing partner at Expert Title Insurance Agency in New York, “It is possible for a homeowner to come back and stake a claim to their property.”

Foreclosed homes could get harder to buy now that one of the nation’s largest title insurance companies has stopped insuring titles to homes foreclosed by JPMorgan Chase and GMAC Mortgage.
Old Republic National Title Insurance said last week that it will no longer insure title to any property foreclosed by Chase or GMAC after both mortgage servicers halted foreclosure sales in 23 states and said they are reviewing legal filings that may not have been properly verified or notarized.

Most lenders won’t issue a mortgage without title insurance, which ensures buyers have clear title to the property and protects theirs and lenders’ financial interests if ownership disputes arise.

Old Republic’s action is the latest twist in a growing controversy that has called tens of thousands of foreclosure cases into question in the 23 states that require court approval. Bank of America said Friday that it, too, will stop foreclosures in those states while reviewing its records for the same problems tying up JPMorgan and GMAC foreclosures.

Representatives of the three servicers have given sworn statements in lawsuits that they signed thousands of foreclosure affidavits without signing them in a notary’s presence or verifying the supporting documents, as the law requires.

STATES: Officials ask feds to investigate foreclosures by Chase, GMAC
PROBLEMS: Mistakes widespread on foreclosures, lawyers say

Questions about whether foreclosures were done legally could lead to evicted homeowners claiming they still own their houses after someone else buys them in foreclosure sales, says Mark Stopa, a Florida lawyer representing homeowners.

“The bank forecloses on a property, sells it to a legitimate third party,” Stopa says. “Two weeks later, the former homeowner says the paperwork was wrong and the judgment has to be set aside. The (new) owner is out.”

The American Land Title Association (ALTA), which represents title insurers, says possible flaws in foreclosure documents should have little impact on buyers of foreclosure-sale homes because they can argue they bought the home in good faith and the law protects them.

“It is unlikely that a court will take property from an innocent, current homeowner and return it to a previous homeowner who failed to make payments on the loan subject to the foreclosure,” the ALTA said in a statement.

But if other title insurance companies do follow Old Republic’s lead, that could prevent or delay more foreclosure sales. More than 151,000 bank-owned properties were sold in the second quarter — 15% of all home sales, according to RealtyTrac.