What to Tell Our Kids About Foreclosure: From the Heart

February 6th, 2010

By Ellen Pilelsky

Many of you have been reading Attorney Roy Oppenheim’s “From the Trenches” series over the past year as he details his experiences as Florida foreclosure defense attorney. This post is the first for Oppenheim Law’s senior partner, Ellen Pilelsky, as she discusses Florida real estate and foreclosure, sharing her perspective “From the Heart.”

The Mortgage Bankers Association wants to know what folks in foreclosure should tell their kids.

I usually remain behind the blogging scenes, but this is my first attempt to share my views as a woman, mother and foreclosure defense attorney about how the world has changed and why we need to understand how to cope.

Last month John Courson, President of the Mortgage Bankers Association, said he had no idea what individuals were going to tell their children about why they stopped paying their mortgage. He suggested people who are in foreclosure are somehow immoral.

My response is simple:

  1. Never be judgmental towards others, for then you too will be judged: and
  2. Never, ever, throw stones when you yourself live in glass house.

The MBA arguably represents the very folks who brought us the current economic crisis. Perhaps worse than that, Mr. Courson has a less than stellar record himself of “doing the right thing,” as was well articulated by some of the subscribers to Oppenheim Law’s South Florida Law Blog.

The reality is we need to help our children understand that:

Wherever you move, or wherever we as a family move, we will always have a home. A house is just made of bricks and lumber, but the things that make it a home are the family and the memories we create together wherever we live.

If your kids are in middle school or older you can explain the economy is experiencing one of its biggest corrections in 80 years, something we all have never experienced in our lifetimes. Maybe some of their grandparents went through the Depression, but in fact, very few Americans truly can remember that experience personally

Thus, we are all going through something that they too will be able to tell their children about and even their grandchildren one day. There are lessons, like everything else, to learn from what has happened.

In the meantime let your children know you love them and that mistakes were made by many people: politicians, regulators, lobbyists, banks, investment banks, mortgage brokers, lawyers… and even us!

We all are not above reproach.

But in the end, the important thing is to learn from these mistakes as we all grow to be better people and create a better country.

From the Heart,

Ellen Pilelsky, Esq.

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Oppenheim Law Argues for “Meaningful Principal Reduction” in The Miami Herald

January 29th, 2010

MiamiHerald

In case you didn’t hear, the Obama administration announced changes for requirements of paperwork and documents regarding the Making Home Affordable on Thursday, hoping to improve the success rate and communication between homeowners and lenders.

While this bureaucratic decision may indeed help a few more modifications squeeze through the banks clenching hands, ultimately, the change that is needed for South Florida homeowners requires substantial principal reduction on underwater mortgages.

Oppenheim Law has been arguing for over a year that there are too many mortgages valued greater than the actual market worth in South Florida, and merely lowering interest rates and extending the life of loans will not do enough to solve the Florida foreclosure problem.

To read my thoughts on the latest Home Affordable Modification Program changes, check out the entire Miami Herald article, “Home-loan aid altered” in the Oppenheim Law News Room.

From the trenches,

Roy

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Subject: Will Haiti’s Horror Impact South Florida Real Estate?

January 29th, 2010

Good Question! Let’s explore the possibilities.

Real Estate Black Swan Arrives: Free Legal Foreclosure Workshop February 4

The attorneys at Oppenheim Law point to the crisis in Haiti as a “black swan event,” an occasion no one could have foreseen with drastic effects on the South Florida real estate landscape.

Join Oppenheim Law at the next free legal real estate workshop on February 4, as Roy Oppenheim explains how the tragedy in Haiti will affect South Florida foreclosure. The workshop will also provide insider tips for buying and selling Florida real estate in this turbulent market and explain how to avoid deficiency judgments at all costs through South Florida short sales and other Florida foreclosure defense strategies.

