The Florida Supreme Court ruled that mortgage lenders can restart a suspended foreclosure at any time instead of within five years after a borrower defaults.
The court ruled that the five-year statute of limitations for foreclosure cases is dynamic, not static, resetting each month a mortgage borrower remains in default.
Michele Stocker, an attorney in Fort Lauderdale who represents mortgage lenders, told the Tampa Bay Times the state Supreme Court’s decision “effectively removes the unfair notion that people can live in a home for free after an extended period of time. It could help clear out the backlog of cases that have been sitting around for a while.”
The ruling arose from the 10-year-old case of Lewis Bartram, who defaulted on a $650,000 loan secured by a home in Ponte Vedra Beach.
U.S. Bank began foreclosure proceedings against Bartram in 2006, but the case languished because the bank’s law firm, a foreclosure mill headed by attorney David Stern, went out of business.
And get this, the pastor faces a maximum sentence of 90 years for liar loans!
A Florida pastor is facing as much as 90 years in prison after being convicted of defrauding multiple mortgage lenders, the U.S. Attorney’s Office for the Middle District of Florida announced Monday.
According to evidence presented in court, Nelson Cristiano Machado, Jr. “knowingly participated” in a scheme to defraud mortgage lenders by lying about his personal information in order to obtain multiple mortgages.
In a release, the U.S. Attorney’s Office said that Machado, 50, entered into a sale contract for the purchase of two residences in Cape Coral, Florida – one for $509,900, and another for $249,900.
But on his loan applications, Machado “falsely represented” his employment, the balance of his bank account, and falsely declared that each of the homes would be his primary residence, the U.S. Attorney’s Office said.
The Tampa Bay metro area continues to have one of the nation’s largest number of “zombie foreclosures” — vacant homes that banks are repossessing.
According to RealtyTrac, 627 bay area homes in some stage of foreclosure sat empty during the first three months of this year. Among metro areas with at least 100,000 residential properties, Tampa Bay ranked fourth in zombies after New York (3,526), Philadelphia (1,744) and Miami (651).
Compared to the same period last year, however, the number of bay area zombies dropped almost 15 percent. Nationwide, zombies are down 30 percent.
“Lenders have been taking advantage of the strong seller’s market to dispose of lingering foreclosure inventory over the past year,” Daren Blomquist, RealtyTrac’s senior vice president, said in a news release.
The US Treasury on Tuesday called for greater oversight of online lenders, just one day after Lending Club ousted its CEO over faulty loans and conflicts of interest.
The Treasury, led by Jacob Lew, recommended that eight other regulatory agencies, including the Securities and Exchange Commission and the Consumer Financial Protection Bureau, should get together and figure out how they would oversee the relatively new world of online lending.
In addition to stricter oversight, the government agency said there should be more protections for borrowers, according to its “white paper” released on Tuesday.
The answer should be no!
Mortgage loans are out of fashion with some big banks these days because of the high cost of originating a loan. Jamie Dimon, CEO at JPMorgan Chase, openly questioned why the bank is still in the mortgage business in the company’s shareholder letter, citing “increasingly lower returns.”
But lenders looking for better results with other lending products have limited options. As this article in the May issue of the Atlantic shows, the same regulators that have driven up mortgage loan origination costs are now training their sights on payday lenders.
Payday lending rules proposed by the Consumer Financial Protection Bureauwould prevent consumers from re-borrowing to pay the interest on these loans, but has other consequences that hurt both lenders and consumers.
But the industry argues that the (CFPB’s) rules would put it out of business. And while a self-serving howl of pain is precisely what you’d expect from any industry under government fire, this appears, based on the business model, to be true—not only would the regulations eliminate the very loans from which the industry makes its money, but they would also introduce significant new underwriting expenses on every loan.
Daily Business Review –
The Third District Court of Appeal split 6-4 Wednesday when the full court revisited the application of the five-year statute of limitations in mortgage foreclosures with input from a national array of lending and consumer lawyers.
The state appellate court reversed itself after an en banc hearing in a case that pitted Deutsche Bank Trust Co. Americas against homeowner Harry Beauvais and Aqua Master Association Inc. in Miami Beach.
The bank requested a rehearing before the entire court after the Third DCA contradicted a Fifth DCA decision. The Third DCA now agrees with a Fifth DCA ruling that finds a missed mortgage payment after an initial failed foreclosure lawsuit starts a new five-year clock for filing suit.
– See more at: http://stopforeclosurefraud.com/2016/04/13/court-sides-with-lenders-in-prolonged-foreclosure-case/#sthash.6A7A7fZh.dpuf