RealtyTrac: Evictions Ease Following Foreclosure Moratoriums. New Defaults Trending Lower
Foreclosure activity took a
nosedive in November, reflecting both an expected seasonal lull and foreclosure
moratoriums that were imposed by several of the major servicers.
RealtyTrac reports that
foreclosure filings in November dropped 21 percent vs. filings in October. This is a 14 percent decline from November 2009.
A total of 262,339 U.S. properties,
one in every 492 housing units, were the subject of a foreclosure filing during
the month. Both the 21 percent
month-over-month decrease and 14 percent year-over-year decrease in foreclosure
activity were the largest drop offs recorded since RealtyTrac began publishing its
figures in January 2005.
RealtyTrac, an Irvine California
company, compiles a U.S. Foreclosure Market Report each month by tracking
documents filed in all three stages of foreclosure:
- Notice of
Default (NOD) and Lis Pendens (LIS). This is the first legal notification from a
lender that the borrower on a mortgage loan has defaulted under the terms of
their mortgage and the lender intends to foreclose unless the loan is brought
current.
- Auction - Notice
of Trustee Sale and Notice of Foreclosure Sale (NTS and NFS): if the borrower does not
catch up on their payments the lender will file a notice of sale (the lender
intends to sell the property). This notice is published in local paper and
contains information pertaining to the date, time and subject property address.
- Real Estate
Owned or REO properties : "REO" stands for "real estate owned" and
typically refers to the inventory of real estate that banks and mortgage
companies have foreclosed on and subsequently purchased through the foreclosure
auction if there was no offer higher than the minimum bid.
Several servicers stopped
foreclosures in early October when they discovered that inappropriate
procedures were being used in some states with the judicial form of foreclosure
which requires court approval. The
problems involved so-called robo-signing, the mass processing of required
affidavits without check for proper underlying documentation. Only 23 states
were initially involved but some servicers ultimately stopped the process
nationwide. In most cases this directly
affected the later stages of foreclosure, but filings in November were down
across the board.
In the earliest stage of
the foreclosure process, initial default notices - NOD or LIS - were filed on a
total of 78,955 properties. This was a
decrease of 21 percent from October and 31 percent less than the level one year
earlier. November was the 10th
straight month that the numbers of default notices has fallen and the total was
the lowest since July 2007. In judicial
foreclosure states default notices were 31 percent lower than in October and 43
percent below levels a year earlier. In
non-judicial states the decreases were 9 and 12 percent respectively.
Auctions were scheduled for
the first time on 115,956 properties, down 16 percent from October and
unchanged from one year earlier. In
judicial states there were 34 percent fewer auctions scheduled than in the
previous month and 12 percent less than one year earlier. In non-judicial states there was a
month-to-month drop of 7 percent but scheduled auctions were up 5 percent since
November 2009.
Actual foreclosures were
conducted on 67,428 properties, the fewest since May 2009. This was 28 percent below the October level
and 12 percent fewer than in November 2009.
Foreclosures this year already total 980,000, above the record high 2009
total.
"Foreclosure activity
decreased dramatically in November, with fewer than 300,000 properties
receiving a foreclosure notice for the first time since February 2009," said
James J. Saccacio, chief executive officer at RealtyTrac. "While part of the
decrease can be attributed to a seasonal drop of 7 to 10 percent that typically
occurs in November, fallout from the foreclosure robo-signing controversy
forced lenders and servicers to hit the pause button on many foreclosures while
they scrambled to revamp their internal procedures and revise or resubmit
questionable paperwork."
As usual, Nevada had the
highest foreclosure rate in the country.
Activity decreased 20 percent during the month (Nevada is a non-judicial
state) but one in every 99 housing units in the state received a foreclosure
filing during the month. This is the 47th
straight month that Nevada has led the nation in foreclosure activity.
Arizona, Florida,
California, and Michigan which have also been among the top five states in
foreclosure activity for many months all dropped from October totals while Utah,
a state where both forms of foreclosure are used, jumped from sixth ranked to
second in a month with an increase in filings of over 17 percent. One of every 221 housing units in the state
received a foreclosure filing in November.
California, another non-judicial
state, had a decrease of 14 percent from October and was down 22 percent from
the year before but still ranked third nationwide with one in every 233 houses
receiving a filing. California, with
57,378 filings, accounted for 22
percent of the total filings in the nation.
Activity in Arizona where
both judicial and non-judicial foreclosures are used decreased dramatically in
November. Filings were down 37 percent
from October levels and 28 percent year-over-year. The state long ranked second or third, is now
fourth with filings on one in every 262 households.
The remaining states in the
top ten in foreclosure activity were Florida, Georgia, Michigan, Idaho,
Illinois, and Colorado.