Archive for February, 2009

President Obama Speaks about the Economic Crisis as Lost Promissory Note Defense to Foreclosure Tops Google Searches

Wednesday, February 25th, 2009
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The President made it abundantly clear last night that one of the bailout’s fundamental purposes is to help troubled homeowners who need to refinance their homes, thereby preventing foreclosure.   Yet one of the most popular Google searches yesterday concerned one’s ability to delay or stave off a foreclosure by demanding the foreclosing bank produce the original Note.

In fact the other day in the same chamber where the President spoke, Congresswoman Marcy Kaptur from Ohio begged residents throughout the US to not just walk away from their foreclosed homes, but  to fight and hire a “good lawyer” that  can go up against the Wall Street attorneys! The video is circulating the internet like wildfire and the related search terms have hit the top of the Google Chart. See the video for yourself.

I was flawed to see a Congresswoman advocating our hypothesis or thesis on the floor of the United States Congress! Nothing feels better than a little positive reinforcement.  The issue of lost notes and lost mortgages is a fundamental constitutional issue concerning due process and jurisdiction.


So as President Obama tries to tackle energy independence, education and healthcare… all at once, the public is trying to figure out how to keep their families from losing their homes to foreclosure since the President has little to offer those folks in the stimulus package for now.  So… it is for the time being up to the lawyers to fight this battle.  As the President noted, as Americans, we are up to the challenge.

Academy Awards, Super Bowl and Loan Modifications

Monday, February 23rd, 2009
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Last night I actually watched the entire Academy Awards with my family. I don’t remember the last time I ever did that… from the opening number to the Best Picture. This year, I also watched the entire Super Bowl… This is very unusual for me. Then again… we are in truly unusual times. Both of these national events somehow seemed to bring comfort… like apple pie, or chicken pot pie to the national ethos. It felt like we are all one and share a common past time. Last night was truly entertaining, no unnecessary bad jokes or deriding cracks about our government.

But enough of that… lets get back to the issues at hand. On March 4, the Obama Administration will release its details concerning how folks will be able to modify or refinance their mortgages. According to the Sun-Sentinel and Zillow.com, only about 17 percent of South Florida will have enough equity in their homes to refinance. Of course, those won’t be the people facing foreclosure.

You can’t be more than 5 percent underwater. In other words, if your outstanding mortgage principal balance substantially exceeds the value of your home, you will either have to hold on for dear life, do a short sale, or hope that your bank comes to its senses and realizes that a foreclosure is not the answer and will modify your loan by taking a principal reduction haircut.

In fact, we are seeing an entire new industry emerging. Former mortgage brokers, bankers, realtors, real estate attorneys, and appraisers are beginning to organize to assist homeowners with their loan modification needs, especially once the government’s program is announced on March 4, 2009.

In fact on March 5, 2009 we will be conducting one of our monthly free Florida Foreclosure Defense Workshops.
In the mean time, it appears the new government program will be of no use to you if you fall into one of the following categories:

  • Investor Property
  • Second Mortgages, Equity Lines
  • Second Homes
  • Jumbo Mortgages
  • Too Little Income
  • Too Much Income

So… continue to stay tuned! In the interim, continue to enjoy events like the Oscars as they provide a good escape.

Obama to Florida’s Foreclosure Rescue? or Not?

Wednesday, February 18th, 2009
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Today the Obama Administration dipped its big toe into the foreclosure quagmire by announcing a number of moves that will try to keep people in their homes who still have jobs or income. Therefore, residents experiencing Florida foreclosure will be able to modify their loans, refinance, or with Congressional approval, modify the amount owed to the banks in bankruptcy.

President Obama’s plan is real and politically, a good start, but the announcements today will most likely not fully abate the real problem .

Here’s why:

The residential real estate market lost $8,000,000,000,000. Yes. $8 trillion in equity! Caused by lots of irresponsible borrowing, lending and speculating.  There is enough blame to go around here. So lets stop playing the blame game.

The government’s plan is, of course, trying to reward the homeowners that have continued to make their monthly payments even if they are under water. That is a great thing, even admirable.  It addresses the whole moral hazard issue of not rewarding the rascals – like the government initially did with Wall Street.  But $75 billion is less than 10 percent of the amount of the problem. I am not saying that the Obama Administration should do anything different, just that it’s amazing that this wound has taken until NOW to be tended to! Now, that does not mean that the patient is getting better .  Just maybe… NOT ANY worse.

I still say it will be the first time homebuyers, the bottom fishers, and the people who keep paying their loans that will truly bail out the economy. So thank you President Obama on behalf of my friends in the title business and the refinance industry for putting life back into our livelihoods.

What this all means for the guy who lost his job and really can’t afford his old lifestyle I am not sure. Actually I am sure; it means too little too late.

We will be addressing the foreclosure rescue plan and how it can help YOU at our monthly foreclosure workshops. The first one is March 5th 2009. For more information read our foreclosure workshop press release.

