http://www.waltonsun.com/news/inventory_1935___article.html/walton_rosa.html
July's preliminary figures are in, and for what appears to be the first time in several years, foreclosure filings are no longer going up, up, up.
Filing of the form known as "lis pendens" signals the start of the foreclosure process.
Since May in Okaloosa, Santa Rosa and Walton counties, those filings have begun to taper off slightly. Okaloosa is down 14 percent and Walton has dipped 13 percent, while Santa Rosa is up just 4 percent.
News of this development was met cautiously in local banking and real estate circles, where local executives have been speaking recently of "bumping along the bottom."
"It seems to be some stabilization and the beginning of an improvement," said Bob Bennett of First City Bank. "Hopefully, we're getting that traction and we can start on the upward slope. ... But there are so many different factors at work with the national economy."
Gloria Frazier, owner and broker of ERA American Realty of Northwest Florida, offered two theories on what the recent numbers indicate.
"Hopefully, this does mean we're coming out of this slump and the bottom is here, or almost here," Frazier said. "Second, there could be more short sales that are going through. ... But either way ... I think it's a reason to be cautiously optimistic about the future."
Short sales involve the bank or mortgage company forgiving a certain amount of debt and allowing the house to be sold for less than its original price.
When that process began in recent years, the theory worked better than the practice, which turned out to be complicated and often dragged on for months.
"A year ago, the lenders didn't have the process down as well as they do today," said Carmella Bell of ResortQuest's real estate division. "It's more streamlined now and they have procedures to follow. That could have a lot to do with stabilization of lis pendens. ... Hopefully, people who are upside down in their mortgages are not waiting to ask for help ... and lenders are better prepared."
Even people who are not financially troubled and are trying to sell a home have come to dread the words "too much inventory" when it comes to what's on the market.
Data from the Emerald Coast Association of Realtors' Multiple Listing Service reflects a slight decline in inventory from January through July in Okaloosa, Santa Rosa and Walton counties.
In Okaloosa, there were 1,394 fewer homes on the market during the first seven months of this year than the same period in 2007. In Santa Rosa, that number was 364 fewer. In Walton, the number was down by 1,066.
"It is also encouraging to note the average inventory of the three counties combined has decreased approximately 12 percent from 2007 to 2008," Bell wrote in an e-mail. "Albeit slight, this reduction in the inventory shows signs of a stabilizing market."
As the housing bubble grew in the early part of this decade, prices reached levels that previously were unimagined. But the aftermath of the bubble bursting appears to have introduced sellers to reality.
"Many have reduced their price to a more reasonable listing, hoping to meet market demand," Bell wrote in her e-mail. "Or, if the market isn't demanding the price they want, some have decided to withdraw their property from the market and hold it for a while."
Brian Robinson of ResortQuest's mortgage division agreed.
"It's still a buyer's market, because more realistic pricing is where it needs to be," Robinson said. "You won't see a lot of 100-percent financing. People need that 10 percent or 20 percent down to get more skin in the game. That's reality. And I'm also hearing from people who have been vacationing in condos here for years who can finally afford to buy where they've been renting."
Mike Roche of Northstar Mortgage Group had a similar take.
"Have we come to a bottom? Are we starting to move or whatever? Nobody's got that crystal ball," Roche said. "But we're getting more applications for loans and that's a very good sign. Now's the time to buy when there's inventory out there and rates are still low (below 7 percent). So many buyers were screaming two years ago, ?It's a seller's market.' Well, it's our time now."
Replies
38Beach Fanatic
I saw a home originally listed at $598,900 that had been reduced to $597,900. That represents the clearest sign of a bottom I have seen yet. :funn:
Banned
So what do you think the strategy is?
Does this mean that the Watercolor HOA is planning to foreclose on 60 properties and pay off 70 million dollars worth of 1st position mortgages in order to get their $80,000 of HOA dues? I just can't figure out why they are paying Shipman, et al to pursue this course of action. Doesn't this mean that some of the builders who have 3 or more lis pendens are actually going to gain relief of their 1st mortgage?