BlackSwanWhat: The Black Swan is Here: Free Real Estate Workshop

When: Thursday, February 4, 2010 – 6:00 to 7:00 PM

Who: Real estate professionals and homeowners facing foreclosure, buyers, and sellers

Where: 2500 Weston Road, Suite 404, Weston, FL 33331

Cost: Free with advanced registration

RSVP: To register email roy@oplaw.net or call 954.384.6114

For more information visit the Oppenheim Law News Room to access all of the event’s details. Please feel free to leave a comment if you have any questions or suggestions for the workshop.

Oppenheim Law looks forward to seeing you all on February 4th.

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Why Oppenheim Law Prefers Short Sales Over Florida Foreclosure

January 26th, 2010

Some Florida attorneys and other experts sometimes seem to suggest there is no difference between having a Florida foreclosure or Florida short sale on your record or credit report and pose the question:

“Why go through the hassle of a short sale?”

The thought process might be technically correct, but only in a state described as a “non-recourse state.” Florida is not one of those states and is in fact a RECOURSE state. This means the banks can and will likely come after you for the difference between the principal value of your Florida mortgage and the value of your home at the time of the Florida foreclosure sale.

In non-recourse states, like California, people can walk or stay, and either way the banks cannot come after you. In Florida, New York and other recourse states the banks can come after you for as long as 20 years. The banks have the right to try and garnish your wages and bank accounts and even depose you under oath. In fact they can and will likely come after you even if you are long dead. You can read my Op-Ed piece in the Sun-Sentinel for a more detailed description of the difference between recourse and non-recourse states.

However, if you get out by orchestrating a South Florida short sale, you’ll likely be released from the amount the bank does not recover at closing. In fact the reason it is called a “Short Sale” is because the bank is coming up short at closing.  Now the Bank has a few options. They can take the hit as they do frequently, and as they may well be required to do according to new rules coming out of the Obama Administration, or they can negotiate some payment plan with you. Sometimes the terms are good, and other times they are truly oppressive. However, remember whatever you negotiate is not written in stone or blood and is unsecured.

Thus, the Bank will likely sell the Note (here we go again) to a hedge fund, or collection agency for pennies on the dollar. So you once again will have an opportunity to renegotiate the terms. And even if you don’t make any payments at all, are the banks really going to spend thousands of dollars to find you, serve you and hire attorneys to sue? Maybe… but my bet is they will first go after the low hanging fruit: the poor folks who never read the Oppenheim Law blogs and now have deficiency judgments entered against them.

So, to recap, The Oppenheim Law bottom line:

Explore a short sale first before throwing in the Florida foreclosure towel.

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Black Swan Haitian Crisis Will Likely Change South Florida Real Estate and Foreclosure

January 14th, 2010

Haitian Crisis Will Likely Change Real Estate Market in South Florida

Haitian's using tents as their homes are destroyed.

At my most recent seminar last week I discussed the possibility of a Black Swan event occurring that would literally change the complexion of the South Florida real estate market. A Black Swan event is something that just can’t be anticipated. At that moment I gave as an example the possibility of tens of thousands of folks from Venezuela fleeing to South Florida from Chavez’s new economic restrictions.

Now it is already anticipated that Haitian refugees will likely be arriving in South Florida over the next several months and likely years. They will need to be housed and be fully integrated into the community.

Further I had discussed that as a nation and as a community, we are blessed with a housing stock or what I call our “Ark”. That Ark of excess vacant housing can now be deployed with the assistance of FEMA and HUD and other governmental programs to help our struggling island neighbors.

Thus, once again not even the best economists could have anticipated the economic impact both good and bad that such an unthinkable crisis can have to a community. I do hope that with so many vacant homes and condos now in South Florida, and many still owned by the Banks, that we will be able to utilize this housing reserve.

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Oppenheim Law on South Florida Mortgage Morals and Ethics: To Strategically Walk or Not?

