The Commercial Appeal

Foreclosur­e activity edged up in Jan.

$25B mortgage settlement will mean even more this year

- By Alex Veiga

LOS ANGELES — Banks took back more U.S. homes in January than in the previous month, the latest sign that foreclosur­es are accelerati­ng after slowing sharply last year while lenders sorted out foreclosur­e -abuse claims.

Foreclosur­es rose 8 percent nationally last month from December, but were down 15 percent from a year earlier, foreclosur­e listing firm Re- altytrac Inc. reports today.

Despite the annual decrease at the national level, some states posted sharp increases compared to January 2011. In New Hampshire, foreclosur­es jumped 62 percent. In Massachuse­tts, 75 percent.

That trend is expected to strengthen this year in light of last week’s $25 billion settlement between the nation’s biggest mortgage lenders and 49 state attorneys general over the industry’s handling of foreclosur­es.

Many banks and mortgage servicers processed foreclosur­es without verifying documents. Some employees signed papers they hadn’t read or used fake signatures to speed foreclosur­es — a practice dubbed “robo -signing.”

Major banks temporaril­y put foreclosur­es on hold after the problems surfaced in the fall of 2010. Some had to refile previously filed foreclosur­e cases and revisit pending cases to prevent errors. Those delays and uncertaint­y over state and federal probes into the industry’s foreclosur­e practices led to a sharp slowdown in foreclosur­e activity last year.

The settlement between the banks and state attorneys general helps clarify the rules banks must follow to foreclose on borrowers, said Daren Blomquist, a vice president at Realtytrac. That will pave the way for more foreclosur­es, he said.

“The settlement will accelerate the foreclosur­es that are happening this year, and it will accelerate

the process of lenders catching up on the backlog of foreclosur­es that has been building up over the last year and a half,” Blomquist said.

Credit rating agency Fitch Ratings also anticipate­s foreclosur­es will climb nationally this year, but not right away, noting it will take some time for lenders and mortgage servicers to make sure they are in compliance with the rules set forth in the settlement.

“You probably are going to see the pace pick up as the year goes on,” said Grant Bailey, a managing director at Fitch.

Realtytrac projects foreclosur­es will rise 25 percent this year to 1 million homes. Last year, lenders took back 804,000 homes.

Even so, the rise in foreclosur­es isn’t expected to be uniform nationwide. That’s because the settlement isn’t likely to ease the backlog of foreclosur­e cases in states where courts play a role in the process.

In addition, some states have taken steps to slow lenders down. In Nevada, for example, a law that went into effect in October requires that foreclosur­e documents must be filed in the county where a property is located and a lender must provide a notarized affidavit detailing their legal right to proceed.

That has contribute­d to fewer homes entering the foreclosur­e process, but also a smaller pool of foreclosed homes available for sale in places like Las Vegas.

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