South Florida Foreclosure Filings Drop 49% in Q-2

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According to a new report by Condo Vultures, lenders filed 49 percent fewer foreclosure actions against borrowers in the tricounty South Florida region in the second quarter of 2010 compared to a year earlier.

Banks initiated about 14,500 foreclosure actions in Miami-Dade, Broward, and Palm Beach counties between April and June of 2010 compared to about 28,400 foreclosure actions initiated during the same three-month span of 2009, according to the report based on the Condo Vultures.

For the year, South Florida foreclosure filings are down 34 percent to 34,500 in the first six months of 2010 compared to about 52,200 actions in 2009, 37,800 actions in 2008, and 8,000 actions in 2007, according to the report based on Clerk of the Court records in Miami-Dade, Broward, and Palm Beach counties.

"Lenders filed an average of 190 foreclosure actions per calendar day in the first half of 2010," said Peter Zalewski, a principal with the Bal Harbour, Fla.-based Condo Vultures LLC. "As high as the current number seems, the pace is down significantly from recent years when a daily average of 288 actions were filed in 2009 and 209 actions in 2008. Prior to the real estate crash, lenders filed fewer than 50 foreclosure actions per calendar day."  

Since 2007, lenders have filed more than 240,000 foreclosures actions in the tricounty South Florida region. Lenders normally file a foreclosure action - also known as a Lis Pendens or notice of default - when borrowers fall 90 days behind on their monthly mortgage payments.

At the current pace, South Florida would experience less than 70,000 foreclosure actions in all of 2010. South Florida's foreclosure filings jumped from 33,000 actions in 2007 to 76,000 in 2008 before reaching 97,000 in 2009, according to the Condo Vultures.

In Miami-Dade County, where Aventura, Key Biscayne, and Miami Beach are located, the number of foreclosure filings is down 48 percent to 8,000 in the first half of 2010. In previous years for the same period, the county experienced 15,300 filings in 2009, 10,300 filings in 2008, and 3,700 filings in 2007.

In Broward County, where Fort Lauderdale, Hollywood, and Pompano Beach are located, foreclosure filings are down 33 percent to about 15,700 actions in the first half of 2010 compared to about 23,300 actions in 2009 and 16,700 actions in 2008. Back in 2007, there were about 2,800 foreclosure filings in Broward in the first six months of that year.

In Palm Beach County, where Boca Raton, Delray Beach, and West Palm Beach are located, the number of foreclosure actions is down 21 percent to 10,800 in the first half of this year. By comparison, foreclosure actions totaled more than 13,500 in 2009, about 10,800 in 2008, and nearly 1,500 in 2007, according to Condo Vultures.

Economics and new government directives are having a slowing effect on South Florida foreclosures.

At the start of the housing crash in 2007, lenders estimated the typical foreclosure would take about six months to repossess a property at a cost of about $40,000 in the loss of debt service, damage, court courts, and attorney's fees. By 2009 as the foreclosure filings were spiking, the process extended out to an average of 18 months with an estimated cost of at least $100,000 per repossession, industry watchers said.

The additional costs and length of time necessary to repossess a property resulted from a variety of reasons, including new legislation and directives requiring lenders to work with borrowers to attempt to modify mortgages in hopes of keeping primary users in their homes. The government directors were prompted by the devastating economic downturn that impacted many borrowers who lost jobs as unemployment rate topped 10 percent and home values dropped dramatically.

Another contributing factor to the decrease in the foreclosure filings is simply the cost involved with repossessing a property compared to completing a short sale, where a borrower unloads a property with a bank's approval at a price below the outstanding loan amount. Lenders have found that once a property is finally repossessed, the bank-owned residence often times sells at the same price as a short sale.

A series of new Florida laws pertaining to condominium units are expected to encourage even more short sales instead of foreclosures.

As of July 2010, lenders are now responsible for paying 12 months - twice as long as previously - of past due condo association fees upon repossessing a property. Under the old legislation, only six months of past due association fees were required to be paid by the lender of a repossessed property.

"The South Florida real estate market is really at a crossroads right now," Zalewski said. "The unknown is whether another wave of foreclosures is coming down the pike given that a number of exotic mortgages are in the process of resetting this year."
 

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