The report from San Diego’s DataQuick highlights how the foreclosure crisis appears to be subsiding after running rampant for five years.

“For more than a year, the general trend has been down” for legal filings that indicate mortgage distress, said DataQuick analyst Andrew LePage.

There are several reasons that foreclosure activity is trending down. As home values have risen over the past year, fewer homeowners are underwater, which means they can more easily refinance or sell their homes if they have trouble keeping up with their mortgage.

Financial hardship is also diminishing. “The other big factors are the pickup in the economy and the improvements in job growth that keep people from getting in trouble in the first place,” LePage said.

On top of that, various new laws and legal settlements between banks and the government encourage lenders to pursue alternatives to foreclosure, such as loan modifications and short sales (selling for less than is owed on the mortgage).

While LePage noted that the effects of the law and settlements are hard to measure, the net impact is fewer foreclosures.

Most subprimes gone

Moreover, the bulk of risky subprime loans have already gone through foreclosure. Mortgages issued from 2008 “were safer and saner,” LePage said, meaning they are unlikely to have the sharp payment spikes of teaser-rate subprimes.

For the fourth quarter, DataQuick reported that 5,399 households in the Bay Area received default notices, the first step in the foreclosure process. That was down 46.1 percent from the same quarter of 2011. About half of default notices become foreclosures.

Although lenders can file notices of default once borrowers are three months behind, DataQuick said that Californians receiving the notices were a median of eight months in arrears on their primary mortgages.

Statewide, notices of default were down 37.9 percent in the quarter, to 38,212.

Trustee deeds, the final step of foreclosure, were issued for 2,765 Bay Area homes in the fourth quarter. That was down 42.8 percent from the same quarter of 2011.

Statewide, trustee deeds were down 32.4 percent, to 21,127 in the fourth quarter.

Looking at the full year also showed declines. The Bay Area had 30,046 default notices in 2012, down 30.7 percent from 2011. The nine-county region had 1,907 trustee deeds in 2012, a 41.2 percent decline from 2011.

While the numbers are the lowest in six years, many homeowners still struggle to keep their houses.

Oakland’s Peggy Hart, 61, for instance, said income from her day care business took a big hit a few years ago. Three years ago, when she first applied for a loan modification, bank representatives told her to stop paying her mortgage and she complied, she said. Wells Fargo gave her a loan modification early on, but the payments were still too high and she was unable to keep up, she said.

Changes are tough

Now her business and her income have rebounded, but her efforts to get a loan modification have been frustrating and unsuccessful, she said.

“I’m able to pay, I want to pay my mortgage,” she said. “I told (Wells) on the phone, ‘Please let this happen for me.’ “

Hart lives with her two sons, granddaughter and a baby great-grandson in the house, where they also run the day care. She owes about $200,000 on the house, which various real estate sites estimate is worth at least $390,000.

“Wells Fargo continues to work with borrowers on mortgage modifications and other options that may help them remain in their homes and avoid foreclosure when possible,” the bank said in a statement. “We have been working with Ms. Hart for over three years to identify an option that would allow her to retain this home. We were able to provide her with some temporary assistance in September 2009 while we continued to look at home retention options.”

Both foreclosures and notices of default remain more common in lower-cost areas, DataQuick said.

Over the past five years, 1.1 million of California’s 8.7 million houses and condos received a foreclosure notice, it said. Of those, 780,000 were actually lost to foreclosure. The others were either sold or the payments were made current.

At the courthouse auction where the final step of foreclosure takes place, about 42 percent of properties in the fourth quarter were purchased by investors, DataQuick said. That was up from 31.2 percent a year earlier.

Fewer foreclosures

Fewer people in the Bay Area and California lost homes to foreclosure in the fourth quarter compared with a year earlier; and fewer received notices that they were behind in payments. For the full year, both notices of default (the first step in the foreclosure process) and trustee deeds (the final step of foreclosure) were down compared with 2011.

Notices of Default

Houses and condos, fourth quarter

Trustee deeds recorded

Houses and condos, fourth quarter

Sources: DataQuick, DQNews.com

Carolyn Said is a San Francisco Chronicle staff writer. E-mail: csaid@sfchronicle.com

Article source: http://www.sfgate.com/realestate/article/Foreclosures-drop-in-Bay-Area-California-4218858.php

“We are excited to have Mark rejoin the Real Estate Department”

His practice includes leasing, acquisitions and dispositions, financing,
development, and joint venture formation, as well as loan enforcement
and loan foreclosures. Mark’s realty property acquisitions and
dispositions practice includes complex purchase, sale and 1031 exchange
transactions. His leasing practice includes the representation of both
landlords and tenants in leases of office, industrial and retail space
located throughout the United States. His financing experience includes
representing borrowers and lenders on the origination of real property
secured loans and mezzanine loans and loan servicing matters.

