Tampa-St. Petersburg-Clearwater, FL – Tropic Shores, Realtor Tina Fingerman Announces the next big news in Foreclosure Fraud, Robo Signing. Robo Signing and Fraudulent foreclosure practices by Big Banks and Foreclosure Mills is effecting all aspects of the real estate market in Hernando County and the rest of the country.
We have all heard about the foreclosure crisis over the past few years, but now it seems to have taken on a new twist. With all the latest news coming out, it now seems that some of the largest banks in the country have been practicing in arena of fraudulently foreclosing on property. It is not clear if the banks themselves had any knowledge of what was happening, but one thing is clear for sure. Many times over documents that were forged to appear to be signed by the borrower were used in foreclosure proceedings in order to expedite the foreclosure process and get the home owner out of their home. The issue is that many banks, including Fannie Mae and also Freddie Mac have been using what has been dubbed as “foreclosure mills” in order to expedite the foreclosure process. Foreclosure mills are large Attorney firms that specialize in the foreclosure process. Well as it turns out, it appears that due to the large volume of foreclosures that they receive, they were simply filling in the blanks and completing paper work and other documents that would otherwise have required a borrower’s signature. That sounds ok, except for the fact that they and not the borrower were signing these documents, including any missing or needed affidavits.
So what does all that mean to the rest of us? Well several things really. First of all, if you are facing foreclosure, it is important to know that you have some rights. It is also important to know that some of the documentation being used to foreclose on your property may not be correct. In these cases, if you can discover this, you may have legal recourse to remain in your home longer or to even possibly have the foreclosure process dismissed without prejudice. It is probably a good idea to go over your case with an experienced real estate Attorney who can review your file and then properly advise you of any improper action and or paper work from the foreclosing lender. You may or may not have the resources to retain the Attorney, however the consultation itself in many cases may be free or a reasonable and nominal fee. Even if you do not retain the lawyer, you probably will walk away from meeting a little better informed and better equipped to deal with the bank and legal situation you find yourself in. It is also important to know this if you are negotiating a Loan Modification with your bank. Particularly since as of right now, most of the larger banks are putting a moratorium on foreclosing due to investigations into the foreclosure process and whether or not fraud exists in that process on the part of the bank or its affiliates. Knowing that in itself can give you a powerful negotiation stand point when trying to modify your mortgage in the current and still developing environment.
Now, that there is the possibility of fraud in foreclosure practices, what’s next? Well in the short term as mentioned above, there is a moratorium on foreclosures by some of the largest banks in the country. These banks are conducting investigations into the foreclosure process and are making sure that everything is up to snuff. Although they tend to play it down, or perhaps even do this under the impression that they are protecting the consumer from any wrong doing, what they are really doing is covering their butts. The difficulty of wrongful foreclosure processes opens up many issues for banks. For one, if a homeowner is foreclosed through a process that involved any type of fraud, then that home owner may have legitimate recourse against the foreclosing lender. Also it is now coming to light that in many cases, the foreclosure process was conducted by a 3rd party servicer. Sounds like no big deal right? Well if you consider that the 3rd party servicer may not have been the legal owner of the actual note, then that party never truly had the right to foreclose! This issue is huge and wreaking havoc on pending home sales and even properties that are currently listed as REO’s with listing agents who have been hired by the bank as the seller to market and sell the property. When you consider that foreclosure listing in Spring Hill Florida currently make up a huge portion of available inventory, the ramifications to this little mess are huge. Imagine if you are purchasing a home that you really love. You have spent money on all your inspections and appraisals, and then just before you are ready to close, bam the bank halts the sale because this is one of those properties that may have been illegally foreclosed. They will offer a refund of the escrow deposit, but more than likely all of the other money spent is now lost. In some cases, the bank may offer an extension to the contract but that just leaves a buyer in limbo since no actual closing time can be established at that time.
When you consider the added stress of a buyer giving notice to a landlord and hiring movers expecting to move in to the new home, this can cause major issues to a buyer who is on the wrong side of this transaction. Buyer should make sure that their agent performs all the necessary due diligence prior to engaging in any transaction where the subject property is a foreclosure sale to avoid these issues coming up later in the transaction. These current developing events make it more important than ever to make sure a buyer retains their services of an experiences agent who is familiar with distressed property and all the issue these sales can raise. It’s equally important to have all the title work and title commitments thoroughly reviewed by a professional Realtor and possibly even an Attorney to make sure that no exclusions to the title policy exist that would inhibit the buyer’s ability to raise a claim later.
In light of the current developments, there are stories coming up in different parts of the country where these practices have caused a break in the chain of title. Because some of these foreclosures were brought by 3rd party servicers who may not have legally owned the note, making the foreclosure itself faulted, there are cases now where the foreclosure is being challenged after the home owner has been evicted. In a recent development in California, a home owner was foreclosed and evicted. The home was then resold to an investor, who subsequently remodeled the home and spent over $40,000.00 in repairs. He then re-listed the home and sold it to another couple. Days before the next closing, the original owners Attorney found flaw with the entire foreclosure process, and the original owner has now taken back possession of their home and moved back in. This is causing a huge problem for the individual who purchased the home and spent money on the rehab. It also caused a huge problem for the original owner who was improperly evicted and foreclosed upon. Of course it’s surely an issue for the new buyer as well. The litigation of a case like this can take anywhere from months to years, in the meantime leaving all parties in limbo. There are other similar cases cropping up, and it is expected that more litigation will occur across the country.
Purchasing a foreclosure in Spring Hill Florida and other areas around the country can be a great way to save money and buy a home that is undervalued even in today’s market place. Potential buyers should take great care in selecting the right team of Real Estate Professionals when buying property in Spring Hill FL and other areas, including Realtor, Lender, Title Company, and in some cases Attorney’s. Now more than ever it is important to have the right professionals represent a buyer. Performing proper due diligence can make the difference between closing and owning your new dream home or being left out in the cold while all the other parties debate the issues in civil court. To avoid these issues, buyers should be encouraged to research their Real Estate agent in Spring Hill very carefully and make proper decisions with regard to representation.
Never before has the statement of buyer beware been more accurate. Buyers should not be discouraged from taking the leap and buying a home. With the decline in prices and rates being at the lowest point since about 1971 there has never been a better time to purchase a home in Spring Hill. Rather they should be taking more care in the selection of who represents them, and educate themselves with regard to the potential pitfalls that can be associated with buying distressed properties. Of course, if you can negotiate a great deal on a home that is owned by a private person rather than a bank none of the above issues would apply.
For more information regarding foreclosures and the Real Estate Market visit http://www.Hernandocountymlssearch.com