Archive for March, 2009

South Florida Mortgage Rates Looking Up!

Friday, March 27th, 2009
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While I have been so busy in court defending foreclosures I hardly took notice that our staff at Weston Title have been getting busy! We have now more South Florida real estate closings in the office than we have had in at least 6 months!

In fact, the Wall Street Journal reported that 18 percent of all U.S. households will refinance in 2009. That is a whopping 72 percent increase from last year or almost $2 trillion! Interest on these loans will average about 4.7 percent – rates I have not seen in my entire career nor has anyone since the 1950s!

So let our homeowner self-bailout begin! I always said it would be South Florida’s new home buyers and the folks who had maintained good credit that would lead us back to normalcy. But, don’t kid yourself… without the stimulus package the lenders would still be on life support. Now at least we are all seeing and feeling less of a chill as the spring thaw begins. So start shopping around for what will likely be the best mortgage deal you will likely see in your lifetime!

Interested in buying or selling a home in South Florida? Take advantage of these low South Florida morgage rates and contact us at Weston Title for more information.

Biz Journal Covers Short Sales and Foreclosure Ammunition

Thursday, March 26th, 2009
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On the brink of the relieving statistics about South Florida home sales, we are pleased to share with you the recent news of how Oppenheim Pilelsky P.A. continues to help local residents fend off foreclosure. As we have discussed before, there are several options available when facing foreclosure including: short sales, mortgage modification, deed-in-lieu, and bankruptcy.

This week’s South Florida Business Journal included an article by Brian Bandell on one of Oppenheim Pilelsky P.A.’s foreclosure cases that concluded with a short sale. Roy Oppenheim is quoted as the expert source in the article. Oppenheim suggests that in some cases of Florida foreclosure the mortgage note is nowhere to be found. A lost mortgage note will open doors to fight against the foreclosure and provide the homeowner with various options.

Roy Oppenheim will be hosting a FREE Real Estate Bail Out Workshop next Thursday, April 2, 2009 from 6:00 to 7:00 PM.  Topics include:

  • Florida mortgage modifications, refinancing, and short sales and who qualifies for which option.
  • When deed-in-lieu is the best choice
  • When bankruptcy is the only and best option
  • How to negotiate with the bank and avoid deficiency judgments
  • Understanding homeowner legal rights in the foreclosure process
  • Common errors Florida banks are making that could stop foreclosure

For more information on how we can help with your Florida foreclosure defense needs or to obtain a full copy of the SFBJ article please leave your request in the comments section of the blog.

Roy Oppenheim’s Video Pick of the Week

Friday, March 20th, 2009
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My associate, Geoff Sherman, received from a friend a great online video describing how we got into this foreclosure/ financial crisis in a short cartoon. The producer, Jonathan Jarvis, prepared this video as part of his graduate thesis in the Media Design Program at the Art Center College of Design in Pasadena, California. The key here is, he took a really complex issue and by using show-and-tell tools, was able to dissect the issue into tiny morsels of digestible information. It is literally one of the best explanations I have seen on the whole foreclosure/credit crisis. It’s a step-by-step description of how the way mortgages were handled lead up to the foreclosure crisis that America is dealing with now. I hope you will watch it.


Fighting Foreclosures in South Florida: Ch 7 News

Thursday, March 19th, 2009
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Considering South Florida has one of the highest foreclosure rates in the country, it isn’t surprising that the media is looking for expert legal advice on how to fight foreclosure and defend local homeowners.

I recently shared with Channel 7’s Reporter Andre Hepkins about what options homeowners have to defend the foreclosure process and reinforce that there is hope in saving their homes. Many South Floridians need help fighting for their property and I must reinforce that the best bet is to fight foreclosure.

Check out my interview on Channel 7 WSVN and let me know if I can help you with a foreclosure issue.

P.S.

Remember…the U.S. foreclosure issue affects everyone. It is in epidemic proportion. If you, or someone you know needs help, this is not a subject to be ignored or embarrassed by. Hope and solutions are available.  Please join me for my next real estate bail out workshop where we will talk about foreclosure defense as well as relief for responsible homeowners.

