New protections from foreclosure in NC
AG Cooper backed new law to save homes and communities, stop harassment from debt buyers
Raleigh: North Carolinians who face the loss of their homes through foreclosure or harassment from unfair debt collectors now have new protections under the law, Attorney General Roy Cooper said Thursday.
The Consumer Economic Protection Act of 2009 (CEPA), which Cooper worked with state legislators to enact, will ensure that homeowners and their mortgage lenders have the chance to voluntarily resolve foreclosures. The new law, which starts today, will also protect consumers from an aggressive new breed of debt collectors called debt buyers.
“Losing a home should be a last resort because foreclosures hurt thw whole economy,” Cooper said. “With this new law, homeowners and lenders get more time to rework mortgages so that more families can afford to stay in their homes.”
Court records show that nearly 40,000 North Carolina homes have gone into foreclosure so far in 2009. According to the Center for Responsible Lending, more than 2.2 million North Carolina homeowners will see their property values decline over the next three years because of foreclosures in their neighborhood. Foreclosures hurt lenders as well, costing them an estimated 40 percent of the loan value.
Not all foreclosures can be prevented, but some homeowners are able to work out repayment plans and loan modifications with their mortgage lender or servicer. CEPA requires lenders to explain in detail their efforts to resolve delinquent home loans without resorting to foreclosure. Clerks of Court presiding over a foreclosure hearing now have the authority to ask what steps have been taken to prevent foreclosure and to continue the hearing for up to 60 days to allow homeowners and lenders more time to negotiate a solution.
To give homeowners a fair opportunity to appeal foreclosure orders, CEPA also standardizes the amount of bond required at one percent of the balance due on the loan. Previously, some homeowners were asked to put up a bond worth the entire value of the loan balance in order to be able to appeal their foreclosure.
For free counseling on options to avoid foreclosure, North Carolina homeowners can call a toll-free hotline set up by the NC Commissioner of Banks’ Office. The hotline, 1-866-234-4857, is available from 8:00 AM to 9:00 PM Monday through Friday, and from 8:00 AM to 5:00 PM on Saturdays.
The new law also protects North Carolina consumers from unfair debt collection practices by debt buyers, a new type of debt collector that pursues old debts even when the debts have already been settled or paid.
For example, a debt buyer sued a 65-year-old North Carolina woman, producing billing statements supposedly sent to her at an address in Greensboro. But the consumer, who has lived in the same house for more than 30 years, had never lived in Greensboro.
In another case, a 73-year-old North Carolinian received daily calls from a debt buyer, telling her that she would never be able to buy anything if she didn’t pay them. The account the debt buyer was trying to collect was opened in Ohio, and the woman had never set foot in Ohio. A criminal had stolen her identity years before and been prosecuted and convicted for it, but the debt buyer still filed suit against her over the debt that wasn’t hers.
Under the new law, debt buyers must now prove that they have the right to enforce the debt and be able to verify the amount owed. Debt buyers are also prohibited from filing or threatening to file suit when barred by the statute of limitations.
“Whether you’re a senior on a fixed income or a working family trying to make ends meet, the last thing you need is someone hounding you to pay a debt that you don’t really owe,” Cooper said.
A provision in the original legislation that would have clarified the Attorney General’s Office’s enforcement over investment scams involving securities will be pursued in the next legislative session.
Miami Real Estate by Stuart Drossner
MIAMI HOME PRICES TO INCREASE 20-30% IN FIVE YEARS
In this recent commentary titled “Miami Confidential” National Association of Realtors Chief Economist Dr. Lawrence Yun, who has been named among the top 5 economic forecasters by USA Today due to his accuracy, indicates those who buy real estate in Miami now are likely to see strong appreciation and high returns on purchase prices in just a few years despite the current oversupply of condos.
“In five years, do not be surprised if home prices in Miami are 20 to 30 percent higher than the current levels, “said Yun.
This means that in five years homes currently priced at $200,000 could sell for $250,000; a current million dollar home for $1.2 to $1.3 million. Since the current buyers’ market is conducive to price reductions as a result of negotiations, the return on investment could very well be even higher.
In Miami, the median sales price increased over 340 percent in just 10 years. During the current market adjustment, prices have dropped some, but the drop has been negligible.
“The median home price in Miami was $80,500 in 1985 and $105,800 in 1995 and $363,900 in 2005 at the peak of the market. Prices fell by 5.7 percent for single-family homes and 6.0 percent for condos over a one-year period to the 4th quarter of 2007 according to NAR date”, said Yun.
“Prices grew 0.3 percent for single-family homes over the same period according to the government agency OFHEO”, he added.
Yun believes the main reason sales activity has decreased so much in Miami is due to fear of a market crash resulting from homes prices having grown much faster than income.
About Stuart Drossner
Stuart Drossner has been in the Real Estate business for almost a decade, he quickly jumped into the South Florida Luxury market at the early age of 18 Years old. Stuart specializes in working with Banks throughout the country selling foreclosed properties. Stuart Drossner can be reached anytime on his cell phone for personal assistance at 305-502-1717.