Mortgage Forbearance on the Horizon: Obama Following His Gut and Major Banks Follow

Friday, February 13th, 2009
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It appears that the financial markets are taking their cues from the President as opposed to the Treasury Secretary. This week we saw the major equity markets tumble as the Treasury’s half-baked Bailout II Plan was partially unveiled.  But most importantly, the markets started to respond– first yesterday- after the President began to dust off the history books and talked about some kind of mortgage forbearance program and an allocation of $50-$100 billion from the Bailout. Today, interestingly enough, Citi Bank and JP Morgan Chase agreed to follow suit and hold off on filing new foreclosures for three weeks until the President announces his new program.

So what can we expect in such a program? If we let history be our guide, during the Depression the government guaranteed a number of home loans that were under water through the Home Owners’ Loan Corporation (HOLC). Its purpose was to refinance homes to prevent foreclosure. The HOLC granted long-term mortgages to over a million people facing the loss of their homes. HOLC was only applicable to owner occupied homes and additionally assisted mortgage lenders by refinancing problematic loans and increasing the institutions liquidity. When the HOLC ended its operations and liquidated assets in 1951, HOLC turned a small profit. Over a period of 12 years or so, the government recouped about 80% of the money they guaranteed.

So how will the Obama administration implement such a program?  Here are my thoughts–in brief.

Today I would run the program as follows:

  1. Owner occupied homes only.
  2. You must be at least 60 days late on your payment.
  3. All homes will need to be appraised in the program.
  4. Banks will need to absorb the first 20% loss of equity. If the banks foreclose, they will lose that money regardless.
  5. The Government will then effectively guaranty a second mortgage that would only be paid back if at the time of a bonafide sale of the home the property had increased in value above the first mortgage. Otherwise, the bank would be reimbursed for the loss of the second mortgage.

If the government follows this game plan it will likely not lose much of its equity, provided the loans are modified with low interest rates and people have income from jobs to support the loans.

Maybe this is what the markets and banks are waiting to hear from the Obama Administration. After all, I thought the purpose of the bailout was to help the economy. Well… there is no better way to help the economy than to stem the flow of foreclosures. We all know that… the President speaks of it, the Banks now recognize it… and so does the market!

Average Americans to the Real Estate Rescue

Wednesday, February 11th, 2009
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As Congress continues to bicker how to spend trillions of our dollars we are noticing an ever-so-quiet thaw in the real estate market.

Lets begin.

First, Staci Calvert, one of my long term staff members who is a senior real estate closer for our title company: Weston Title, came over to me and said she had never seen a 30 year fixed loan close at 4.75 percent! Well folks it happened!  It was a refinance. In addition, as reported in the Wall Street Journal today and other major publications, first time homebuyers and people previously priced out of the market are coming back in to pick up bargains.

You see until now, incomes could not support the old inflated hosing prices. Now the two markets: incomes and real estate prices are converging quickly so that buyers can once again afford to buy.  Add to that, the new, low interest rates and we could all be back in business.

Some commentators have added that foreclosure sales were down in January too. I hate to break the news; but, the decrease in foreclosure sales is likely due to the foreclosure moratoriums imposed by some states and banks during the Thanksgiving to New Year’s holiday season.

Thus, if the bail out really focuses on trimming foreclosures, then maybe – just maybe – we may well see some stabilization in the real estate market. Or maybe, this is just wishful thinking on a Wednesday morning.

Foreclosures: Destroying the Social Fabric, For Now

Tuesday, February 10th, 2009
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By Roy Oppenheim

Yes… The cavalry is arriving today to Florida with President Obama at the helm to discuss the economic stimulus package and how it will stop the displacement of families from foreclosure.

The picture on the front page of our newspapers says it all.

The Sunday New York Times and the Miami Herald today stresses how families are being uprooted and forced to sell their belongings on the curb due to foreclosures, while gangs are taking over suburban streets and marijuana plants are growing in America’s backyards.  So for today this is news, but watch my words, soon this will be old news and the accepted condition… and thus not news at all.

In fact, that is how it was growing up in the Bronx and passing through Harlem and the South Bronx for decades. Written off…  forgotten… NO news… It was the accepted state of affairs. In fact, in college we visited these forgotten areas in a graduate seminar. The course was called: Urban Blight.  Nothing much was written about these areas except in an academic context. How did this happen? How can we avoid it in the future? How can we change it?  Well… fast-forward 27 years and in fact, Harlem is now thriving with a past President taking an office there, as are some of these previous war zones.  But… we are now creating a new phenomenon … Suburban Blight!  And while new… it will become old real quickly.

So we need to act now! We must try at all costs to keep people in their homes. Allowing the banks to foreclose is never the answer, since the banks are the worst homeowners: absentee, indifferent and faceless.

I don’t profess to have the answers, but stopping foreclosures and keeping people in their homes, I am certain, is part of the solution.  Contact me today for more information and stay tuned for the announcement of my Foreclosure Defense Workshops!

Moral Hazards: Rewarding the Stinkers!

Monday, February 9th, 2009
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People are constantly asking me how we got into this economic mess, which is a byproduct of so many folks in foreclosure.  My answer is simple… but direct … how did we get into Iraq?  The answer is who cares? How do we now get out?