Paging ScooterBug. Please share some of your wisdom about Watercolor.
I was told by the lawyer that if we (the HOA) force foreclosure we had better be willing to purchase the property on the steps. Most HOA do not need another liability. We were told that we could go after the owner - personally - for the money owed. This would work in the case that the owner is trying to walk from the property but still has a lot of other assets. But that will cost the HOS money to try and pursue this through the courts - Catch 22
Does this mean that the Watercolor HOA is planning to foreclose on 60 properties and pay off 70 million dollars worth of 1st position mortgages in order to get their $80,000 of HOA dues? I just can't figure out why they are paying Shipman, et al to pursue this course of action. Doesn't this mean that some of the builders who have 3 or more lis pendens are actually going to gain relief of their 1st mortgage?
Paging ScooterBug. Please share some of your wisdom about Watercolor.
Beach Fanatic
Does this mean that the Watercolor HOA is planning to foreclose on 60 properties and pay off 70 million dollars worth of 1st position mortgages in order to get their $80,000 of HOA dues? I just can't figure out why they are paying Shipman, et al to pursue this course of action. Doesn't this mean that some of the builders who have 3 or more lis pendens are actually going to gain relief of their 1st mortgage?
Paging ScooterBug. Please share some of your wisdom about Watercolor.
I don't think the HOA is considering foreclosing. I just think they are putting their claim out there to make sure it is satisified when/if the home is sold. Not sure how it will work in a foreclosure situation.
Also, the passed due fees at a clip of $1000 per quarter more than likely totals moe than $250k, not $80k. With 60 +/- homeowners not paying dues, the HOA is losing $60k per quarter
in fees. Anyone from any of these HOA's have an idea of the amount of passed due HOA fees?Meow
I don't think the HOA is considering foreclosing. I just think they are putting their claim out there to make sure it is satisified when/if the home is sold. Not sure how it will work in a foreclosure situation.
Also, the passed due fees at a clip of $1000 per quarter more than likely totals moe than $250k, not $80k. With 60 +/- homeowners not paying dues, the HOA is losing $60k per quarterin fees. Anyone from any of these HOA's have an idea of the amount of passed due HOA fees?
I can tell you the Town Center (condo) dues are much more than $1,000 a quarter. We have different circumstances.
Banned
I don't think the HOA is considering foreclosing. I just think they are putting their claim out there to make sure it is satisified when/if the home is sold. Not sure how it will work in a foreclosure situation.
Also, the passed due fees at a clip of $1000 per quarter more than likely totals moe than $250k, not $80k. With 60 +/- homeowners not paying dues, the HOA is losing $60k per quarterin fees. Anyone from any of these HOA's have an idea of the amount of passed due HOA fees?
The Official Records show that the Watercolor HOA is foreclosing upon their liens for HOA dues. I live in Watercolor and own properties in Watersound and know that there are a lot of common community expense so I understand their "lifeblood of the community" position.
When I research the foreclosure of a second position lien it looks like the Plaintiff is looking to take possession by buying the property from the first lien holder. It sounds like the Defendant gets their 1st mortgage satisfied.
This can't be correct.

SoWal Insider
Go get'em with claws bared.
Liens indicate more trouble to come in paradise--rough number of liens filed by HOA over the last 12 months or so-
watercolor-60
watersound-30
rosemary-30
the preserve-15
cypress dunes-15
seacrest-30
hoa's may or may not be able to collect. the bigger issue here is the potential for many, many more foreclosures to come.
Liens don't automatically turn into foreclosure, taking the action further is up to the Board. I'd bet they are just getting the liens in there in an effort to collect as much as they can at some point.