January 11th, 2010

NYT Magazine Writer Roger Lowenstein hits it on the head when he takes Mortgage Bankers to task, Plus why I believe MBA President John Courson is WRONG and CLUELESS

Roger Lowenstein, an extremely well respected financial journalist took the trade association for mortgage bankers (the MBA) to task in Sunday’s New York Times Magazine for calling homeowners “immoral” who strategically walk away from their mortgage obligations. Lowenstein points out that Wall Street walks away from their obligations all the time and effectively asks how they dare call the kettle black.

New York Times Magazine: Walk Away from Your Mortgage

For more than a year now through the South Florida Law Blog, monthly Florida foreclosure defense workshops and social media outlets like Facebook and Twitter @OPLaw, Oppenheim Law continues to help homeowners and other real estate holders such as investors and second homeowners. A constant and key consideration is determining the sense of continuing to pay a mortgage that is upside down and may remain that way for many years to come.

Oppenheim Law believes foreclosure defense strategies are not a moral issue, but an issue of what is economically rational.  However, John Courson, President of the Mortgage Bankers Association, decided this past week to enter into the discussion when he was quoted in the WSJ as saying: “Homeowners should think about the ‘message” they will send to their families and their kids and their friends.” He was somehow trying to convince all of us that there is still a social stigma to walking away.

JOHN COURSON READ MY WORDS: YOU ARE SO WRONG…. IN FACT YOU DON’T EVEN HAVE A CLUE!

The fact is the evidence has arrived that the social stigma of foreclosure is eroding quickly, and once one embraces the process, there is a sense of freedom or liberation that my clients frequently experience. They no longer feel enslaved to the bank or to the payments and are able to get on with their lives. Of course there is nothing wrong with first fighting the Bank over whether the loan was even valid in the first place.

John Courson

Pictured above is John Courson, president of the MBA. "John Courson, read my words: You are so wrong... In fact you don't even have a clue!" says Florida foreclosure defense attorney Roy Oppenheim.

Ironically, or paradoxically, Courson stepped into the largest of hornets’ nests. Lowenstein points out that Wall Street and the businesses they acquire walk away from debts all the time!  Just ask Morgan Stanley that walked away from commercial mortgages after they purchased certain properties at the wrong time. Or private equity firms that buy businesses and then close them down to pick out the bones. Is that not a form of walking away? As opposed to keeping the folks employed and trying to build a better company? But NO… NO ONE would call John and his lobbyist friends immoral for allowing the banks to get bigger than the government and then have the nerve to flaunt it over and over again with the mantra that the banks are “too big to fail.

John… let me tell you a little secret: The banks are not too big to fail… THEY are TOO BIG!  You know if the banks were still like the one Jimmy Stewart ran in “It’s a Wonderful Life,” folks would still feel an obligation to their banks and bankers. But not when the Banks have an asset base larger than most countries in the world, and when you never get to talk to someone that you personally know.

So John answer me this… what do you tell your children at night?

Do you tell them you lobbied the taxpayer for the largest bailout in the Nation’s history after creating a system that allowed for unfair and deceptive trade practices to rule the day due to lax oversight because of pure politics?

Do you tell them that the Attorney Generals are now after your members for creating an organizational environment from the top down that created a festering hive of immoral and unethical activity such as making loans to folks who one knew would default, yet the loans were bundled and sold to teachers and firemen all over the world as their retirement?

Or the fact that mortgage applications were intentionally doctored by your members staff or brokers who also helped get inflated appraisals?

And John don’t forget to let them know you had a big hand mortgaging their futures and their grandchildren’s future. Tell them NOW that one day they will need to add a zero onto every dollar bill because the dollar will be so devalued we will copy our neighbors in South America. Let them know now, John, who the moral one was! Make sure you send them the right “message.”

I invite your comments, tell us what you think?

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New Year: New Rules – Florida Supreme Court Requires Mediation in Foreclosure

January 5th, 2010

Just as 2009 ended, the Florida Supreme Court announced a uniform procedure for all newly filed foreclosure cases for homestead properties.  While the procedure is not yet fully in place, it should be shortly.

