The housing model crisis created a model of cheap foreclosed properties and HUD houses for sale, but it also resulted in a big number of people in North Carolina opting for rental homes instead of putting their money down on home purchases.
Despite the vast supply of low-priced dwellings in various areas of the state, including Charlotte cheap foreclosures for sale, most people who would have normally taken advantage of the low prices and record mortgage lows are reportedly renting apartments instead. this trend has resulted in a series of development projects that involve apartment properties.
one area that has taken advantage of homebuyers1 reluctance to purchase North Carolina cheap houses for sale is Greensboro. in the city, over 2,000 apartment units are being planned, with more projects already in the final construction stages. with the huge number of apartment construction projects happening in the area, some real estate developers are wary that it might result in too many supplies for too little demand.
according to them, rental home developers should not be too carried away by the fact that fewer people are buying foreclosure houses for sale to conclude that these non-buyers are seeking rental units instead. those people cautioned that prior to building apartments, developers should first thoroughly examine the neighborhood if the demand justifies the projects.
with thousands of HUD houses for sale, foreclosed dwellings and houses being offered through short sales, apartment and other for-rent properties are expected to face tough competition, even though majority of consumers are believed to prefer rental housing nowadays. this trend, according to some analysts, can change rapidly within a year or so.
as of now though, apartment developers are taking advantage of what those people perceive to be a great model for rental properties. Greensboro is currently home to several of these development projects, including a Friendly Avenue and a Bridford Parkway project by Mega Builders and another couple of development efforts from Signature Development.
So far, apartment development projects in the city are estimated to have a construction cost of over $80 million. this estimate is based on the approximate per unit cost of an apartment or condominium which is pegged at around $66,000. The units are projected to compete with HUD houses for sale, foreclosed homes and other cheap dwellings being sold in the area.
find more foreclosure listings in Charlotte, NC:
HUD Houses for Sale get Competition from Apartment Projects is a post from ForeclosureDeals.com – REI online source for foreclosed homes for sale.
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In a judicial district that has taken a hard line on fraudulent or messy foreclosure filings, the judge’s ruling is the first time a court officer has openly attacked the methods of one of the firms responsible for thousands of foreclosures statewide.
Circuit Judge Janette Dunnigan scolded five lawyers from the Smith, Hiatt and Diaz firm in connection with a Manatee County foreclosure case filed in 2007. The firm is one of several “foreclosure mills” filing thousands of foreclosure cases monthly.
The firm’s attorneys filed what amounted to “sham” paperwork setting seven hearings over two years, and then failed to appear in court or tell the judge or other parties when they were canceled. The case is still unresolved.
The behavior is willful, deliberate and flagrant and violates oaths of professional practice for lawyers, Dunnigan said. The firm also routinely does not comply with local court rules about how foreclosure cases should be handled, Dunnigan ruled.
“It is disrespectful and inconsiderate of the court’s time and impedes judicial administration,” Dunnigan said.
Sarasota attorney Michael Belle, who is trying to clean up the foreclosure process, said it was the first major penalty from a state judge about how the so-called “foreclosure mills” do business.
The firms handle the majority of foreclosure cases for lenders, bidding against each other to handle large numbers of cases.
“If every judge did what Judge Dunnigan just did, we would have a lot less congestion in the court system,” Belle said. “The judiciary has finally said, ‘You’ve pushed too far.’”
Dunnigan brought the contempt of court herself, and threatened to push forward on a criminal contempt of court against the attorneys.
The firm’s partner, Roy Diaz, told the judge Monday that the firm had changed its practices to correct the issues Dunnigan brought up in her motion for contempt, such as reviewing all cases 20 days before a hearing to make sure the firm has the paperwork ready and will not have to cancel. he said his high-volume firm would have to increase staff by 500 percent to deal with the foreclosure crisis.
But Dunnigan said the firm’s new policies must not be working too well — the firm and one of its attorneys failed to show up for a foreclosure hearing in another case Monday morning. Diaz had no explanation.
“What you’re telling me is you pay lip service to me but yet I have not seen one single actual corrected policy procedure, you’re telling me your volume practice is going to remain because you can’t afford it,” Dunnigan said.
