Nashville Foreclosure Rates Drop in May…But Expect a Roller Coaster Ride for Next 3 Months

The Nashville Business Journal reports today that the foreclosure rates have dropped in the middle Tennessee area for May 2010.  Regardless of what happened in May, I expect the foreclosure numbers to spike in June, and then virtually disappear in July and August, 2010.

Here’s why: On April 27, 2010, Governor Bredesen signed House Bill 3588, adding Tennessee Code Annotated 35-5-117, which imposes new notice requirements prior to foreclosure on an owner-occupied residence. This law takes effect on July 1, 2010 and applies to any such foreclosure that is published on or after September 1, 2010.

Long story short, this new law effectively requires that a new pre-foreclosure notice, called a “Notice of Right to Foreclose,” be sent to delinquent borrowers at least 60 days prior to the first foreclosure publication date. This law is designed to allow the borrowers to explore refinancing or mortgage modification options. This notice requirement applies, regardless of whether any notice is required under the loan documents.

Knowing that the law had changed, many lenders may have rushed to foreclose prior to the new requirements, which would explain any increase in the June numbers. But, for any remaining residential foreclosures, those would be completely stayed in July and August, while the lender waits for the 60 day notice to run.

If your newspaper seems a little lighter over the next two months, this is why.

Author: David

I am a creditors rights and commercial litigation attorney in Nashville, Tennessee.

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