Delinquent home owners are finding a wild-card in saving their home from foreclosure. In court, more home owners are successfully arguing that their mortgage companies can’t prove they own the loan and don’t have the right to foreclose on them.

The Wall Street Journal reports: “In some cases, borrowers are showing courts that banks failed to properly assign ownership of mortgages after they were pooled into mortgage-backed securities. In other cases, borrowers say that lenders backdated or fabricated documents to fix those errors.”

In a few cases, home owners have even had their foreclosures reversed as courts blame lenders’ sloppy paperwork.

Some argue that borrowers are using “arcane legal rules” to get free houses when not paying their bills. Banking industry lawyer Laurence E. Platt at K&L Gates in Washington says “the real assault on the legal system” are efforts by judges and local officials to not give lenders their rightful ownership and make foreclosures nearly impossible.

However, attorney Thomas Ice in Royal Palm Beach, Fla., argues that borrowers shouldn’t have to tolerate incomplete or falsified evidence by lenders.

Source: “Banks Hit Hurdle to Foreclosures,” The Wall Street Journal (June 1, 2011)
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While Las Vegas boasts the worst foreclosure rate in the country, several other cities are creeping up with the fastest growing rates of foreclosures — and they’re in some unexpected places.

These cities mostly have one thing in common: They’re all battling a growing number of job losses among their residents that are leading more home owners to default on their mortgages.

Here are five cities with some of the fastest-growing foreclosure rates in the country:

1. Spartanburg, S.C.
Foreclosure rate: 1 in 60 homes

This city in upstate South Carolina faced a 228 percent increase in foreclosure filings in 2010 — making it the nation’s fastest-growing foreclosure rate. In 2009, the city’s unemployment rate hit 12.7 percent in 2009, dropping to 10.9 percent in 2010, yet still well above the national average.

2. Albuquerque, N.M.
Foreclosure rate: 1 in 46 homes

Albuquerque had a 60 percent increase in foreclosures in 2010. This city has had one of the fastest-growing metro areas over the past decade, attracting young professionals and retirees, but its economy was hard hit by the recession.

3. Myrtle Beach, S.C.
Foreclosure rate: 2.25 percent

Myrtle Beach had a 44 percent increase in foreclosures in 2010. Once a big draw for vacation-home buyers, the city’s second-home market was crushed by the recession when tourism dropped and unemployment increased.

4. Savannah, Ga.
Foreclosure rate: 1 in 40 homes

Savannah had a 37 percent increase in foreclosure filings in 2010. Its unemployment rate is still on the rise; in November it rose to 8.9 percent. Many of the foreclosures in the city are in its Historic District or The Landings, popular areas where home prices rose quickly during the housing boom days.

5. Charlotte, N.C.
Foreclosure rate: 1 in 50 homes

Charlotte also had a 37 percent increase in foreclosure filings in 2010. Its unemployment rate is dropping; it was 10 percent in November. Charlotte has become the 33rd largest metro area in the country, growing by more than 30 percent in the past 10 years.

©2010 NATIONAL ASSOCIATION OF REALTORS®. All rights reserved.

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Bank of America Nevada City, CA

The states of Arizona and Nevada has sued Bank of America for alleged foreclosure fraud.  The lawsuits are very similar in scope, and basically allege that Bank of America engaged in deceptive practices specifically with regard to mortgage servicing, loan modification, and foreclosure.

Arizona Attorney General Terry Goddard said in a press release:

“Bank of America has been the slowest of all the servicers to ramp up loss mitigation efforts in response to the housing crisis.  It has shown callous disregard for the devastating effects its servicing practices have had on individual borrowers and on the economy as a whole”.

The Arizona complaint alleges that Bank of America committed fraud in Arizona, and mislead borrowers about foreclosure and loan modification programs in the following ways (quoted from the press release):

• Whether homeowners must be delinquent on their mortgage payments to be considered for a loan modification.

• How much time it would take to receive a decision from Bank of America on a modification request or a short sale request.

• Whether foreclosure would proceed while a modification or short sale request was pending, or while a homeowner was making trial payments.

• Whether the homeowner had been approved for a loan modification.

• Failure to provide valid reasons why the homeowner was declined for a modification.

• Whether the homeowner would be approved for a permanent modification if the consumer successfully made all trial modification payments.

The Nevada lawsuit has essentially similar allegations.  Nevada Attorney General Catherine Masto said in a press release:

“We are holding Bank of America accountable for misleading and deceiving consumers.  Nevadans who were trying desperately to save their homes were unable to get truthful information in order to make critical life decisions”.

In what could be another sign that the housing crisis is far from over, the percent of mortgage holders who are underwater on their homes continued to rise in the third quarter–and some say it could be another eight to 10 months before that trend turns around.