Mark has extensive experience in the restructuring of distressed loans,
enforcing defaulted loans and the California foreclosure process. He has
also represented both developers and investors in the structuring and
formation of complex joint ventures (using LLC’s, partnerships, and TIC
structures) as well as the negotiation and preparation of development
agreements, construction contracts, completion guaranties, CCRs,
easements, and management agreements.

“We are excited to have Mark rejoin the Real Estate Department,” said
David Osias, Managing Partner of Allen Matkins. “Mark’s expertise,
energy and commitment to his clients makes him an easy fit with our
other San Francisco based real estate attorneys. His reputation and
stature in the real estate community and his pragmatic, results oriented
approach to practicing real estate law will provide great value to his
clients and existing clients of Allen Matkins.”

Prior to rejoining Allen Matkins, Mark was a partner at Seyfarth Shaw
from 2006 through 2012. Before his first stint at Allen Matkins from
2004-2006, he worked for Pillsbury Winthrop for five years.

Mark received his Masters of Law in Real Property Development from the
University of Miami, his Juris Doctorate from the University of Oregon
School of Law, and his Bachelor of Science, with honors from the
University of California, Santa Barbara. He is a board member of San
Francisco Bay Area NAIOP and serves on both local and national
legislative committees for NAIOP advocating for the interests of real
estate owners and operators.

ABOUT ALLEN MATKINS

Allen Matkins Leck Gamble Mallory Natsis LLP, founded in 1977, is a
California-based law firm with approximately 220 attorneys with offices
in four major metropolitan areas of California: Los Angeles, Orange
County, San Francisco and San Diego. The firm’s core specialties include
real estate, real estate finance, construction, land use, natural
resources, environmental, corporate and securities, intellectual
property, joint ventures, taxation, bankruptcy and creditors’ rights,
employment and labor law, and dispute resolution and litigation in all
these matters. For 35 years, Allen Matkins has helped clients turn
opportunity and challenge into success by providing practical advice,
innovative solutions and valuable business opportunities.

Article source: http://www.businesswire.com/news/home/20120620006770/en/Mark-Mengelberg-Joins-Allen-Matkins%E2%80%99-San-Francisco

“We are certainly seeing a lower level of foreclosure activity than a year or two ago,” said DataQuick President John Walsh. “The question is, how much of that decline is due to market conditions, and how much is due to policy changes that try to address economic distress?”

In the Bay Area, lenders filed 10,012 notices of default, the formal first step in the foreclosure process, in the final three months of the year, DataQuick said. That was down 16.6 percent from the same time in 2010. Statewide, 61,517 notices of default were filed, down 11.9 percent from the previous year.

The trend carried through to trustee’s deeds, the final step in the foreclosure process. In the Bay Area, a total of 4,831 trustee’s deeds were recorded in the fourth quarter, a 16.2 percent decline from 2010. In California, 31,260 trustee’s deeds were filed, an 11.8 percent decline.

The numbers are still high by historic standards, but are down compared with the rise in foreclosures four years ago.

As the housing market finds its footing and the economy adds jobs, the number of homeowners forced into foreclosure tends to drop.

“Once prices stabilize or start going up a little, fewer people get pushed into the distressed arena because there is a better chance that they will be able to refinance or sell the house and clear their loan,” said Andrew Le-Page, a DataQuick analyst. “Or they decide to fight to hang on. If prices were still going down, they might decide to throw in the towel.”

Lenders, which have come under ferocious criticism for not being more responsive to struggling homeowners, also have altered the way they handle late payments. Some of those changes stemmed from the 2010 robo-signing scandal that uncovered sloppy foreclosure paperwork.

“Five years ago, almost all mortgage payment delinquencies would have triggered a default notice after a certain amount of time,” Walsh said. “Strategies now include short sales, refinances, interest rate changes, principal reduction, as well as just plain waiting longer. It will be interesting to see how this plays out as the economy improves and the housing market finds its footing.”

Much of the housing distress remains concentrated in lower-cost inland areas where overbuilding was rampant during the housing boom. San Francisco, San Mateo and Marin remain the three California counties where mortgages are least likely to go into default, DataQuick said.

Across the Bay Area, there were 5.7 notices of default for every 1,000 homes in the fourth quarter. That concentration ranges from a low of 2.9 notices of default per 1,000 homes in San Francisco to a high of 10.7 such notices per 1,000 homes in Solano County. Statewide, the average was 7 notices of default per 1,000 homes.

For trustee’s deeds, the Bay Area had 2.7 per 1,000 homes, ranging from 1.2 per 1,000 homes in San Francisco to 6 in Solano. Statewide, there were 3.7 trustee’s deeds per 1,000 homes.

“We’ve worked through the worst of it,” LePage said.

E-mail Carolyn Said at csaid@sfchronicle.com.

This article appeared on page D – 1 of the San Francisco Chronicle

Article source: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/01/25/BU0U1MTTIP.DTL