Anatomy of the Foreclosure Meltdown: Thank You Jon Stewart

Monday, March 16th, 2009
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Last week an unusual event happened. It occurred on a “news program,” but not on one of the networks prime time shows or, for that matter, even on CNN.  It happened on Comedy Central’s late night program, the Daily Show with Jon Stewart. In fact, NPR and others are calling it a watershed event concerning the current economic and foreclosure crisis.

For those uninitiated, Stewart had Jim Cramer from CNBC’s Mad Money as a guest. Stewart questioned Cramer for not properly watching Wall Street during the ‘shenanigans’ that lead up to the current economic melt down.  All of this, which has been allegedly caused by the over leveraging of hedge funds and investment banks concerning the packaging, sale, and purchase of fangled mortgage back securities.

Stewart told Cramer in plain English that he and the rest of the financial media were “in bed” with Wall Street and rather than fulfilling their obligation as protected by the US constitution – and while, during this, the “Fourth Estate” became their unfettered cheerleaders. Stewart pointed out that Cramer, an exceptionally wealthy former hedge fund manager and Harvard graduate, knew what was going on all-along since he himself had once been part of that very culture.

I don’t want to spoil the fun, so please take a few minutes to watch the interview. This segment will help everyone understand, as I have been suggesting, that while maybe a few borrowers were over zealous in borrowing from the banks, the real culprits were the folks who got paid mega bonuses for transactions that turned out to be part  of nothing other than a systemic ponzi scheme 20 times the size of Madoff!

If you don’t watch the interview the message was simple:  Stop bailing out the culprits and help the little guy who really got screwed or stay away from anyone with a name or show that begins with “Mad.”

The Tipping Point: Rebirth of HOLC?

Wednesday, March 11th, 2009
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As the economy continues to worsen and confidence generally erodes as reflected in part by the Dow Jones Index dropping 25 percent since the beginning of 2009, the question arises: is there indeed a magic bullet to turn the world economy around?

Some have suggested that Wall Street’s exportation of toxic mortgage-backed securities to investors throughout the world was “evil genius” if in fact it was a plan to create the equivalent of a Trojan horse by destroying the rest of the world’s economy. Of course, the problem with that theory is that we took our own economy down in the process. In order to undo the damage and pain that we have inflicted, America needs to unwind or rewind the process. It is hard to envision how to do that unless we dust off our history books and look at what FDR did in a similar situation.

During the depression housing prices had dropped 30 percent.  50 percent of all homeowners were in default and a vast majority of homes were underwater, meaning that there was no equity or negative equity in such homes. This situation is similar to ours now, where rational homeowners have no incentive to keep paying their mortgages. In fact, right now in Florida, a whopping 20 percent of all mortgages are at least 30 days behind, which means that the foreclosure rate will likely double.  Our government has to realize that eventually, a tipping point will occur.  Even the homeowners, who may be under water but are still paying their mortgages, have to ask why they are the only chumps on the block still paying.  When we get to that point in our social and economic fabric it may get so torn that it will be difficult for us to re-stitch it.

So what is the answer?

First and foremost, the government has to get over the whole moral hazard issue. The idea that the government can’t reward bad behavior is now a hollow argument when AIG, and GM did so many things wrong, yet have received tens of billions of dollars in bailout funds and will likely not fully survive. It is fair to say that AIG and its counter parts in default swaps took huge risks and should have been big boys and been responsible for their decisions. Yet, the Federal Reserve decided that the havoc and chaos that would ensue by allowing these titans to fall was a price that, as a society, we could not endure.

The same holds true for the average Joe and our housing market.  Lets face it; the real estate industrial complex represents 25 percent of the entire GNP.  Thus, if people feel no obligation to continue to pay their mortgages forget about AIG, we all have a much bigger problem than worrying about AIG’s obligations to Goldman Sachs and Bank of America – who, might I add, received billions back from AIG thanks to Uncle Sam!

