More and more major lenders have suspended the foreclosure process in several parts of the US so to have the time to review their paperwork. There have been an increasing number of cases where the original paperwork by the bank proved to be inadequate and was challenged in court by the home owner during the foreclosure process. Whenever the paperwork was found to be faulty by the judge, the foreclosure case was dismissed and the bank had to find a way to negotiate its way out by giving concessions to the owner.
Aside from slowing down the whole foreclosure procedure, this actually led to the impossibility of actually foreclosing on a number of properties and additional loss for the bank which was unable to collect on its loan and was also unable to acquire the property that was originally provided as a security for the loan. The faulty paperwork “scandal” was the result of the automated underwriting procedures that were used during the heydays of the residential real estate bubble and also from the slicing and dicing of mortgages multiple times with external investors, messing up the paperwork trail.
Now several major banks have begun a major revision of their paperwork so to make sure they are able to foreclose “before” they actually start their foreclosure procedure. This will give more time to troubled home owners that will be able to stay in their house longer, waiting for this review process to complete. It will also reduce significantly the number of bank owned properties available on the market, causing probably a temporary recovery on prices, although it will have the long term effect of prolonging the time needed to clear the foreclosure glut.
There are three possible outcomes that are being predicted by experts:
1. The review will clear up technical flaws in the paper trail and will allow banks to proceed faster with the suspended foreclosures once the paperwork is straight.
2. The outcome will be negative and banks will be tied up for a while cleaning their paperwork, delaying the full recovery of the market.
3. Title companies will refuse to insure foreclosed properties because of potential clouds on title and this will completely freeze the glut for a while.
For one thing, the lending process will continue to be slow and complex until these issues are completely solved and both the banks and the home buyers will have restored full confidence in the solidity of foreclosed homes’ titles and in the stability of the market.
Roberto Mazzoni





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