Some families in foreclosure live rent free, worry free

Homeowners fire back at banks

Florida's Attorney General calls foreclosure fraud a top priority.

Florida's Attorney General calls foreclosure fraud a top priority.
Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

advertisement

Posted: 07/06/2010

ST. PETERSBURG, Fla. - For Alex Pemberton and his fiancée, Susan Reboyras, foreclosure has been a life raft. A choice they made to try and save their St. Petersburg home and business.

At the same time their St. Petersburg house was being foreclosed on last summer, their restoration business was falling flat. “We had a business. We had to make a choice. We can either save our business and lose our house and keep ourselves fed. And possibly recover through all this time,” said Mr. Pemberton.

Alex Gregg knows the Pemberton’s dilemma all too well. In 2005, Gregg bought his first home in Lutz at the height of the real estate boom at the age of 23. “I really fell in love with it. I liked it, it was a really good deal,” said Gregg.

His single story home had become his ideal bachelor pad. Several cars in the driveway, a pool table in the game room, and a pool in the backyard. But when Alex's paint contracting business dried up two years ago, like the Pembertons, he got the dreaded notice.

“When I got the letter, my heart sunk,” he recalls.

His home was facing foreclosure. That was January 2009. And today he's still living in the home the bank wants back. You see, foreclosure is something homeowners like Alex and the Pembertons are in no hurry to get out of.

“The longer I’m in foreclosure, the longer I’m able to save and look towards the future, and after my foreclosure,” says Gregg, now 28.

As Florida drowns in some of the nation's highest foreclosure rates, some homeowners in foreclosure like Alex Gregg and the Pembertons are finding a way to stick it back to the bank. They are hiring a foreclosure defense attorneys like Mark Stopa, who, for a $1500 fee, advises them to stop paying their mortgage and stay put. All while Stopa fights the case in court.

Most of the time it takes a year, sometimes two years to clear it up -- and it's all legal.

“If you hire a lawyer such as myself to defend a case, then the process can take longer because a lawyer can force a bank to prove its case,” says Mr. Stopa, who runs his own legal practice and the website stayinmyhome.com.

The game of "force me out if you can" tends to get tied up in court delays and paperwork while homeowners are allowed to live rent free.

Lenders say it's simply a stall tactic. Whatever you call it, Alex says it buys him time to take the money that would have gone to his mortgage payment, and instead, put himself through college. The Pembertons use it to pay for advertising their business, which they say is the only thing they will have left, once they lose their home. Alex Pemberton says his mortgage payment that now goes towards advertising has rescued his business. He is hoping to eventually put his profits into the back payments he owes the lender. A move that could save his home if the gamble pays off.

In some states, lenders can pursue foreclosures outside of the courts. But in Florida and 20 other states, judicial foreclosure is the rule, and it can slow the process substantially when both sides get lawyers involved. A move that makes the “rent free” approach play out for months on end.

“It clogs the whole system,” says Chief Judge J. Thomas McGrady. McGrady oversees the 6th Judicial Circuit in Pinellas and Pasco counties which now has 34,000 open foreclosure cases. Compare that to 4,000 a decade ago.

He is critical of what he says is becoming more and more prevalent. “I would say they're taking advantage of the situation. It’s not good for anyone. If you have a contract or a dispute, justice delayed is justice denied.”

McGrady is hoping those delays are shortened in Pinellas and Pasco counties with a new mediation program that started July 1st. It’s a program that lenders must participate in if a homeowner in foreclosure wants to go the mediation route. And McGrady says the best part is a settlement must come in 120 days. With the lender picking up the cost of the mediation.

How it ever came to this is something that will be debated for years. There is plenty of blame to go around. Lenders who made risky loans to pad their profits. And banks refusing to modify the loans of struggling homeowners.

Alex Pemberton says his lender refused to modify his loan unless he was in foreclosure. Then, once he got there he says, they still refused to come to an amicable arrangement.

From there he says, it was a decision of survival. He takes exception to being called a “deadbeat.”

“Once we hit dead end after dead end after dead end with no results, then here we are. And I don't feel bad about that,” he says.

For more information on the mediation program being offered in Pinellas/Pasco County:

http://www.jud6.org/LegalCommunity/MortgageForeclosures/20100510%20Forclosure%20fact%20sheet.htm

http://www.mediationmanagersinc.com/

For more information on fighting a foreclosure:

http://www.stayinmyhome.com

Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

  • Comments
  • Marketplace
advertisement

Pinellas News


  1. Ali among hundreds honoring Dundee

    Ali among hundreds honoring Dundee

    Boxing trainer Angelo Dundee was remembered Friday as a master motivator and a man who left a legacy of kindness during a funeral service attended by Muhammad Ali.

  2. 24-year-old killed crossing Gandy Blvd

    • Family survives fire, four pet cats die

      • St. Pete pushes foreclosure registry

      • Clearwater among most romantic cities

        • Seminole house fire claims a life

          • Stay Connected