Thus, the answer is so simple and may not even cost the government more than $200 billion over 18 years.  The US government needs to bring back a new version of the Home Owners Loan Corporation (HOLC) that could effectively issue non-recourse loans to homeowners.  These loans are equal to the difference between a homeowner’s outstanding mortgage principal balance and the market value of the home. The proceeds of these loans will go to the banks and be applied to pay down the excess mortgages – thus immediately reducing the monthly payments that each homeowner owes the banks.

However, more importantly, the plan would allow the toxicity of the mortgage-backed securities to quickly disappear almost like a strong dose of an antibiotic to a raging bacterial infection. If the mortgage-backed securities became well again, liquidity would quickly return to the markets, and the banks balance sheets would rapidly improve the stock market – and, most importantly, people’s pensions would not be at risk.

The HOLC was formed in 1933. By the time it wound down, it had only foreclosed on 20 percent of its mortgages and ended up effectively breaking even. Assuming that the cost to the government would be an initial outlay of $200 to 300 billion overtime, the government could realistically expect to see back 80 percent of its investment or a relative small “loss” of $60 billion over seven years.

The key to implementation is simplicity so that everyone understands how we all benefit. Plain and simple, if the swimming pool is drained all boats will float. No more complex administrative policy discussion, what America needs is a simple focused philosophy. If Main Street benefits so does the stock market, and our pensions, and our European friends to whom we sold  “infected” securities. In fact, unwinding this mess is simple, start at the bottom and work your way up the ladder. Not the other way around. And guess what, a bailout that trickles up is sure better than a bailout that does not trickle down.

Today’s NYT Foreclosure Policy Editorial; My Thoughts Exactly

Friday, March 6th, 2009
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Déjà vu. I awoke this morning to today’s New York Times top editorial Helping the House Poor . It was a direct reflection of my Florida foreclosure defense concerns discussed at length last night over the Obama Foreclosure plan. We had a full house of Florida homeowners facing foreclosure, real estate professionals dealing with the foreclosure and short sale markets,  as well as WSVN’s Andre Hepkins reporting on this national economic foreclosure crisis.

The Obama Foreclosure plan problem:  it does little for people who have a small amount or no equity in their homes.

The reason is simple: When you have little or no equity in your homes you have little or no incentive to keep the mortgage current.  “Owner” becomes “renter”… of his or her own home. Meaning that at the end you will have built zippo equity after making your mortgage payments.

Thus, the consensus is building fast. The stock market too seems to be speaking. Until the markets and government address a way to eliminate the negative equity in the mortgage market we will likely not get through this foreclosure mess.

The House of Representatives spoke yesterday too! They passed a major change in the bankruptcy rules allowing a judge to alter the principal amounts of outstanding principal balances of mortgages when it exceeds the market value of homes. We all call that a “Cram Down”. Because the judge is cramming down the principal reduction down the throat of the banks. In other words it’s a forced modification. Some people consider it a cram up… but I won’t go there!

As a foreclosure defense attorney, I’ve been strongly advocating for the judges to have this new authority since it gives us attorneys a new weapon to negotiate with the banks. In my opinion, the threat of the cram down is as important, if not more important, than actually going through the whole bankruptcy process.  In fact, just last night I noted this the missing “club” in the weapon’s arsenal of foreclosure attorneys to help level the negotiating playing field.

I must say it has been rather lonely out there– with little support from anyone including the courts. So, it’s great to see we finally we are getting some help from The President and Congress. But the law has not passed yet. The Senate still needs to vote and things are less certain there.

What can you do?

Do what we’ve been trained to do. Call BOTH your United States Senators and tell them what you think. And remember, if you live in one of the hard hit states for foreclosure: California, Florida, Arizona, Nevada, Michigan and a few others. This new law may determine you, your family’s and your State’s financial health.

For those who joined me last night at the Foreclosure and Bailout Workshop… I thank you for your time and input. Be my guest at my up to the minute Foreclosure Defense Workshops on the first Thursday of Each Month. Next one is schedule for Thursday April 2, 2009 at my office.