“There is no reasonable justification for noncompliance, the way you run your business is not an excuse or justification to the court to practice law the way you do,” Dunnigan said. “If you can’t handle it, sir, get more lawyers or throw it to the local lawyers.”
The firm will be fined $7,000 a day until it provides Dunnigan with a description of a new policy that attorneys cannot set hearings without having all documents ready. Also, every lawyer in the firm must sign documentation that they understand the new policies.
The firm must also review all cases scheduled in Manatee County and have the attorney that will appear at that hearing sign a paper that they will do so.
After the hearing, Diaz said the ruling showed a disconnect between the reality of handling cases as a crisis hits the real estate market and the rules change constantly.
The case turned out well for the homeowner. The law firm voluntarily dismissed the case, and must pay the owner $450 in lost wages for showing up at the last hearing.
<a href="http://www.heraldtribune.com/article/20100831/ARTICLE/8311064/2055/NEWS?Title=Judge-fines-major-legal-firm-for-foreclosure-conducttag:news.google.com,2005:cluster=http://www.heraldtribune.com/article/20100831/ARTICLE/8311064/2055/NEWS?Title=Judge-fines-major-legal-firm-for-foreclosure-conductTue, 31 Aug 2010 06:25:21 GMT 00:00″>Judge fines major legal firm for foreclosure conduct
Mortgage Foreclosure Process So you Don’t Lose Your Home in Foreclosure
Like so many people who are behind on there mortgage payments you may be wondering what is the process the bank takes when they foreclose on your home. there are some steps you can take to avoid losing your home due to foreclosure and in this housing market we all need some good advice.
Get Free: Stop Foreclosure Advice
The housing bubble basically burst in 2006 and it created a large amount of foreclosures in the market place. What happened is basically many of the lenders made it too easy for anyone to buy a house. whether you could afford the house or not did not matter they made the restrictions to get approved none existing.
How to: Avoid a Foreclosure
You also had many people who were buying houses because many of the banks were offering teaser rates which allowed you to buy an expensive house and only pay 1% interest for six months to a year. After this time period the house mortgage would slowly adjust to a higher rate but the problem is that most people who had this type of mortgage could barley afford the teaser rate. When the mortgage started to rise then many people could not afford there home and got foreclosed on.
It is important that to avoid getting foreclosed on you need to pay your mortgage on time and if you can not it is very important that you talk to the bank and work out a plan that works well for both of you. it is important to remember that the bank does not want to own our home they would rather get the payments from you.
Remember that only get into a mortgage that you can afford so that you do not have a problem and then could possibly get foreclosed on. If you are in a financial situation with your home now then you want to seek professional help to stop foreclosure form happening.
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Mortgage Foreclosure Process So You Don’t Lose Your Home in Foreclosure

The foreclosure procedure commences when the owner of a home is not in a position to make mortgage payments on the loan availed. hence, the government lender or the bank, who is responsible for the loan, will try to collect the remaining amount that has not been paid, by regaining the mortgaged house and further disposing it off in the public.
House owners will get an opportunity to pay the remaining amount, even when the foreclosure process is on, and thereby putting an end to this legal procedure before their homes are sold.
However, there is always less time period for this to happen. A lot depends on the local custom department and this time period can vary from thirty days to even a year. Generally, this is the best chance that house owners have, when the question of retaining control over their homes arises.
The moment this period ends, the lender can safely fix a day to sell his foreclosed house. again, according to the local law and even the mortgage terms, the lenders need to seek the court’s consent before fixing the schedule and going ahead with the sales procedure. This is called the judicial foreclosure procedure. If the lender fails to take a proper route in his efforts to secure rights to dispose the property, the foreclosure sale procedure can be held up for an indefinite time period. Make sure that you are completely aware of foreclosure laws prevailing in your region or else they can affect the proceedings related to preventing your house from legal filings or purchasing foreclosed property.
When foreclosure sale is about to commence, an official or a trustee initiates the auction and the foreclosed home will be handed over to the bidder who bids the highest. Once the sales procedure has concluded, this person will have ownership rights to the house, unless the law offers a redemption period. A redemption period gives the original owner of the house a chance to make full payments of their loan and exercise control over their homes. If this period lapses then the property officially belongs to the bidder who wins.
