South Florida’s foreclosure rate ranks 13th out of 212 metropolitan areas so far this year. One in 53 properties in Palm Beach, Broward, and Miami-Dade counties is in some stage of foreclosure. So far this year, South Florida has 46,559 homes in foreclosure, up 24 percent from a year ago. The number of new cases increased 34 percent from last year.
A federal report critical of a foreclosure prevention plan specifically mentions Florida as failing to set measurable goals for its Hardest Hit program. Florida was one of 18 states and the District of Columbia that received money from the Hardest Hit Fund, which was first announced in Feb. 2010. Florida’s Hardest Hit program is meant to create breathing room for homeowners looking for work or higher-paying jobs.
For the first time, the nation received evidence through an AARP report of how the real estate crash is affecting its senior citizens. While older homeowners still have lower foreclosure and mortgage delinquency rates then people under the age of 50, they are increasing.
AARP’s findings include:
- About 5.7 percent of homeowners age 65 and older were in foreclosure in 2011, up from 0.58 percent in 2007.
The story of Florida’s housing market continues to be one of foreclosures and distressed sales. It is expected that over one million distressed homes will hit the market over the next year or so. This backlog of distressed homes leads to the expectation that this increase in inventory would cause prices to plunge.
However, despite some continuing foreclosures, bank-owned homes have not hit the market in large numbers.
Back in March of 2012, two companies associated with waterfront restaurant Shooters filed Chapter 11 bankruptcy. Roscoe, LLC (DBA Shooters) and BIMA, LLC filed for bankruptcy protection following a $10.5 million foreclosure lawsuit filed by FirstBank against BIMA, LLC, the company that owns the property that both Shooters and Bootleggers sits on. About a month later, Shooters owner John Wile filed for personal Chapter 11 bankruptcy protection.
I was recently asked this question by a woman who had read my article in the Palm Beach Post regarding stripping 2nd mortgage liens in Chapter 7 Bankruptcy. She states that she saw in my article that “a new case allows the 2nd mortgage to be stripped off with a Chapter 7 Bankruptcy” and that her bankruptcy attorney filed her Ch.
On July 11th, 2012, the United States Court of Appeals for the Fourth Circuit affirmed a decision by the United States Bankruptcy Court for the Eastern District of North Carolina that developed a new method of calculating household size. Before this case, there were three methods that courts looked at to determine household size. The “heads on beds” approach simply counts the number of people who have lived at the household.
A recent article written by CreditCards.com reporter Kelly Dilworth quotes several resources including Emil Fleysher in discussing the potential effects and implications of the new CoreScore model of credit reporting from Core Logic. Mr. Fleysher has previously written 2 articles on the topic that were posted to the FleysherLaw.com Blog. To read the full article please visit the following link…
A final judgment is the Judge’s final decision in a case as recorded in the files stored in the Office of the Clerk of Courts. The party that sued you and obtained the judgment is called a “judgment creditor.” The judgment creditor can obtain right to proceed against your property through writ of execution, garnishment, or other judicial process. A judgment becomes a lien when a certified copy of it is recorded in the official county records.
South Florida bankruptcy filings were down substantially in the 2nd quarter compared to last year, according to data released by the U.S. Bankruptcy Court for the Southern District of Florida. Personal bankruptcy filings (Chapter 7 & Chapter 13) in Palm Beach, Broward and Miami-Dade counties totaled 7,194 from April through June of 2012 (down 23% from 2011).
Bankruptcy filings can be linked in large part to the rate of foreclosure filings and foreclosure sales, which slowed in 2011 due to the banks’ robo-signing debacle and nationwide settlement with states’ attorneys general.