In the U.S., 23.2% of U.S. mortgage holders were underwater, owing more money than the house is worth. That’s up from 21.7% from a year ago, according to Q03 data out Wednesday from Zillow.com. Roughly 13.9 million homes now have negative equity. Many of these homes could end up in foreclosure should borrowers give up making payments on homes that aren’t worth what they owe—let alone building equity. (See “The Great Mortgage Mystery“)

In the latest report, the worst hit areas of the housing bust show small signs of improvement, while new locales saw growth in underwater real estate. In Miami, for example, 42% of homes have negative equity, compared to 45.1% in the third quarter 2009, according to Zillow. That’s in part because many of these underwater homes have been foreclosed on.

In San Francisco, the number of underwater homes has dropped from 24.9% to 20.2%, mainly due to stabilizing home values that are pulling more people out of negative equity, says Stan Humphries, Zillow’s chief economist. The median sales price of existing single-family homes in the San Francisco metropolitan area is up about 25% since last year, according to the National Association of Realtors.

Source: Wall Street Journal

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U.S. pending home sales slipped for the first time in three months in September as foreclosure moratoriums  slowed sales.

The National Association of Realtors’ index for pending sales of existing homes fell 1.8% to 80.9, the industry group said Friday. Economists surveyed by Dow Jones Newswires had expected pending home sales would increase by 3% in September.

Year over year, the pending-home-sales index is 24.9% below its level of 107.8 in September 2009. The NAR on Friday also revised its August index upward slightly to 82.4 from the previously estimated 82.3.

The NAR index is based on pending sales of existing homes, including single-family homes and condominiums. A home sale is pending when the contract has been signed but the transaction hasn’t closed. Pending sales typically close within one or two months of signing.

Pending home sales plummeted in May after the expiration of a government tax credit program but had been on the rise in July and August as rock-bottom mortgage rates and distressed property sales enticed buyers.

Source: Wall Street Journal

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Wells Fargo & Co. said it plans to refile paperwork in 55,000 foreclosure cases after it discovered flaws in foreclosure documents.

The San Francisco-based bank, which is also among the largest providers of residential mortgages in Minnesota, had previously stood by its foreclosure paperwork as other major mortgage lenders came under scrutiny.

Wells Fargo proceeded with foreclosures while rivals including Bank of America Corp. and JPMorgan Chase & Co. delayed theirs.

Wells said it had identified possible problems with a final step in its foreclosure process by bank employees and notaries on legal affidavits.

The bank will begin the filings in 23 states and hopes to complete them by mid-November.

“The issues the company has identified do not relate in any way to the quality of the customer and loan data.” Wells said in a statement. “Nor does the company believe that any of these instances led to foreclosures which should not have otherwise occurred

Read more: Wells Fargo to refile 55,000 foreclosures | Minneapolis / St. Paul Business Journal

The number of U.S. households that missed consecutive mortgage payments or were in foreclosure fell more in the second quarter than any time since the mortgage crisis began four years ago, a survey found.

But the data, released Thursday by the Mortgage Bankers Association, showed the crisis is far from ending. One worrisome sign: The number of newly distressed borrowers increased, raising the prospect that foreclosures and delinquencies could resume their rise.

Overall, some 14.4% of borrowers had missed at least one payment or were in foreclosure at the end of June. That was down from 14.7% at the end of March, but up from 13.5% a year ago. The improvement came because fewer borrowers fell 60 days or more delinquent on their mortgages. The number of households that had missed just one payment increased.

Read more Wall Street Journal

Foreclosures continued on an overall downward trend in July in the Yuba-Sutter area, though Sutter County saw an increase compared to a year earlier in the number of homes undergoing the final foreclosure step and falling into bank possession.

In Yuba County, 56 homes went into foreclosure last month, a decrease of 10 from a year earlier, while 55 homes did so in Sutter County, up from 40 in July 2009.

An ongoing trend statewide of foreclosures being canceled before they reach the final step also continues, according to a report by ForeclosureRadar .com released Thursday. Compared to a year earlier, cancellations rose by 75 percent statewide, with nearly 19,000 in July.

Numbers from the Yuba-Sutter area suggest a similar trend, with notices of default, the first step toward foreclosure, still significantly higher than the number of actual foreclosures.

Yuba County saw 86 notices of default in July; and Sutter County had 81. In both cases, there were more notices of default a year earlier.

ForeclosureRadar.com’s founder, Sean O’Toole, said in the report that the number of cancellations may be a negative trend, because they delay foreclosures even though the homes still may have negative equity.

Both counties saw modest upticks in the number of homes sold at auction after foreclosure, up to 14 from eight a year earlier in Yuba and 14 from six in Sutter. The rise indicates more investors may see foreclosed homes as a worthwhile place to put their money.

Foreclosure statistics were not available for Colusa County, which has comparably little home buying and selling activity.

Reprinted with permission Appeal Democrat

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.

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.

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