Mortgage Industry Warms to Obama's Foreclosure Relief Plan

Cities across the country say they are seeing a disturbing new practice when it comes to foreclosures – more and more, banks are opting not to take possession of foreclosed properties because the costs of maintenance, repairs, and legal fees outweigh the still-declining value of the property.
According to a New York Times report published over the weekend, these bank walkaways, as they are being called, are spreading through cities across the nation, from Jacksonville, Florida, to South Bend, Indiana, and Kansas City, Missouri.
In Buffalo, New York, the Times reports that the problem has reached “epidemic” proportions in recent months. In fact, the city of Buffalo has brought a lawsuit against 37 different banks, the newspaper said, claiming they are responsible for the deterioration of more than 57 abandoned homes because they “walked away” from taking ownership of and maintaining the properties following foreclosure proceedings.
Kermit Lind, a clinical professor at the Cleveland-Marshall College of Law and an expert on foreclosure law, told the Times, “It [bank walkaways] is what some of us think is the next wave of the crisis.”
According to the Times, experts suggest the bank walkaways are most visible in states where foreclosures are processed through the courts and therefore tend to be more transparent, but roughly half of the states allow foreclosures to proceed without court intervention, making it difficult to accurately count the number of bank walkaways in recent months.
While a walkaway may be the most cost-effective option for banks in today's market – given the fact that lenders can lose up to 50 percent of their investment in a foreclosure – it offers little assistance to the homeowners, who are still on the title and therefore legally responsible for the property's upkeep under city ordinances. In addition, the homeowner is usually unaware of the bank's decision not to repossess the home until after the home has already been sitting vacant, leaving it vulnerable to vandalism and contributing to neighborhood blight.
Larry Rothenberg, a lawyer for creditors' rights firm Weltman, Weinberg & Reis, explained to the Times, “Oftentimes when the foreclosure starts out, it’s a viable property, but by the time it gets to a sheriff’s sale, it might not have enough value to justify further expense. We’ve always had cases where property was vandalized or lost value, but they were rare compared to these times.”

Rob Alley, Realtor
The Avery Group at Roy Wheeler
540-250-3275
roballey@roywheeler.com
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