This is how a foreclosure procedure is generally conducted, but what one needs to remember is that the foreclosure procedure differs with every state. acquire maximum information about foreclosure procedure applicable in your state and you will then be in a position to deal with foreclosure related issues.
Download story podcast 10:54 PM PDT on Sunday, August 29, 2010 By JIM MILLERSacramento Bureau
SACRAMENTO – a bill that would set new rules for the foreclosure process is the focus of a fierce end-of-session fight between the lending industry and consumer groups.
Loan delinquency and foreclosure rates are down from the worst of the housing downturn but Riverside and San Bernardino counties remain among the hardest-hit parts of the state.
The bill, SB 1275, would require lenders and loan-servicing customers to better communicate with delinquent borrowers about modification options before beginning the foreclosure process. Borrowers could take loan companies to court for violations.
Supporters say the bill would preserve homeownership. too often, they say, borrowers trying to modify their loans suffer from lenders losing paperwork and not returning phone calls. Meanwhile, different parts of the same companies are moving forward with the foreclosure process, backers contend.
But opponents say the legislation would lead to a surge of lawsuits. It also would unfairly help people who can afford to pay their mortgages but choose not to because they owe more than their homes are worth.
The bill passed the Senate in June with only Democrats voting yes. But the measure fell 14 votes short in the Assembly last Tuesday, with 11 Democrats joining Republicans in voting no and 13 Democrats not voting.
State Sen. mark Leno, D-San Francisco, the bill’s author, blamed "a banking lobby out of control" for the Assembly vote. he asked for reconsideration and plans to try again today or Tuesday.
"They’re very powerful and they’re spreading misinformation to try to kill this consumer protection bill," said Leno, who is carrying the bill with Senate President Pro Tem Darrell Steinberg, D-Sacramento. "we have not given up the fight."
Dustin Hobbs, a spokesman for the California Mortgage Brokers Association, said the bill would set back the housing market’s sluggish recovery.
"It opens the door to lawsuits for just a variety of minor violations that in the past were not violations," Hobbs said.
among Democrats representing the Inland area, Assemblywoman Wilmer Amina Carter, D-Rialto, and state senators Gloria Negrete McLeod, D-Chino, and Denise Moreno Ducheny, D-San Diego, voted for the bill. Assemblywoman Norma Torres, D-Pomona, opposed it.
all of the region’s Republicans also rejected the bill. Assemblyman Paul Cook, whose district includes Perris, Moreno Valley and other areas with large foreclosure rates, said the measure is too hard on lenders.
"I don’t have too much sympathy for the mortgage industry, the bankers, but are we going to kill that entirely?" asked Cook, R-Yucca Valley. "I needed a good reason to vote for it and I just didn’t see it."
Reach Jim Miller at 916-445-9973 or jmiller@PE.com
What To do To stop Home Foreclosure
A person’s home is certainly one of the most important aspects of their living and their family’s living. Unfortunately, many people have been losing their homes as of late due to the immense amount of foreclosures that have been occurring. even homeowners who have not missed their payments on their house loan in years have lost their homes due to being laid off or some other major financial mishap. the thought of losing your home is likely one that is frightening in a sense as well as stressful. Luckily, there are numerous ways to stop home foreclosure if you are in this situation.
Many homeowners who will receive a foreclosure notice from their lender will immediately give up hope of solving this problem. the truth of the matter is that the only way to lose your home in a foreclosure is to do nothing or to give up hope. for many homeowners who are working to stop home foreclosure, the answer to their problems could be as simple as contacting their lender and talking things over. Homeowners who wish to keep their houses will work to make deals with their lenders. These deals can work to benefit both parties. for instance, you may be able to obtain a reduced interest rate from your lender through one of these dealings. the extension of the existing payment plan is also a common option that lenders will give homeowners who are working to stop home foreclosure. Lenders are more willing to negotiate than most people think. Lenders are especially willing to work with the homeowners who have had a good payment history with them. Lenders and homeowners can usually come to some compromise and even a new agreement if they can sit down and talk about the ordeal. It’s that simple if you try this option.
