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2010-10-14 04:56:42
By ALEX VEIGA, AP Real Estate Writer Alex Veiga, Ap Real Estate Writer 2 hrs
32 mins ago
LOS ANGELES Lenders seized more U.S. homes this summer than in any
three-month stretch since the housing market began to bust in 2006. But many of
the foreclosures may be challenged in court later because of allegations that
banks evicted people without reading the documents.
A total of 288,345 properties were lost to foreclosure in the July-September
quarter, according to data released Thursday by RealtyTrac Inc., a foreclosure
listing service. That's up from nearly 270,000 in the second quarter, the
previous high point in the firm's records dating back to 2005.
Banks have seized more than 816,000 homes through the first nine months of the
year and had been on pace to seize 1.2 million by the end of 2010. But fewer
are expected now that several major lenders have suspended foreclosures and
sales of repossessed homes until they can sort out the foreclosure-documents
mess.
On Wednesday, officials in 50 states and the District of Columbia launched a
joint investigation into the matter.
Rick Sharga, a senior vice president at RealtyTrac, noted that legal challenges
are likely. But he doubts many will be successful in overturning foreclosures.
He said he expects foreclosures to resume and predicts about 1 million homes
will be taken back this year.
"The bottom line is not that those properties won't be repossessed," Sharga
said. "They simply won't be repossessed as quickly. We're simply delaying the
inevitable."
Experts say if lenders resume foreclosures in a couple of months or so, the
delay will amount to a temporary lull followed by a spike in home repossessions
early next year.
But if the crisis drags on for months and more lenders stop seizing homes, the
foreclosure delays could last well into next year. That could have a severe
effect on home sales and prices.
A freeze in foreclosure sales between now and December by a majority of lenders
could amount to removing 30 percent of all home sales for that period, Sharga
suggests.
"You would virtually guarantee that tens of thousands of properties would miss
going to market in time for the spring, which is the peak buying season for
real estate," Sharga said.
Nearly 600,000 bank-owned homes are not yet on the market, according to
RealtyTrac.
The states most affected by the foreclosure freeze accounted for 40 percent of
all foreclosure activity in the third quarter and 36 percent of homes taken
back by lenders, the firm estimates. Sales of homes by lenders made up 18
percent of all U.S. home sales in September, the firm said.
Other experts say delays from the foreclosure documents problem won't end up
having a huge impact on home sales or housing values.
Foreclosed homes that would have been sold by lenders now will be sold seven or
eight months from now, and prices will start going declining about 3 percent to
4 percent nationally, on average, when those sales take place, said Andres
Carbacho-Burgos, an economist at Moody's Economy.com.
That's good news if you're a homeowner looking to sell in the near term,
because there won't be as much competition from deeply discounted foreclosed
properties, Carbacho-Burgos said.
"But if you were looking to sell further down the line, that's not so good
news," he said.
Economic woes, such as unemployment or reduced income, continue to be the main
catalysts for foreclosures this year.
While bank repossessions rose in the third quarter, new defaults continued to
decline.
Some 269,647 properties received default notices, the first step in the
foreclosure process, down 1 percent from the second quarter and down 21 percent
from the same period last year, according to RealtyTrac, which tracks notices
for defaults, scheduled home auctions and home repossessions.
In all, 930,437 homeowners received a foreclosure-related warning between July
and September, up nearly 4 percent from the second quarter but down 1 percent
from the same period last year, RealtyTrac said. The latest tally translates to
one in 139 U.S. homes.