by Calculated Risk on 10/23/2008 05:10:00 PM

DataQuick reports that the new California law that took effect in early September significantly reduced the number of NODs in September. The new law requires lenders to make contact with borrowers at least 30 days before filing a Notice of Default, and the reduction in NODs is probably temporary. Note: according to RealtyTrac, California accounts for about one-third of the nation’s foreclosure activity.

Click on map for larger image.

This graphs shows the NODs by year in California according to DataQuick. NODs for 2008 were estimated with Q4 at the same pace as Q3.

In the early to mid-'90s there was a huge surge in foreclosure activity in California (California had a significant housing correction and recession in the early '90s). That mid-'90s spike in NODs looks almost insignificant now!

Here is the DataQuick report: California mortgage default filings drop amid procedural change

The number of mortgage default notices filed against California homeowners fell last quarter for the first time in three years as a change in the state's formal foreclosure process took effect. If that procedural change hadn't kicked in during early September, indications are that third-quarter default filings would have been about the same as the record number filed in this year's second quarter ...

Mortgage servicers recorded 94,240 "notices of default" on homes during the July-through-September period. That was down 22.5 percent from a revised record of 121,673 in this year's second quarter, and up 29.9 percent from 72,571 in third-quarter 2007, according to MDA DataQuick. The San Diego-based firm's default statistics begin in 1992.

In September the number dropped to 14,995 filings as a new state law took effect early that month. It requires that in many instances lenders must try to contact homeowners delinquent on their mortgage payments, then wait 30 days before filing a default notice.
...
During the first week of September, before the law took effect, roughly 2,000 default notices were filed each business day in California. In the week after the law kicked in, average daily filings plunged to less than 100, then went back up to around 500 daily the final week of September.

"It's unclear just how much foreclosure activity will be time-shifted into future months. We'll know more when we have fourth-quarter numbers. What's interesting is that the surge in activity certainly did level off during the second and third quarters. A lot of the market's distress is working its way through the system and the spectacular jumps in activity may be behind us. Or it may be that those processing the default paperwork are just maxed out," said John Walsh, DataQuick president.