The Florida Association of Realtors recently published a study on the type of foreclosures existing in the State and the characteristics of the people involved in them. The study covers a three year period going from March 2006 to February 2009. It is somewhat dated information, but it helps to shed some light on trends that better explain also the condition of the Florida real estate market today (here is the site that is being used to collect the information http://www.floridafaceofforeclosure.com/).
The research revolves around three types of indicators, all used to monitor the growth of foreclosures:
1) Lis Pendens which is a document recorded in the court house that signals the beginning of the foreclosure process after the owner stopped making payments on his loan (mortgage). When the lis pendes is recorded there are still chances that the situation is rectified and that the owner pays what is due to avoid foreclosure (it seldom happens, though). In the foreclosure phase that follows a lis pendens, which can be fairly long, we can also have an attempt by the owner to renegotiate the loan or we can have a short sale, that is a sale to a new owner for less money than what was owed on the loan by the current owner.

Lis Pendens are growing much more than actual foreclosed properties in Florida according to a research published by the Florida Association of Realtors.
2) Notice of Sale is the second indicator that communicates the end of the foreclosure process and the fact that the property is ready to be sold at a foreclosure auction on a certain date.
3) REO (Real Estate Owned) are the property that have gone back to the bank after the auction and that the bank is placing back on the market for sale.
The three indications have been shifting very differently: Lis Pendens have been going up steadily until July 2008 and then they started to decline, in Florida. Their quantity has been more than three times bigger than the other two indicators, which shows that probably two properties out of three don’t terminate the foreclosure process, but stop much before the notice of sale. It is fairly well known that banks are withholding from the market properties that are ready to complete the foreclosure process so not to glut the market with bank owned houses (here you can read the full report).
So the trend of Notices of Sale has been pretty flat and also REO’s are running kind of scarce. Just to give you some rough figures: in January 2009, Lis Pendens arrived at approx 190,000, while REO and notices of sale where hovering respectively at about 6,000 and 8,000.
This trend, combined with the recent action taken by most banks that are halting foreclosure proceeds, is giving us an abundance of Lis Pendens that are not resulting into a formal foreclosure and an overall stalling or decreasing number of property being offered at auction or as bank owned homes. Prices are kind of stabilizing waiting for the next wave of REO’s and this can be a good time to invest provided you get do your research done as to the soundness of the title of the house you are about to purchase.
Roberto Mazzoni




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