From around 2/08 - today, watercolor has filed about 13 LisPen filings, most in the last 3 months. From 6/2007 to 1/2008 they filed none. So I think they are in new teritory here. A number of developers appear to be involved in the LisPens. I looked at one where the owner built via St. Joe. Watercolor filed a lien last year and a year later filed LisPen. The property will go up for auction. How watercolor and the bank work out who takes ownership I'm not sure, but since the property will probably auction for less than owed, the bank will no doubt have the right to refuse any offers. In which case I'd guess they will have to take ownership and sell it.
Edited
SoWal Insider
According to Margo's guide, the bank's loan is superior -
So the bank get's paid first even though they never foreclosed. I'd bet at that point it's just like any other foreclosure, the bank gets the property and puts it on the market. The association gets paid some miniscule component of what is owed to it. I think in cases like this, it's worth WC forcing the hand of the banks that are holding off on foreclosure. They get screwed either way, it's just that by forcing the hand, they push the process through faster and loose less.
The most important part of the foreclosure lawsuit is extinguishing as many
competing interests in the unit as the law allows. Some competing interests
may be superior and others may be subordinate to the Association’s lien.
Competing interests in the unit may include, for example, mortgages, federal
tax liens, construction liens, judgment liens, and leases. The fewer encumbrances
(competing interests) on a unit at the time it is sold, the easier it is to sell, and the
more it is worth to the person buying it at the foreclosure auction. The process
of extinguishing competing interests in the unit is accomplished by naming the
holders of these competing interests as defendants in the foreclosure lawsuit and
proving the Association’s claim of lien is superior to these interests.
So the bank get's paid first even though they never foreclosed. I'd bet at that point it's just like any other foreclosure, the bank gets the property and puts it on the market. The association gets paid some miniscule component of what is owed to it. I think in cases like this, it's worth WC forcing the hand of the banks that are holding off on foreclosure. They get screwed either way, it's just that by forcing the hand, they push the process through faster and loose less.
Edited
Beach Lover
I'm no legal expert but 30a Shopper's view sounds reasonable. By forcing the property into foreclosure, although they may not collect back dues, they have a better chance of collecting future dues sooner.
Banned
I'm no legal expert but 30a Shopper's view sounds reasonable. By forcing the property into foreclosure, although they may not collect back dues, they have a better chance of collecting future dues sooner.
So what we're talking about then is an HOA files a lien. Then the HOA files the lis pens to commence the foreclosure action. The property makes its way through the legal process. If the Owner doesn't satisfy the action prior to the auction the property is sold. If there is sufficient money to payoff the first position the mortgage is satisfied. If there is excess funds they go to the lienholders of lesser priority (HOA, etc.) If there are no excess funds then lienholders of lesser priority make motion to gain a deficiency judgement against the Owner in favor of the HOA. The HOA pursues satisfaction of the judgement.
This sounds very cost prohibitive to our HOA ( us owners ) as a business decision. Is the true strategy to move the property into a parties hands who will pay dues timely? I guess this strategy could be fruitful to the HOA if taken in a portfolio view of the odds that Owners will become current when forced to.
Can anyone inform us what the fees that a Shipman or peer gain from the Action? The ultimate cost seems to be the last piece of the equation.
Thanks
Beach Fanatic
I can tell you the Town Center (condo) dues are much more than $1,000 a quarter. We have different circumstances.
You need bigger claws then!!! Bring em on!
Meow
You need bigger claws then!!! Bring em on!
...I have reconsidered and think I may need your looks and charm for this to be successful!Beach Fanatic
I can tell you the Town Center (condo) dues are much more than $1,000 a quarter. We have different circumstances.
Yes, I believe condos HOA dues in major developments are higher than the general HOA dues because of the need to cover property taxes, insurance, etc on the condos in addition to paying the general HOA dues.
Meow
Yes, I believe condos HOA dues in major developments are higher than the general HOA dues because of the need to cover property taxes, insurance, etc on the condos in addition to paying the general HOA dues.
...you are correct! But, man my taxes sure are lower!Checking your forum account
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