There was once a time when you would not see people stopping their foreclosure, especially with a simple chat. as of late, an increasing number of people have been able to stop their home foreclosure and save their home. if you are in the situation where your home is being or may be foreclosed on, there are other courses of action you can take aside from talking with your lender. many people have taken to hiring foreclosure negotiators to help them with the process. These negotiators will know the best course of action for handling a particular home foreclosure.
September 03, 2010, 12:01 AM EDT
Sept. 3 (Bloomberg) — Mariner Holdings LLC said it purchased part of a $760 million portfolio of property loans from the Federal Deposit Insurance Corp. as part of the agency’s sale of assets seized from failed banks.
a unit of Mariner, an asset manager based in Leawood, Kansas, paid about $52 million for a 40 percent stake in the portfolio, the company said in a statement yesterday. the price is about 31 cents on the dollar including FDIC financing.
the FDIC has completed at least 18 structured asset sales, auctioning stakes in loans with a total face value of $21.2 billion, since may 2008, according to data on its website and purchaser announcements. the median price paid was about 39 cents per dollar of face value for the portfolios.
the agency is offering its private-sector partners zero- percent financing, management fees and new loans to complete construction of projects that can be held until the real estate market improves. David Barr, a spokesman for the Washington- based agency, declined to comment on the Mariner sale.
“It will be a while before the revenue rolls in,” Martin Bicknell, chief executive officer of Mariner Holdings, said in a telephone interview.
the FDIC gave Mariner Real Estate Management LLC about $105 million in financing at zero percent interest and a $25 million advance for working capital needs, the company said. Mariner Real Estate is the property investment unit of Mariner Holdings, which has $7 billion of assets under management.
Mariner expects the FDIC investment to have an internal rate of return of 18 to 20 percent annually for seven years, with the company receiving 40 percent of the proceeds and the FDIC getting the balance after Mariner repays the financing, Bicknell said.
“It’s not really a matter of capital risk,” he said. “It’s a question of what the return will be.”
the portfolio consists of 1,100 loans for the acquisition and development of residential and commercial properties, Bicknell said. about 34 percent of the loans are in Colorado, 12 percent are in Nevada, and the rest are in 22 other states, he said. about a fifth of the loans are current on their payments. on a value basis, two-thirds of the loans are for residential projects, and one-third are commercial.
Mariner Real Estate said it hired Chicago-based Cohen Financial to provide asset management and loan administration services for the portfolio. Options for non-performing loans include payment restructurings, the sale of the loans, or the foreclosure and sale of the properties, Tim Mazzetti, executive vice president of Cohen Financial, said.
“if something is partially built, we might complete the construction if that gives us a better recovery,” Mazzetti said in a telephone interview.
Other buyers of FDIC loans include Oaktree Capital Management LP, Toll Brothers Inc. and Milestone Merchant Partners LLC, which paid about 40 cents on the dollar for 40 percent of a $1.7 billion portfolio. the companies announced the deal on Aug. 17.
the FDIC took over the assets of 118 banks this year through Aug. 20 as souring commercial and residential real estate loans impaired bank capital. the number of bank failures likely will surpass last year’s total of 140, FDIC Chairman Sheila Bair said in a July 9 interview with Bloomberg Television. That would result in the most in a year since 1992.
–Editors: Daniel Taub, Kara Wetzel
To contact the reporter on this story: John Gittelsohn in new York at johngitt@bloomberg.net.
To contact the editor responsible for this story: Kara Wetzel at kwetzel@bloomberg.net.
Mariner Buys Interest in $760 Million Loan Portfolio From FDIC
Can you Avoid Foreclosure?
There is a typical scenario for many homeowners today. you have a good job, which you think is steady, this provides a good income and you take out a mortgage loan in order to have the money to pay for your home. you can now call yourself a homeowner.
This scenario works very well as long as the main ingredients do not change. if anything goes wrong along the way, you face a very big problem. the most common periods for which a mortgage loan is solicited isn’t under twenty years, so that is a long time during which you have to keep your job or find other ways to make the same income in order to be able to make your monthly payments.
