Note: Something to think about although the banks are primarily responsible for having created this mess until all the foreclosures in the Santa Maria real estate market are flushed out and all the upside mortgage home loans are off the books will only delay the entire recovery process and this applies every where. What the answer is at this point not sure but there is catch 22, now the homeowners may have more ammunition to fight for their homes but it will delay the recovery of the economy and the real estate market. I have little love for the big banks and maybe if they were more pro active from the beginning this would not even been an issue but money and greed seems to have its way.
Banks Face New Rules on Foreclosures from Skeptical State Judges
by Marian Wang ProPublica, Nov. 11, 2010, 12:51 p.m.
As banks resume foreclosures and claim to have added safeguards to their processes, it’s been left up to state court judges to decide whether they buy what the banks are saying.
Many judges haven’t.
The Washington Post, for instance, spoke with some judges in New York who estimated that they’re dismissing about 20 to 50 percent of foreclosure cases due to documentation flaws. The state’s chief judge issued a new rule last month requiring lawyers handling foreclosures to verify that all documents in the proceeding are accurate—and lawyers filing bad documents could face “penalties of perjury.”
The Wall Street Journal noted this week that across the country, other state courts have also tried to enforce some measure of quality control:
The Maryland appeals court’s new policy permits judges to require lawyers to testify to the validity of the underlying affidavit in a foreclosure case. Judges also can order notaries public to appear in court or appoint special masters to review foreclosure documentation.
Ohio’s Cuyahoga County Court of Common Pleas said last week it would give servicers and lenders 30 days to ensure that they have filed proper paperwork—or else their cases will be dismissed. The court, which covers Cleveland, also said judges will require lawyers in residential foreclosure cases to file affidavits swearing that they have taken “reasonable steps” to verify the accuracy of documents filed to the court.
In Florida, the Journal noted, a judge has been forcing lawyers to defend the fees that law firms charged to homeowners—and in one case found that a firm had signed off on $1,630 in fees when the number should have been $175.
But even within a state, judges’ positions vary. In the same state, one foreclosure defense attorney complained to the Post that “the banks themselves have slowed down, but not the judges. … They are the robo-signers.” (That’s also the sentiment in a piece published in this week’s Rolling Stone about judges who preside over what are called “rocket dockets.”) Here’s more from the Post:
In a cramped, makeshift courtroom, Broward County Judge Victor Tobin was signing off on uncontested foreclosure cases as fast as a clerk could keep them coming, only a few seconds per file.
“Batter up,” he said as he finished one stack and eyed the next. With scores of cases remaining on the day’s “rocket docket” earlier this week and tens of thousands more awaiting judgment in this courthouse, there was little time to pause.
On the other side of the state, in a Sarasota County courtroom, another judge on a recent day was taking a dramatically different tack. Impatient with attorneys for lenders trying to seize hundreds of homes, fed up with their sloppy paperwork and errant practices, Judge Harry Rapkin dismissed 61 foreclosure cases in that single day – a quarter of those awaiting his approval. While the plaintiffs could re-file, it would mean hefty fees and significant delay.
Outside of the courts, other efforts to hold the banks accountable are ongoing. Iowa’s Attorney General, who’s leading a 50-state foreclosure probe, told Bloomberg this week that the investigation is “on a fast track.” He hinted that any agreement with the banks would require that they put more resources to servicing and improve loan modification procedures.
The Senate Banking Committee also announced the first congressional hearing focused on the foreclosure scandal. Bank of America and JPMorgan Chase officials are scheduled to testify at the hearing, scheduled for next Thursday.
Call me directly for a free consultation.
If you have any questions about buying a Santa Maria home for sale in the Santa Maria Real Estate market or any properties on the Central Coastand need to get a loan in Santa Maria, CA or any where in the state of so I California not just on the Central Coast, so I can do California home loans, and first time home buyer loans, as well as refinance home loans and just plain simple mortgage loans. So please contact me by sending me an email at: GenePerez@GMSLoans.net
I do also service all the nearby communities and other markets such as the Santa Ynez real estate market, Nipomo Real estate market, Arroyo Grande real estate market, Grover Beach Real Estate Market, and all other surrounding areas regarding the homes on the Central Coast.
my goal is to provide you with resources you need. I can also help in getting the financing for your home. If you have any suggestions or questions in how I can provide more or better
information please let me know. I have been helping my clients for the last 15 years on the Central Coast, Gene Perez – 805-448-7101 , DRE 01321588
Important Disclaimer: Questions and answers provided on this website and by Gene Perez is to be considered general information, and is not intended to substitute for informed professional financial, tax, legal, investment, accounting, or other professional advice.
Gene Perez is Licensed Real Estate Broker for Valley Hills Realty and a mortgage broker for Greater Mortgage Solutions.
This blog and its content is copyright of Gene Perez 2010. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only. You may copy the content to individual third parties for their personal use, but only if you acknowledge Gene Perez as the source of the material You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system without obtaining Gene Perez’s permission.
att yahoo login
gall bladder surgery
my babysitters a vampire
dallas mavericks schedule