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Forums » Housing News & Real Estate Market » SC court halts thousands of home foreclosure sales

SC court halts thousands of home foreclosure sales Subscribe to SC court halts thousands of home foreclosure sales

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Real Estate Investor · Las Vegas, Nevada


South Carolina court orders a halt to foreclosures, will other states follow suit?

COLUMBIA, S.C. - South Carolina's highest court on Tuesday temporarily stopped thousands of pending foreclosure sales in the state to give homeowners more time to take advantage of a new federal program to help them refinance mortgages.

Story: http://news.yahoo.com/s/ap/20090505/ap_on_re_us/us_halting_foreclosures

:cool:


Real Estate Investor


Methinks this could only occur in a Lien Theory (Mortgage) state, which requires a judicial foreclosure, as opposed to a Title Theory state (Trust Deed). Most states are Title Theory.


Real Estate Investor · Ohio


Not surprising I guess and I always thought SC was trying to get more business, not drive it away. I was actually thinking of relocating down there but maybe that is not such a good idea. Another strike against the sanctity of contracts for programs that do very little, or at least so far. But it makes for good headlines to the lemmings.

Mike C



Don't forget James Clyburn is from South Carolina. Believe Justice Toal needs review herself.


· Bailey, Colorado


It's also shows that SC has consideration for those who's about to lose their homes.


Real Estate Investor


Originally posted by Dwan Twayford
It's also shows that SC has consideration for those who's about to lose their homes.


Poppycock.

The injunction - which mortgage experts said appeared to be the nation's first court-ordered stop for an entire state - prevents judges in South Carolina from finalizing foreclosure sales on properties guaranteed by Freddie Mac, Fannie Mae or any other mortgage company that has signed on to a federal assistance program.

It's an attempt, originated by Fannie Mae, to slow or forestall their bleeding and consuming even more taxpayer money. The Judge expanded the request to include all lenders who have received a taxpayer bailout. It is not at all encompassing all foreclosures in the state, but designed to slow the pace of spending on the bailout. Anyone can claim consideration or compassion, but it's about the SC law allowing such an action and the need of Fannie to slow things down.


Real Estate Investor · Owings Mills, Alabama


If you're a bank in SC, how are you supposed to make new mortgage loans if you can't recover your capital from defaulted loans?
How, might I ask, is anyone supposed to borrow money if the banks aren't lending because they can't recover their investments?
The myopia of disregarding the importance of lending is sickening.


Real Estate Investor · ten mile, Tennessee


Toal also set a May 15 deadline for plaintiffs in foreclosure actions to notify other parties if the loan is subject to modification under the federal program. If it is, those foreclosure proceedings will remain on hold. But if not, the sale can go forward.

Fannie Mae and Freddie Mac had suspended foreclosure sales through the end of March to evaluate whether borrowers could qualify for the Obama program.

It does not stop even all Freddie and Fannie foreclosures only those who qualify under the Obama plan. There is no mention of how many that could be or is thought to be.

It is important to notice that

But if not, the sale can go forward.

This by no means stops the ENTIRE STATE or even all fannie and freddy in the entire state. Its is just media hype to say all and entire. Will it have an affect, YES. There can be no doubt about that.

But I find it interesting that if all they wanted was a delay to allow for time to see what rules will be put into place for the new program as the article suggests that they did not ask the judge to "restart all foreclosures" as is possible according to this part of the article.

Fannie Mae said the ruling was necessary because of a South Carolina law meant to ensure that foreclosures sales are conducted in a timely fashion. Under the law, judges can cancel a foreclosure case and start over if the sale is delayed for too long.


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