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Consumer

ConsumerWatch: Foreclosures Return Despite Lingering Paperwork Issues

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A foreclosed Stockton home. (Justin Sullivan/Getty Images)

A foreclosed Stockton home. (Justin Sullivan/Getty Images)

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BETHEL ISLAND (CBS 5) – In 2011, many foreclosures came to a halt after paperwork irregularities were discovered, but one out of 624 U.S. households received a foreclosure filling this past January. The sudden uptick in foreclosures is because the “banks are actively [seeking] foreclosures” according to Daren Blomquist from research firm RealtyTrac.

Last month’s multi-billion mortgage settlement with five of the nation’s largest banks is creating a set of ground rules for how foreclosures will be settled nationwide. These ground rules will be accepted by the authorities, and Blomquist said that means the Attorneys General and lenders will now be able to move ahead with delayed foreclosures.

Michael Boyter, who stopped paying his mortgage in late 2010, was locked out of his home in Bethel Island last Tuesday. Boyter said that the county officials who evicted him that day also told him they evicted about two dozen other delinquent homeowners in Contra Costa County.

Last month, Alameda Country reported a 28 percent increase in foreclosures. In Contra Costa, it was up 17 percent.

Michael Boyter is fighting back by suing Wells Fargo in the United States Federal Court. He claimed that Wells Fargo made at least seven mistakes or irregularities in his foreclosure paperwork.

“My title was never transferred…the deed of trust…there’s no proof that Wells Fargo has any ownership of my home.” Boyter said. “They’re strictly a servicer, yet they’re claiming they own it.”

Wells Fargo said that the foreclosure is legal and that Boyter is relying on discredited legal theories.

In California over 51,000 borrowers received foreclosure filings in January, according to RealtyTrac.

(Copyright 2012 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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