In most cases something goes wrong. When financial problems start to creep into your life and you miss a few payments on your home, there is the problem of repossession of your home by the financial institution that provided the mortgage loan. is there anything you can do in order to avoid foreclosure? in this article advice will be presented to you on how you can come out with the least amount of damage.
First of all, even though this might sound very strange, in these situations the financial institutions will help you avoid foreclosure. there are many reasons why they do this, but to keep it short, it will cost them too much money to repossess your home and sell it afterwards.
As we all know, our credit history is very important, because it can affect your life in more ways than you think. Some workplaces check your financial background when they want to hire you in order to have an opinion about you as a future employee. if you find yourself in a situation when you need to avoid foreclosure, you need to embrace every chance you have to succeed.
Foreclosure is one of the most damaging occurrences that can show up in a person’s credit history. But if you want to know how you can avoid foreclosure, read the rest of this article for advice that can keep your credit history above the floating line.
Bankruptcy is never an option when you are facing foreclosure. if you declare bankruptcy, then you will not only have a foreclosure on your credit report, but this will also be there forever. other solutions might come in handy when it comes to saving your credit history.
As it was pointed out afore, talk to your lender for the options you may have. Instead of declaring bankruptcy, you should look to a refinancing plan. this can help lower your payments, but it will extend your repayment period and it will keep you financially clean.
You also have the option of selling your house in order to pay out the mortgage before this becomes a permanent record on your history. Contact your lender, explain your situation, and use this alternative which is far better than declaring bankruptcy.
You can also solicit forbearance. the financial institution grants you a period of time when you won’t have to make the payments, after which you might have increased monthly payments. there are various other solutions through which you can avoid foreclosure and bankruptcy and if you want more advice visit foreclosure-radio-help.com.
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by John Frisby • Sep 3rd, 2010 • Category: Civil Liberty, Economics, Ethics, Government Waste, Opinion, Politics
Published September 02, 2010
You own a business, maybe a restaurant. You’ve got a lot to worry about. You have to make sure the food is safe and tastes good, that the place is clean and appealing, that workers are friendly and paid according to a hundred Labor Department and IRS rules.
On top of that, there are rules you might have no idea about.
The bathroom sinks must be a specified height. so must the doorknobs and mirrors. You must have rails. And if these things aren’t right — say, if your mirror is just one inch too high — you could be sued for thousands of dollars.
And be careful. If you fail to let a customer bring a large snake, which he calls his “service animal,” into your restaurant, you could be in trouble.
All of this is because of the well-intentioned Americans With Disabilities Act, which President George H.W. Bush signed 20 years ago. It’s the subject of my Fox Business show this week.
The ADA was popular with Republicans and Democrats. it passed both houses of Congress with overwhelming majorities, 377 to 28 in the House and 91 to 6 in the Senate.
What does it do? the ADA prohibits discrimination against people with disabilities, requiring businesses to provide the disabled “equal access” and to make “reasonable accommodation” for employees. Tax credits and deductions are available for special equipment (talking computers, for instance) and modifying buildings to comply with the accessibility mandate.
The ADA was supposed to help more disabled people find jobs. But did it?
Strangely, no. an MIT study found that employment of disabled men ages 21 to 58 declined after the ADA went into effect. same for women ages 21 to 39.
How could employment among the disabled have declined?
Because the law turns “protected” people into potential lawsuits. most ADA litigation occurs when an employee is fired, so the safest way to avoid those costs is not to hire the disabled in the first place.
Walter Olson, a senior fellow at the Cato Institute and author of the blog, Overlawyered.com, says that the law was unnecessary. many “hire the handicapped” programs existed before the ADA passed. Sadly, now most have been quietly discontinued, probably because of the threat of legal consequences if an employee doesn’t work out.
Under the ADA, Olson notes, fairness does not mean treating disabled people the same as non-disabled people. rather it means accommodating them. in other words, the law requires that people be treated unequally.
The law has also unleashed a landslide of lawsuits by “professional litigants” who file a hundred suits at a time. Disabled people visit businesses to look for violations, but instead of simply asking that a violation be corrected, they partner with lawyers who (legally) extort settlement money from the businesses.
