Almost 3 million US residential properties received at least one foreclosure filing in 2009, increasing 21 percent more than 2008 setting a new record of 2.82 million people falling behind on their mortgage payments, RealtyTrac, an online foreclosure marketplace, reported Thursday.

The report also showed that 2.21 percent or 1 in 45 of all US homes received at least one foreclosure filing during the year, up 1.84 percent in 2008 and up 1.03 percent in 2007.

"As bad as the 2009 numbers are, they probably would have been worse if not for legislative and industry-related delays in processing delinquent loans," said RealtyTrac CEO James Saccacio in a prepared statement.

One positive note is that in spite of a 21 percent increase in filings, the number of homes actually repossessed was 871,086 which increase by only 1.1 percent compared to 2008.

Filings peaked in July with more than 361,000 homes receiving notices. After that, filings declined four straight months.

California, Florida, Arizona and Illinois had the most foreclosure filings accounting for 50 percent of the homes receiving notices. Nevada registered the highest rate of foreclosures, at 10 percent, followed by Arizona, with 6.1 percent; Florida, 5.9 percent; and California at 4.75 percent.