The number of properties in Florida foreclosure listings is predicted to increase by 100 percent in 2009. In South Florida, foreclosure rates are expected to rise between 50 to 100 percent this year. The total number of foreclosure filings increased by 128 percent in 2008, reflecting 75,730 homeowners who are in the process of losing their properties. The figures were way higher than the 33,154 foreclosure filings made in 2007.
The number of yachts taken over by National Liquidators, a marine repossession company, has grown three times. It is anticipated that more yachts will be added to foreclosure listings if the mortgage crisis will remain unabated.
National Liquidators recovery manager Jason Lessnau pointed out that the company's recovery and sales of foreclosed yachts reached a record level.
The deepening economic recession in the country and the rapid decline of home prices have severely weakened the housing market. And foreclosure listings have now extended its reach from residential properties to boats.
According to real estate experts, distressed boat owners have also made the same reckless investment decisions as homeowners who are facing the brink of foreclosures.
The easy credit and risky loans that resulted to a real estate boom expanded to the boat market. Many boat owners failed to take into consideration that the market values of boats declined more quickly that those of automobiles. One morning, boat owners woke up and found out that they owe more than the fair market value of their boats.
Most often, boat owners default on their monthly payments when they lost their jobs or went through a divorce. But just like in automobile loans, banks allow boat loans to recover their collateral if distressed owners default.
Meanwhile, because of the unprecedented growth in the number of boats recovered by National Liquidator, President Bob Toney has decided to lease four additional boatyards after his boat repossession business increased by 350 percent.
Toney pointed out the shift in the sizes of boats repossessed by the company, noting the inclusion of 60 and 70-foot boats and mega-yachts measuring 100-foot and more.
About 50 percent of repossessed boats in Florida were voluntarily turned over by their owners, while the other half was involuntary transfer.
The following article details the final court proceedings for foreclosure cases in the state of Florida. The article details the different scenarios that can occur to finalize a foreclosure case. It is important for people facing foreclosure in the state of Florida to be aware of their rights so that they can do everyhthing in their power to stop foreclosure through legal remedies.
The right to be heard at the hearing to show cause is waived if the defendant, after being served as provided by law with an order to show cause, engages in conduct that clearly shows that the defendant has relinquished the right to be heard on that order. The defendant's failure to file defenses by a motion or by a sworn or verified answer or to appear at the hearing presumptively constitutes conduct that clearly shows that the defendant has relinquished the right to be heard.
If the court finds that the defendant has waived the right to be heard, the court may promptly enter an order requiring payment in the amount provided or an order to vacate the premises. Under and order to vacate the premises, the order is delivered to the County Sheriff for eviction should the mortgagor continue to occupy the premises.
If the court finds that the mortgagor has not waived the right to be heard on the order to show cause, the court will, at the hearing on the order to show cause, consider the affidavits and other showings made by the parties appearing and make a determination of the probable validity of the underlying claim alleged against the mortgagor and the mortgagor's defenses. If the court determines that the mortgagee is likely to prevail in the foreclosure action, the court shall enter an order requiring the mortgagor to make the payment to the mortgagee and provide for a remedy. However, the order shall be stayed pending final adjudication of the claims of the parties if the mortgagor files with the court a written undertaking executed by a surety approved by the court in an amount equal to the unpaid balance of the mortgage on the property, including all principal, interest, unpaid taxes, and insurance premiums paid by the mortgagee.
In the event the court enters an order requiring the mortgagor to make payments to the mortgagee, payments shall be payable at such intervals and in such amounts provided for in the mortgage instrument before acceleration or maturity. The obligation to make payments pursuant to any order entered under this subsection shall commence from the date of the motion filed hereunder. The order shall be served upon the mortgagor no later than 20 days before the date specified for the first payment. The order may permit, but shall not require the mortgagee to take all appropriate steps to secure the premises during the foreclosure action.
In the event the court enters an order requiring payments the order shall also provide that the mortgagee shall be entitled to possession of the premises upon the failure of the mortgagor to make the payment required in the order unless at the hearing on the order to show cause the court finds good cause to order some other method of enforcement of its order.
All amounts paid pursuant to this section shall be credited against the mortgage obligation in accordance with the terms of the loan documents, provided, however, that any payments made under this section will not constitute a cure of any default or a waiver or any other defense to the mortgage foreclosure action. Upon the filing of an affidavit with the clerk that the premises have not been vacated pursuant to the court order, the clerk shall issue to the sheriff a writ for possession which shall be governed by the provisions of Florida state laws.
It is important for people facing foreclosure to understand their rights and to take the proper steps to ensure these rights are protected. It is very possible that one can stop foreclosure on their property by utilizing the methods lenders provide to address their situation.
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