But there is a striking difference between these two fiascos: The economy and Iraq is that with the latter  we are actually rewarding bad behavior– otherwise known as moral hazards.

The term “Moral Hazard”s is derived from the casualty (fancy term for fire) insurance industry. It seems that whenever the economy is bad and property values dip there is a “strange” phenomenon… more buildings burn down that have an insurance policy that is greater than the value of the property!

So where is the moral hazard in terms of the economy?  Its all over the place… it is the Bail out itself!!!  Let me briefly explain. Our largest banks and investment banks took on such huge amounts of risk and encouraged such reckless lending practices that they kept telling the small guy….’DON“T WORRY WE ARE TOO BIG TO FAIL!”  In other words if we screw up the government (code word for you and me) will have to come to the rescue of these banks!  And we are! Each family has already lent in future savings and earnings from our children and grandchildren probably about $20,0000 to these banks!

BUT how are these banks and more importantly the individuals who ran these banks being punished? Oh… pay them exit bonuses of a few billion dollars… while my clients, builders, developers and individual families get foreclosed and have to face financial ruin.  Some will say… well your clients didn’t have to borrow the money in the first place? And my response is as follows:

Between a large multibillion dollar institution and a small borrower who has more information about the market? Who as a multi-national enterprise knew how these loans were being packaged, stripped and sold to unsuspecting investors around the globe? Who had a better idea that if this all came crashing down… it would be the small guy who would take the fall?

Bankers have a unique responsibility to their borrower… because  they are in a superior position  in terms of such enterprise knowledge, They may well have a legal duty as a fiduciary  (look it up–lol)  not to put their client knowingly or negligently tied down and blind folded in front of an oncoming freight train.

So… do I feel bad keeping my clients in their homes while I defend them against their morally deficient banks who are trying to kick them out of their homes?  You answer that!

Every Cloud Has a Silver Lining

Friday, February 6th, 2009
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Ok… so as more folks go into foreclosure (I always have to put this in… LOL) and the news of bailout salary caps trickles or more likely barrels through the Ivy League Halls,  we are already seeing some pleasant “surprises” or anticipated consequential behavior. The top minds at our top schools, and our true national treasure, may actually choose livelihoods that make them happy and improve the quality of lives for America and the rest of the world.

Until now, as reported in the New York Times yesterday if you adjusted academic performance and compared graduating students from Harvard for the past 50 years, those that went on to Wall Street made a whopping 300% more than their counter-parts!  Well those days are officially over!  So now, maybe we can and will deploy these top minds into the real business of America: making her stronger, leaner, and better.  I know I am not alone here… even the President of Harvard, Drew Faust, just last year admonished the graduating class to follow their passions and dreams and not their wallets. Ironically, those that heeded her wise advice will likely stand better in this new post 20th Century economy… where small, creative and passionate may truly be beautiful.

Florida Foreclosure Attorney Gets Social

Thursday, February 5th, 2009
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Looking for ways to connect with expert legal advice including Florida foreclosure defense through social networks like Facebook, Twitter, and YouTube?

Now you can connect, subscribe, tweet, and interact with me on topics including foreclosure law and whatever the latest headline legal news might be. I am  sometimes called a news junkie and read various legal and daily  publications  including the Wall Street Journal  and The  New York Times.

Check out the latest news with the launch of my social media channels.

Foreclosure, the Shoemaker and the Economy

Tuesday, February 3rd, 2009
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Yesterday, the Wall Street Journal picked up on the story that I have been talking about at cocktail parties for a year. My shoemaker has never been busier!  It’s true.  In this economy, while thousands of foreclosures in Florida are filed each week, shoemakers’ phones are ringing off the hook!

While it is generally well accepted that men would rather have their favorite shoes fixed than buy a new pair,  it’s now women’s shoes that are also piling up for repair.  While the WSJ chose not to get into the gender issue concerning shoe repair, I thought the major behavioral shift was extremely foretelling and even foreboding.

For one, this notion suggests that either women on their own or by subtle influence from their male counterparts are becoming frugal or financially desperate or both. Now, a Channel shoe that requires a new strap or heal gets fixed instead of given to Goodwill and Fendi pocketbooks that require a few stitches or a new zipper get repaired instead of ditched.

So what does this shoe analogy mean for our nation? As a foreclosure attorney, I see it like this. Shoe repair rather than purchase reflects that our savings rate is going up as a nation, as was just reported by the New York Times today. While, ordinarily that would be good news, it’s not.  Increased savings means people are spending less at the malls (2008 was the worst holiday shopping season in 30 years), which means failure of local stores and decreased sales in malls and in turn, our economic crisis will first only worsen.

Residential and commercial foreclosures in Florida will continue to rise, as more and more people are fired (Macy’s yesterday). People will have less disposable income and thus will have to do with what they got — like old shoes!   In fact, at my shoemaker they hired a seamstress last June so people could take out or in waistlines and lengthen pants for the kids.  Certainly, the increase in shoe repair is only one of the numerous signs that American’s are finally getting the message.