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Mass. State Court Voids Home Sale Due to Improper Foreclosure

Foreclosure ImageA Massachusetts man lost something he never had – his home. The Masachusetts Supreme Judicial Court ruled this week that when Francis Bevilacqua purchased the home from U.S. Bank in 2006, the bank did not actually hold the home’s title.

The court ruled that because U.S. bank did not hold the mortgage note when it foreclosed on the property, it did not obtain the title in the foreclosure. Therefore, Bevilacqua did not purchase a legal title when he made the purchase.

In its ruling in Bevilacqua v. Rodriguez, the court referenced a case tried in the same court last January, U.S. Bank, N.A. v. Ibanez, in which the court ruled that if a bank cannot provide proof it owns the mortgage note, any foreclosure filings it initiates are void.

The Ibanez case, however, simply involved a foreclosure action. Bevilacqua extends that ruling to instances when a new homeowner has already purchased the property. (more…)

Bulldozers may be a remedy to the ailing housing market.

There are around 1.6 million homes in the U.S. in foreclosure or close to foreclosure, and the inventory of bank owned homes continues to grow. Market economists fear that a steady stream of home sales from banks may depress prices for years to come.

However, there is a chance that many of these bank owned homes may never hit the market. Banks are increasingly turning to demolition teams instead of real estate agents to dispose of many of the nearly worthless properties. Bank of America recently announced plans to demolish over 90 foreclosed homes in the Cleveland area. They will then donate the land to the local government authorities. Bank of America says that their donations in Cleveland are part of a larger plan to dispose of un saleable properties. According to a company spokesperson, these homes are worth less than $10,000. Bank of America has already donated homes in Detroit and in Chicago, and plans to do the same in other cities by the end of the year.

Many other banks are also increasing their efforts to dispose of their unwanted homes. Fannie Mae has a program to sell houses to local municipalities for around a few hundred dollars. Wells Fargo has donated 800 homes to be demolished since 2009. JPMorgan Chase is one of the first banks to begin donating houses it couldn’t sell, or identified as un repairable. Since 2008, the JPMorgan has donated or sold at a discount 1,900 houses to cities and county authorities. (more…)

CoreLogic

Home Prices Down 7.4 Percent

Home prices in the U.S. increased by 0.8 percent in May 2011 compared to April 2011, the second consecutive month-over-month increase. On a year-over-year basis, home prices declined by 7.4 percent in May 2011 compared to May 2010 after declining by 6.7 percent* in April 2011 compared to April 2010. Excluding distressed sales, year-over-year prices declined by 0.4 percent in May 2011 compared to May 2010 and by 0.8* percent in April 2011 compared to April 2010. Distressed sales include short sales and real estate owned (REO) transactions.

Highlights as of May 2011

  • Including distressed sales, the five states with the highest appreciation were: New York (+4.4 percent), Vermont (+3.9 percent), North Dakota (+3.8 percent), Hawaii (+2.5 percent) and the District of Columbia (+0.5 percent).
  • Including distressed sales, the five states with the greatest depreciation were: Idaho (-16.4 percent), Michigan (-12.9 percent), Arizona (-12.1 percent), Illinois (-11.8 percent) and Nevada (-11.6 percent).
  • Excluding distressed sales, the five states with the highest appreciation were: West Virginia (+10.1 percent), Hawaii (+9.0 percent), North Dakota (+8.6 percent), Vermont (+6.3 percent) and New York (+6.1 percent).
  • Excluding distressed sales, the five states with the greatest depreciation were: Nevada (-9.8 percent), Idaho (-7.9 percent), Arizona (-7.0 percent), South Dakota (-6.1 percent) and Minnesota (-5.0 percent).
  • Including distressed transactions, the peak-to-current change in the national HPI (from April 2006 to May 2011) was -32.7 percent. Excluding distressed transactions, the peak-to-current change in the HPI for the same period was -21.2 percent.
  • Of the top 100 Core Based Statistical Areas (CBSAs) measured by population, 91* are showing year-over-year declines in May, unchanged from April.

"Two consecutive months of month-over-month growth and continued relative strength in the non-distressed market segment are positive seasonal signs in the housing market. Slowly declining shadow inventory and stabilized negative equity levels are also positive signs." said Mark Fleming, chief economist with CoreLogic. "Nonetheless, the fragile economic recovery is still critical to the long-term recovery in the housing market." © 2011 CoreLogic. All rights reserved. http://www.corelogic.com/

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