Foreclosures Defense Close-Up: Ponzi Nation or Musical Chairs?

Tuesday, March 3rd, 2009
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Sharing my thoughts on Florida foreclosures yesterday with the NBC Nightly News team really brought back some past real estate scenarios.

Long before the Florida foreclosure meltdown and “double sold mortgage” became a widely used term, I represented a commercial pilot for a major airline who owned real estate in the Florida Keys. This client had a great house but wanted to live closer to mainland Florida so that he could be closer to work.

His decision? To sell his house. Nothing unusual… right?
Back then it took a few months to find a buyer, for the buyer to find a mortgage and then a few more weeks to close.

As the closing agent at Weston Title, my staff requested a pay-off letter from the lender and – to our utter surprise and the first time in my career – two banks lay claim to the loan.  In other words the originating bank had sold the loan at least once, or twice, or maybe even more. Who really knows?

But as this client’s real estate defense counsel we could not figure out who owned the loan. Well… the real estate client lost the sale. We advised for him to rent out the property and place the monthly mortgage payments in escrow. He basically followed our advice, save the escrow.

Soon after, the banks started foreclosure. It became ugly and quite a mess. We counter-claimed and got real nasty. Even the judge and mediator could not believe the story. How could a well respected national bank have lost control of their real estate collateral and literally throw their good customer, a well respected professional, under the bus without any concern?

The banks ended up suing each other in federal court. It took years for the matter to resolve itself. In the interim, my client’s credit went down the tubes, his wife got terribly sick from the stress and little did I know it would take until now for me to start connecting the dots.

Yes we settled… my client was appropriately awarded damages, the house eventually sold, and I was paid well for my efforts too!  This scenario should have been a one-time case in my career… an honest mistake by a large bank that mishandled the matter. Ok. That is how I viewed this case for ten years. Well I was wrong.

That was then…this is now.

What we had was the “tippy tip” of a massive iceberg completely submerged and covered by a real estate market that had run amuck due to unfettered greed, poor regulation, complacency, and out right corruption.

So you say what is he talking about? The story is slowly breaking… It started this past Sunday in Gretchen Morgenson’s column on the front page of the New York Times Business Section. She alleges that due to “sloppy bookkeeping” surprise, a few sub-prime mortgages, or for that matter, mortgages were maybe sold more than once into investment pools.

WHAT??  Just bad paperwork?? Fat chance!

According to the well-respected foreclosure defense attorney, April Charney, quoted in the Times piece, and with whom I spent eight hours with in a foreclosure crisis seminar yesterday, these loans were sold systematically and more than once into different investment pools.

It was simple. No one was checking… no one really cared. All incentives, all the way down the line, encouraged this trangressive behavior. Remember how Wall Street bonuses were always paid at year’s-end not after a loan was seasoned? Meaning after a borrower has paid on the loan for a year or two!  In fact, on Wall Street, a loan was seasoned and bonuses paid all the way down the line after a borrower made even one payment!

Do I hear Madoff on steroids? Maybe? Maybe definitely! Maybe that is why Madoff is still at home and not in jail. What does he really know about a ponzi scheme that makes him look like yesterday’s news?

Bear Stearns in the fall of 2007 started seeing the writing on the walls. Internally warning of “double sold mortgages.” Well, I guess they rang the alarm a little too late.

In fact, Aunt Fanny and Uncle Freddy are refusing to buy back loans unless the lender can prove they, and only they, own the loan. That means the lender needs to produce the original note along with all the assignments appropriately endorsed. Shouldn’t be hard?

Why then, should the federal government all of a sudden be concerned if the lender has the note? Judges, until recently, didn’t seem to take notice, except for a few bankruptcy judges in California. The answer is simple. They are slowly catching on that the new money in the investment pools was simply being used to pay for loans that did not exist.

While the party music played and everyone kept on dancing… then all a sudden, the music stopped… oops not enough chairs for everyone.

NBC Nightly News new media journalist Mara Schiavocampo will be exploring these issues deeper this week. So, I guess you can say you heard it here first — from the trenches.