Daily Archives: December 20, 2012

Bay Area foreclosures down in November as banks cancel auctions | South Salem Real Estate

Banks auctioned off fewer foreclosed Bay Area homes in November as the holiday season began, a foreclosure tracking company reported Tuesday.

The decline, which followed an increase in October, comes as five major banks turn from foreclosing on those behind on their mortgages to loan modifications and short sales under a national settlement with state attorneys general that took effect in October.

So far, there appear to be more short sales than foreclosures, according to Bay Area housing counselors.

ForeclosureRadar reported that cancellations of foreclosure sales were up in November from the previous month although not as sharply as in October. There were 1,916 cancellations of foreclosure sales and only 582 sales in Contra Costa, Alameda, San Mateo and Santa Clara counties. That was down from 744 foreclosure sales in October.

Notices of default — the first step in the foreclosure process — were down in the East Bay and Silicon Valley, according to ForeclosureRadar. In Contra Costa County, default notices were down 21 percent from October. They dropped 34 percent in Alameda County and almost 19 percent in Santa Clara County. San Mateo County bucked the trend with an increase of 57 percent from October, breaking a six-month decline.

The number of homes owned by banks dropped again on both sides of the bay, continuing a yearlong trend.

Nonprofits that counsel people facing foreclosure say they haven’t seen that many

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modifications, according to Kevin Stein of the California Reinvestment Coalition, which monitors the groups.

At a recent meeting between the national settlement monitor and foreclosure counselors in Oakland, Stein recalled, “all the counselors were saying things haven’t changed very much. Some people were saying things are a little bit better, and nobody said it’s worse. Here and there they see modifications,” Stein said.

The drop in foreclosure sales is affecting the cases seen by the Housing Trust of Santa Clara County’s foreclosure help center, according to program manager Sean Coffey.

“We’re seeing more traditional causes of foreclosure — a spouse passed away, unemployment, divorce or medical bills,” he said.

Mary Lu Gonzales, a San Jose real estate agent who volunteers at the help center, said she’s seen a decline in people facing foreclosure and more requests from people teetering on having to do a short sale, which is the sale of a home for less than the amount owed on it.

“I’m seeing homeowners who are on the brink, slightly underwater but not enough that a short sale is really worth it for them,” she said. They can’t get a loan modification, and they can hang on if they tighten their belts, she said, but a short sale is a move they are considering.

“Do they want to take that chance and damage their credit, or hold on for appreciation?” is the question they’re asking, she said.


‘We Buy Ugly Houses’ franchisor wins domain name dispute | Bedford Hills Homes

The company behind the slogan “We Buy Ugly Houses” has prevailed in an arbitration proceeding against the previous owner of a domain name that allegedly used the company’s trademark to offer links to competing services.

Dallas-based HomeVestors of America Inc., which claims to be the “No. 1 buyer of houses in the U.S.,” has been franchising since 1996 and has about 276 franchises in 37 states. The company claims its franchisees, who are authorized to use the “We Buy Ugly Houses” trademark, have spent more than $100 million advertising the brand.

In August, HomeVestors filed a complaint against the registered owner of the buy-ugly-houses.biz domain with the National Arbitration Forum, which helps resolve domain name disputes in accordance with the policies of the Internet Corporation for Assigned Names and Numbers (ICANN) .

HomeVestors alleged the domain name was “confusingly similar” to the “We Buy Ugly Houses” mark, and that the owner didn’t have any rights or “legitimate interests” in the domain name. The owner of the domain name registered and used it bad faith, HomeVestors claimed, offering links to services that compete with those of HomeVestors.

The owner, Stewart Taylor, never responded to the complaint. A panel assigned to the case therefore accepted HomeVestors’ allegations as true and granted the company’s request to transfer the domain name to HomeVestors.

“The frequent infringement of HomeVestors’ trademarks — including both of the ‘We Buy Ugly Houses’ and ‘HomeVestors’ marks — is evidence of the vast goodwill that HomeVestors has built in those marks,” said HomeVestors litigation attorney Darin Klemchuk of Klemchuk Kubasta LLP, in a statement.

“In order to protect that goodwill, HomeVestors can and will pursue every infringement of which it becomes aware.”

The company said it has submitted another filing for domain name dispute resolution it expects will be decided in the next few weeks.