Some disabled people have benefited from changes effected by the ADA, but the costs are rarely accounted for. If a small business has to lay off an employee to afford the added expense of accommodating the disabled, is that a good thing — especially if, say, customers in wheelchairs are rare? Extra-wide bathroom stalls that reduce the overall number of toilets are only some of the unaccounted-for costs of the ADA. And since ADA modification requirements are triggered by renovation, the law could actually discourage businesses from making needed renovations as a way of avoiding the expense.
A few disabled people speak up against the law. Greg Perry, author of “Disabling America: the Unintended Consequences of the Government’s Protection of the Handicapped,” says that because the disabled now represent an added expense to businesses, many resent them.
Finally, the ADA has led to some truly bizarre results. Exxon gave ship captain Joseph Hazelwood a job after he completed alcohol rehab.
Hazelwood then drank too much and let the Exxon Valdez run aground in Alaska. Exxon was sued for allowing it to happen. so Exxon prohibited employees who have had a drug or drinking problem from holding safety-sensitive jobs. the result? You guessed it — employees with a history of alcohol abuse sued under the ADA, demanding their “right” to those jobs. the federal government (Equal Employment Opportunity Commission) supported the employees. Courts are still trying to sort it out.
More money for the parasites.
(My Original Blog Post: http://www.selkblog.com/tips-for-obtaining-deed-in-lieu-of-foreclosure-from-mortgage-lenders/)Tips for Obtaining Deed in Lieu of Foreclosure from Mortgage Lenders
Deed in lieu of foreclosure refers to a special type of agreement offered to borrowers who can no longer afford their mortgage payments. when banks offer deed in lieu, borrowers are allowed to return their home without having to endure the foreclosure process. once contracts are signed banks take immediate possession of the property.
The primary benefit of deed in lieu of foreclosure is borrowers are released from mortgage debt. Debtors vacate the home, return the keys to the lender, and walk away. however, specific protocol must be followed to ensure proper documents are filed and property transfers recorded through the court.
The downside of deed in lieu contracts is they destroy credit. Credit bureaus interpret deed in lieu as foreclosure and this blemish remains on credit reports for up to 10 years. If lenders issue deficiency judgments, deed in lieu could potentially be reported for up to 7 years after the debt is paid in full.
Borrowers should anticipate a FICO score decrease of 100 points or more. in cases of foreclosure and bankruptcy there is little that can be done to repair credit. Initially, deed in lieu is detrimental to FICO scores, but it lessens as time passes. Borrowers can build positive credit by paying debts on time.
Deed in lieu agreements are entered into on a voluntary basis. To be legally binding, contracts must be executed, signed by borrowers and their servicing lender, notarized, and submitted through the courts. This is referred to as Parole Evidence Rule which protects mortgage lenders in the event borrowers later claim they were pressured by the bank to enter into a deed in lieu contract.
Borrowers must adhere to certain criteria set forth by the bank. only properties that are owner occupied qualify for deed in lieu of foreclosure. Investment properties and vacation homes are exempt and do not qualify. Banks usually do not offer deed in lieu when borrowers owe more than the appraised property value.
Mortgage financiers will not entertain the option of deed in lieu until borrowers are at least 31 days delinquent. most banks reserve deed in lieu of foreclosure as a last resort and usually offer borrowers the option of loan modification, mortgage refinance or forbearance agreement first.
Borrowers will work with an assigned bank loss mitigator throughout the process. Protocol varies by lender but most require homeowners to submit a foreclosure hardship letter, along with proof they are financially insolvent.
Many banks issue deficiency judgments which hold borrowers responsible for the difference between their loan balance and property sale price. If a borrower owed 0,000 and the bank sells the property for ,000 the previous homeowner must pay the bank ,000. Obviously this is the worst case scenario.
Always negotiate with lenders to obtain a 'Payment in Full' deed in lieu agreement which releases borrowers from the home without owing additional funds. If necessary, retain the services of a real estate lawyer or foreclosure specialist to negotiate on your behalf.
Tips for Obtaining Deed in Lieu of Foreclosure from Mortgage Lenders