The Court acknowledged the system is not working. Foreclosure filings are expected to reach 456,000 cases in Florida by the end of 2010, a 50% increase from those in 2009. Thus, the Court felt compelled to do something.

My free foreclosure and real estate workshop on Thursday, January 7, at 6 p.m. is designed to review the “Year That Was” and preview the “Year That Will Be” based on the New Rules for 2010.

These new rules mean banks will be taken to task by the legal system. If conducted properly, a homeowner can demand proof of the Note and ownership of the loan prior to mediation. If the bank does not show up at the mediation or does not have a person with “true” authority to settle the case, the Court can issues sanctions against the bank and even hit the bank with attorney’s fees in some instances.

Until now approximately 75% of cases in mediation settled. That number should now shrink since the system will soon be overloaded with mediations. The real question is how to take control of this new strategic tool. Of course, one has to be mindful of the old saying, “Be careful what you ask for.”  That will certainly be the situation here.

You need to know your objective and have a plan or strategy. Is your desire to walk away without the bank coming after you, or is it to stay and renegotiate the loan to its new underwater value? Or is it to rent the house and just be able to stay?

Lots of creative options will arise that are good for the homeowner and even the bank. The key is knowing what is best for you and using this new opportunity as a way to fashion your own bailout.

I hope to see you all Thursday night, January 7th, at our free Florida foreclosure defense and real estate workshop as Oppenheim Law helps you achieve a New Bailout in the New Year. Again, I wish you all the best in 2010!

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Oppenheim Law Makes the National Law Journal List!

January 1st, 2010

Who 
would ever have thought that WE…and that includes YOU… all my blog, Facebook and Twitter 
friends…. would become the 4th most important legal trend of the decade.

Check out The National Law Journal’s excerpt on The 25 Legal Stories That Defined The Decade. Social Media was #4 and I shared my thoughts with The National Law Journal’s Tresa Baldis about it in this link…

http://oppenheimlaw.com/media-coverage.php?new_id=96

Thank YOU for the friends, follows and shares.

What a way to start the New Year!

Cheers!

Roy

P.S. Bail out the New Year with me at my Free Foreclosure Defense Workshop on January 7th from 6-7 pm

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Oppenheim Law Looks Back at “The Year of Foreclosure” + Ahead to Florida Foreclosure Defense in 2010

December 28th, 2009

As I write this, I’m preparing for a two-week trip to South America with my family (packing my bags now). By the time you read this, I hope to be relaxing and enjoying the opportunity to reconnect and recharge.

But first some last words for the year…

It’s hard to believe the South Florida Law Blog is now approaching its one-year anniversary!

When Oppenheim Law unveiled the South Florida Law Blog, not even my own wife, kids, sibling or in-laws would subscribe. When I wrote, it seemed only to be for the invisible search engines that provide little substantive feedback.

But slowly, ever so slowly, YOU started subscribing. Oppenheim Law’s early readers commented frequently, as did our Facebook fans. You all pushed our Florida foreclosure defense team, supported Oppenheim Law and gave me more encouragement than I ever deserved or expected. In fact, it was never me that propelled the blog but the cutting-edge subject matter and helpful content. Now we have thousands of online subscribers and it’s growing every day.

Throughout 2009, Oppenheim Law found ways for families facing Florida foreclosure to stay in their homes, even against the most improbable odds. My recent appointment by the Florida Bar to a committee that addresses Florida foreclosure-related issues is a testament to the collective efforts of Oppenheim Law’s foreclosure defense team. At first, our foreclosure defense attorneys considered ourselves the underdog. But now, with so many other attorneys emulating Oppenheim Law’s tactics, the playing field is becoming a little more balanced.

The banks and our public officials in Washington undeniably let us down. They demonstrated unbelievable hypocrisy in bailing out the largest financial institutions with taxpayer money while expecting families to fashion their own bailout. The U.S. Treasury looked the other way when the very bankers who caused the crisis were paid multi-million dollar bonuses with tax payer funds, while folks underwater and unemployed continued to drown. And through it all, Washington looks on and takes political contributions from the banks. Sometimes, I think Washington is just fiddling as Nero did while Rome burned to the ground.

