Roy Oppenheim From the Trenches: The re-emergence of the rocket docket

May 22nd, 2013

Top 2010 Foreclosure Headlines from South Florida Law BlogMuch has been written and said about the state of the nation’s foreclosure crisis. South Florida has served as ground zero for much of the mess in the past few years and only recently is starting to dig out from under the mountain of foreclosure filings.

New South Florida foreclosures are down. After reporting the No. 1 foreclosure rate for two consecutive months, the metro area covering Palm Beach, Broward and Miami-Dade counties fell to third in April, according to RealtyTrac Inc.

Nationwide, foreclosure activity fell to its lowest level in six years.

Meantime, several of the big banks have actually halted foreclosure sales to ensure they are complying with federal guidelines.

In his most recent “From the Trenches” video, Oppenheim about the newly passed foreclosure legislation – HB 87 – which is awaiting Florida Gov. Rick Scott’s signature. Roy wrote a letter to Scott asking him not to sign the bill, pointing out that if passed it could push homeowners out of their residences without the due process to which they are entitled.

There also has been a re-emergence of the so-called “rocket docket” with the Florida Supreme Court giving its blessing to a plan that allows for lawyers to serve as general magistrates to help push the hundreds of thousands pending foreclosures through the court system.

What are the implications of this decision? Watch the video to find out.

Real estate and foreclosure defense attorney, Roy Oppenheim left Wall Street for Main Street, founding Oppenheim Law along with his wife Ellen in 1989 in Fort Lauderdale, Florida. He also is vice president of Weston Title and creator of the South Florida Law Blog, named the best business and technology blog by the South Florida Sun-Sentinel. Follow Roy on Twitter at @OpLaw or like Oppenheim Law on Facebook

Roy Oppenheim from the Trenches: The State of Real Estate

May 19th, 2013

arrow upSouth Florida real estate and foreclosure defense attorney Roy Oppenheim has been keeping his ear to the ground as the real estate market begins to heat up. In a recent article in U.S.A Today, Oppenheim was quoted as saying that lenders are pushing through foreclosures now because the values are up. Meantime, investors have been fueling the recovery, driving prices higher.

In his most recent “From the Trenches” video, Oppenheim talks about the fact that it’s become a seller’s market. When it comes to short sales, Oppenheim says it’s not unusual to see multiple offers. This is having a trickle down effect on the rest of the economy. Construction is starting to heat up, movers benefit as do realtors, mortgage brokers, real estate attorneys and title companies.

Last week, the U.S. Commerce Department reported applications for new construction rose to a five-year high. Building permits shot up 14 percent, the highest since June 2008. That indicates not only is the economy starting to simmer, but that more potential home buyers are dipping their toes into the real estate market.

However, we are not out of the woods yet, according to Roy, since so-called “rocket dockets” continue to plague those already in foreclosure.

Find out more of what Oppenheim has to say about the housing recovery by watching his video.

Real estate and foreclosure defense attorney, Roy Oppenheim left Wall Street for Main Street, founding Oppenheim Law along with his wife Ellen in 1989 in Fort Lauderdale, Florida. He also is vice president of Weston Title and creator of the South Florida Law Blog, named the best business and technology blog by the South Florida Sun-Sentinel. Follow Roy on Twitter at @OpLaw or like Oppenheim Law on Facebook

As the space race slows, the race to break up America’s biggest banks gains speed

May 16th, 2013
<em id="__mceDel">CSA Astronaut Chris Hadfield strums his<br />guitar in the International Space Station's Cupola.<br />Credit: NASA</em>

CSA Astronaut Chris Hadfield strums his guitar in the International Space Station’s Cupola. Credit: NASA

Have you seen the YouTube video of Canadian astronaut Chris Hadfield singing David Bowie’s “Ground Control to Major Tom” from the International Space Station? The social media loving space man has become a YouTube sensation with more than 10.5 million (yep that’s million) hits and growing. And that’s only within the span of about a week.

While the space race slows down, the rest of the planet (which you can see clearly from Hadfield’s video) pretty much has lost interest in space travel, The Canadian astronaut has single-handedly created what might be considered a Renaissance for space exploration.

It’s this kind of adventurous spirit, ingenuity and creativity that have made the world a better place to live. And it’s that kind of creativity and out-of-the-box thinking that we need to bring to America’s financial sector and in particular the banking industry.

Oppenheim Law was recently interviewed by banking, legislation, regulatory policy, and litigation publisher Bloomberg BNA on many legal topics – from the “dubious constitutionality” of so-called rocket dockets, to why the planet’s biggest banks must be broken up to remain competitive.

Ironically, the sub headline that BNA gave to the section relating to the breaking up of the banking industry was “Science Fiction” and appropriately so.

I talk about how if we turned the country’s five or six largest banks into 20 or even 30 smaller ones – we would unleash a type of capitalism and creation of new products and concepts that we can’t even begin to envision.

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Foreclosure Scams Rampant in Florida

May 15th, 2013

Written By Aaron Kase, Lawyers.com, May 1, 2013 and republished in The South Florida Law Blog.

foreclosure home and sign

Florida is known as the nation’s capital in foreclosure fraud.

A Florida man was recently sentenced to 26 years in prison for foreclosure and short sale fraud. John Lebron, 33, was convicted last week of setting up a complex scheme to buy and sell foreclosed houses, make money on each part of the deal, and default on the loans. He is hardly alone among foreclosure offenders.

Florida is known as the nation’s capital in foreclosure fraud. The state was among the hardest hit by the collapse of the housing bubble and subsequently has seen countless homeowners who can’t make their mortgage payments. In the first quarter of this year alone, one in every 104 houses in the state received a foreclosure notice for a total of 85,671, a rate three times the national average, according market research firm RealtyTrac.

Of the top ten metro areas in the country with the highest foreclosure rates, seven are in Florida, led by the Miami area at number one. The state projects that it will process over a million foreclosure cases in the next four years, according to the Palm Beach Press. And a lot of foreclosures means a lot of opportunities for scams.

Lebron’s scheme involved a complicated house-flopping maneuver using straw purchasers to rip off the banks. However, many of the foreclosure scams out there are aimed directly at distressed homeowners, attempts to wring out what little cash they can come up with or steal the houses outright.
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