Conflicting reports can be misleading and confusing. Let’s see what has been written in the last 30 days regarding NY and foreclosures.
RealtyTrac: New York State November 2011 total foreclosures decrease; state continues to rank among lowest in nation
12/20/2011
In its U.S. Foreclosure Market Report for November 2011, which reports default notices, scheduled auctions and bank repossessions in the month of November, RealtyTrac Inc. reported New York State had 1,587 total foreclosures, a decrease of 3.17 percent from October and a decrease of 42.89 percent from November 2010.
New York State ranked number 43 of all 50 states for monthly total foreclosure filings with one in every 5,052 properties receiving a foreclosure filing in November.
Foreclosure filings were reported nationally on 224,394 U.S. properties in November, a decrease of 2.72 percent from October and a decrease of 14.46 percent from year-ago totals. Nationally, one in every 579 properties received a foreclosure filing.
Sounds great, doesn’t it? Let’s look at THIS article:
Homeowners shouldn't be penalized for alleged Baum misconduct, regulator says
Posted By JUSTIN T. HILLEY On December 16, 2011 @ 4:03 pm
Mortgage servicers operating in New York state shouldn't charge borrowers when substituting new counsel in foreclosure cases previously handled by the Steven J. Baum P.C. law firm, said the New York State Department of Financial Services.
Baum said last month that the firm would wind down its business and close. The announcement comes in the wake of the firm agreeing to pay $2 million to the federal government and change its foreclosure practices and after Freddie Mac and Fannie Mae removed the law firm from their lists of approved counsel. It was the largest foreclosure law firm in New York.
Financial Services Superintendent Benjamin Lawsky sent a letter to servicers saying they shouldn't apply any penalties, fees, costs or interest accrued to homeowners.
Based in Amherst, N.Y., the Baum firm represented plaintiffs in about 40% of the foreclosure proceedings in New York in 2010. Servicers across the state will now have to hire new counsel, who will have to gather and review case files and ask courts for the approval of new legal representation. As a result, significant delays in pending foreclosure cases are expected.
New York already faces the longest foreclosure timeline in the nation, with a foreclosure there taking an average of 900 days to work through the process. Earlier this year,RealtyTrac estimated that the New York foreclosure backlog would take seven years to clear through the New York court system.
The state's administrative board of judges implemented an affirmation rule in October 2010 that further exacerbated an already long time line. Banking attorneys now have to sign an affidavit vouching for the accuracy of the records in a foreclosure, forcing these lawyers to go back and check documentation before filing a case.
“New Yorkers facing foreclosure should not be penalized in any way because of delays which may arise because many mortgage servicers will now need to find new counsel," Lawsky said. "It adds insult to injury for New Yorkers to suffer further as a result of the shuttering of this abusive and discredited firm."
Mortgage servicer Ocwen Financial Corp. already signed an agreement with the Department of Financial Services promising to refrain from charging homeowners for such costs.
Ocwen agreed it would not penalize homeowners affected by the Baum closing in an amendment to an agreement reached in September with DFS to adhere to mortgage servicing reforms designed to address troublesome practices in the servicing industry.
In the letter, Lawsky noted that one Baum attorney had asked for a 60- to 90-day continuance for a settlement conference in order to facilitate a change in counsel. Such a delay could cost a homeowner between $1,540 and $2,310 in additional interest charges based on a $150,000 mortgage at a 6.5% interest rate, Lawksy said.
Now, look at this graphic!
So, what can we conclude?
Foreclosure FILINGS may be down, but the backlog is out there! With all the turmoil in NY due to the situation in the courts and with Steve Baum’s office, banks are waiting for the dust to settle. With 50+ months of Shadow Inventory out there, NY home prices will continue to stay lower.
Definition of 'Shadow Inventory'
A term that refers to real estate properties that are either in foreclosure and have not yet been sold or homes that owners are delaying putting on the market until prices improve. Shadow inventory can create uncertainty about the best time to sell (for owners) and when a local market can expect full recovery. Also, shadow inventory typically causes reported data on housing inventory to understate the actual number of inventory in the market.