In the New Year, Oppenheim Law will continue helping the average person craft personal bailouts through my signature column “In the Trenches.” Ellen, my law partner and wife, with a background in psychology, will introduce a new column called “From the Heart.” Her column will address the long-term social ramifications South Florida can expect from the legal and economic fallout of this foreclosure crisis.  Once in awhile, we may even collaborate on a blog.

I’m also proud to announce Oppenheim Law will be continuing its free Florida foreclosure defense and real estate workshops in 2010.  The legal workshops are designed to help South Florida homeowners understand the tools available for crafting personal bailouts.

The first workshop of the New Year will be Thursday January 7th at 6 p.m.

2009 has proven to Oppenheim Law that the “new normal” has arrived and “Dorothy: We are no longer in Kansas. No matter how much you want to go home,” certainly applies to South Florida’s real estate and economic landscape. Together, however, Oppenheim Law will provide you the tools and encouragement to persevere.

On behalf of my whole family, and staff I thank you all again for your support. I look forward to hearing from you often and wish you and your family the very best in the New Year. I am confident 2010 will be better for all of us.

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Oppenheim Law’s Top 15 FL Real Estate Lessons of 2009

December 18th, 2009

As a foreclosure defense and real estate attorney at South Florida’s Oppenheim Law, I witnessed striking developments in the Florida real estate and legal landscape throughout this year. As 2009 comes to a close, the blogger in me decided to reflect on a year that we’ll never forget.

In 2009, the United States experienced presidential history and remarkable scandals and unbelievable Ponzi schemes costing in the billions but Oppenheim Law believes 2009 will forever be tied to memories of bank failure, economic collapse and more than 3.8 million foreclosures from coast to coast.

Practicing Florida foreclosure defense taught me times of trouble bring with them lessons learned and opportunities to be had, so without further adieu, here are Florida Attorney Roy Oppenheim’s 2009 Foreclosure Lessons:

1. Credit scores are like cigarette smoking. At one time you thought both were good for you.
2. The world has turned upside down; only folks who previously had good credit scores are in foreclosure.
3. Everything your mother taught you about always paying your bills on time is wrong: If you do, you will disqualify yourself from a short sale or mortgage modification.
4. The American Dream of home ownership is now the American nightmare.
5. Renting is in Vogue. The American Dream changed from home ownership to renting: It’s cheaper; more affordable and less risky.
6. Possession remains nine-tenths of the law. If you are in foreclosure stay put. Do not move out.
7. Prove it! Make the banks prove they own your note. Many times the banks are clueless who owns their note.
8. Banks are the biggest hypocrites. They asked the taxpayer to bail them out, yet they won’t provide meaningful help to the very taxpayers that helped the banks when they were in crisis.
9. The silver lining: During the foreclosure crisis, families are getting closer together as they double up. Grandchildren are actually getting to know their grandparents better.
10. Social infection of foreclosure. Everyone knows someone that is in foreclosure if they themselves are not in foreclosure.
11. Thus, the social stigma of foreclosure is evaporated.
12. Should I stay or should I go? Stay! Never move out of your home even after the foreclosure sale. The banks want you to stay and pay the utilities, clean the pool and schedule the bug guy.
13. Pay your homeowner association dues even if you are in foreclosure. Be a good neighbor.
14. Remember the Goldie Locks Rules when applying for a mortgage modification. You can’t be the papa bear or the little bear you need to be just right.
15. Divorce and real estate. For most of my legal career divorcing couples always fought over who got to keep the marital residence… now it’s a question of who gets stuck with the property!

For even more coverage of “The Year of Foreclosure” check out the South Florida Law Blog, follow the conversation of @OPLaw on Twitter or become a Fan on Facebook. Oppenheim Law loved your comments and reactions throughout 2009 and looks forward to even more in the New Year!

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