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Georgia rank: 31 90+ Day 4.08% 4.26% -4.1% 90+ Day 8.96% year ago 9.06% percent point change -1.1% -7.1% Top Core-Based Statistical Area GAINESVILLE, GA 90+ Day 3.67% year ago 4.09% percent point change -10.4% -13.2% note: The 90+ Day delinquecy rate is the percentage of outstanding mortgage loans that are 90- plus days delinquent. The foreclosure rate is the percentage of outstanding mortgage loans currently in foreclosure. State rank is based on the August 2012 foreclosure rate. All figures are rounded to the nearest decimal. The unemployment rate reflects preliminary August 2012 figures released by the Bureau of Labor Statistics. All other data courtesy of Lender Processing Services. 90+ Day 3.05% year ago 4.01% FROM THE BENCH Georgia Court Rules in Favor of MERS, Citi in Wrongful Foreclosure Case of the Northern District of Georgia ruled in favor of defendants CitiMortgage, Mortgage Electronic Registration Systems, Inc. (MERS), and Pendergast & Associates, P.C., in a suit from a borrower alleging wrongful foreclosure. In the case Crutcher v. CitiMortgage, Senior District Judge J. Owen Forrester percent point change -24.1% 29.5% Top Core-Based Statistical Area HONOLULU, HI Delinquency Rate 90+ Day august 2012 2.15% year ago 2.42% percent point change -11.2% 35.6% note: The 90+ Day delinquecy rate is the percentage of outstanding mortgage loans that are 90- plus days delinquent. The foreclosure rate is the percentage of outstanding mortgage loans currently in foreclosure. State rank is based on the August 2012 foreclosure rate. All figures are rounded to the nearest decimal. The unemployment rate reflects preliminary August 2012 figures released by the Bureau of Labor Statistics. All other data courtesy of Lender Processing Services. 3.16% 4.28% Foreclosure Rate 9.11% 3.30% Delinquency Rate august 2012 2.86% Foreclosure Rate 5.37% Delinquency Rate Foreclosure Rate august 2012 2.50% year ago 3.05% percent point change -18.2% Top County CLAYTON COUNTY Delinquency Rate august 2012 4.99% Foreclosure Rate Unemployment Rate 9.2% 9.9% -7.1% Building a name in the REO industry over the past 25 years, Marc Oppenheimer and his team have become synonymous as one of the most successful REO teams in the metro ATLANTA area. Marc, who is a proven REO market leader, utilizes his local real estate knowledge, experience and education for the benefi t of his clients. He has in depth experience on fund portfolio acquisition for rental or resale. He is a certifi ed CDPE Short Sale and a NAR BPOR. In a changing housing market and today's technology, Marc will put you in front of the competition and the world. ATLANTAREO.COM is ranked #1 on . Rely on a name and a team you can trust! -18.9% the security deed states MERS is the grantee, and as grantee, "MERS has the power of sale and the right to exercise any or all of [lender's and lender's successors and assigns'] interests, including, but not limited to, the right to foreclose and sell the property." The court concluded, "Because MERS According to the ruling handed down, still carried on as the security deed grantee, the assignment of the security deed from MERS to CitiMortgage on October 10, 2008, had the legal effect of making CitiMortgage the secured creditor." Hawaii rank: 3 90+ Day 2.44% 3.01% Delinquency Rate Foreclosure Rate august 2012 6.56% year ago 5.01% percent point change 30.9% Top County HAWAII COUNTY Delinquency Rate august 2012 11.80% Foreclosure Rate Unemployment Rate 6.1% 6.8% -10.3% the plaintiff argued MERS did not have authority to assign the security deed to CitiMortgage; therefore, CitiMortgage did not have proper authority to foreclose on the property. The court decision pointed out that it was the servicing of the mortgage loan that was transferred, stating the "assignment, sale, or transfer of the servicing of the mortgage loan does not affect any term or condition of the mortgage instruments, other than terms directly related to the servicing of your loan." 84 Marc Oppenheimer Associate Broker, CDPE / BPOR 1854 Independence Square Suite D Dunwoody, GA 30338 Phone: (770) 668-0063 Cell: (678) 296-6550 oppy@atlantareo.com STAT INSIGHT Foreclosures completed in the state of Hawaii over the 12 months ending in August. Source: CoreLogic 435