Foreclosure Case Heads To Supreme Court

A South Florida homeowner will have his foreclosure case reviewed by the Florida Supreme Court. Claiming that fraudulent documents were submitted to the court by a law firm handling the foreclosure for The Bank of New York Mellon.



In a case whose outcome could reshape state law the 4th District Court of Appeals has asked the states high court to decide it as a matter of "great public importance". The Supreme Court agreed on Friday April 15th 2011 issuing an order to hear the case.


Roman Pino vs. The Bank of New York Mellon could result in widescale changes to foreclosure cases where there is evidence of fraud in the way that documents have been handled by lenders, servicers and the law firms that represent them. The Appeal Court wrote that in it's request to the high court that "many, many mortgage foreclosures appear tainted with suspect documents".


If the court decides in favor of the homeowner, a resident of Palm Beach County the ruling could affect thousands of foreclosures where there appears to be or there are allegations of fraud and document falsification. This case is being closely watched because The Bank of New York Mellon was represented by a law firm in South Florida that was forced to close last month while under pressure from allegations of fraud, robo signing and false documentation. This firm is one of eight "foreclosure mills" in the state that are under investigation by the State Attorney Generals office for using fraudulent documents. They had handled one in every five foreclosure cases in the state until Fannie Mae and Freddie Mac as well as some lenders, recently decided to
distance themselves from them and stopped giving them business.


The attorney for the homeowner alleged, in this case that his client was the victim of document fraud and that the bank voluntarily dropped the foreclosure case only to refile with another set of documents. He is seeking sanctions againt the lender on behalf of the homeowner claiming that by dismissing the original case they had cut off his fraud claims as well. The Supreme Court should decide if a trial judge should have allowed the homeowners attorney to move forward with fraud allegations before dismissing the case.
 
George E. Sinacori
GES Real Estate LLC

Foreclosure Trends in Palm Beach County

In today's housing market it's no secret that Florida ranks among the top states in foreclosure activity and in property value decline. After a year of government spending, bailouts and intervention that distinction remains unchanged. Last month Florida received the 2nd highest amount of new foreclosure filings nationally, second only to California. Other than steep declines in home values and drastically reduced sales activity little else has changed in the Florida housing market through 2009. Although the new year promises a (different) housing market, current foreclosure trends indicate that the pace of foreclosure activity will continue.

Information obtained through RealtyTrac shows that foreclosure filings over the past 2 months in Palm Beach County, FL have increased. County wide, home prices have declined since June and apparently remained unchanged since September. RealtyTrac reports that 18,096 homes in Palm Beach County received some form of foreclosure filing. Interestingly the greatest value or savings as indicated by foreclosure sale price to average sale price was in Boca Raton where sales trends indicate an average sale price of $244,300 while average foreclosure sale price was $164,750. A difference of 34-35%.

Changes in the short sale process (selling a property for less than what's owed) now scheduled to become effective April 2010 may help some homeowners. Legislation has already been passed simplifying the short sale process by requiring lenders to make the application process uniform from lender to lender thereby reducing the time involved in closing a short sale and hopefully making them a bit more appealing to a ready, willing and able buyer. Many would be buyers shun short sales due to the lengthy process and lack of response by lenders to short sale requests, although when properly submitted the process does work.

If you or anyone you know are interested in buying or selling a property in South East Florida please call 561-306-6736 or email me for a no obligation discussion of todays foreclosure market and the short sale process.