Archive for June, 2009

Roy Oppenheim Advises to Fight Foreclosure

Tuesday, June 30th, 2009

The Sarasota Herald-Tribune interviewed Roy Oppenheim, among other Florida foreclosure attorneys, for his opinion on what to do during the foreclosure process. The article advises homeowners to fight foreclosure and never just give-in to a foreclosure notice. Read on for the full article.

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Attorneys advise clients to stay in their homes

By Todd Ruger

Monday, June 29, 2009

SARASOTA COUNTY – Phil Agnes and other lawyers have two words for homeowners facing foreclosure: Stay put.

The flood of foreclosures has clogged the courts, allowing homeowners to stay in their homes while the paperwork goes through the system. Many homeowners are unaware that they can remain at home for months while the foreclosure is in court, attorneys say.

And homeowners willing to challenge the foreclosure sometimes can remain in their homes for more than a year, sometimes more than two years, just by filing a few basic legal documents.

“It’s in everyone’s best interest to stay in the home,” said Agnes, an attorney who volunteers at Gulf Coast Legal Services Inc.

A legal fight lets homeowners save money for post-foreclosure life, when a ruined credit score makes it harder to find a new place to live.

And there are more advantages, attorneys say: Making the legal process costly and time-consuming may push the lender to find alternatives to foreclosure like a loan modification or short sale, the attorneys say.

Staying in the house does not disrupt family life, and the owner takes care of the home, protecting its value for the bank and the neighborhood’s appearance.

Agnes said he sent letters to homeowners immediately after foreclosure filings, and about a third of them were returned because the homeowners had already left.
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South Florida Real Estate Trends

Thursday, June 25th, 2009

I am a subscriber to the South Florida Real Estate Newsletter written by Evan Rosen, a South Florida Realtor. Each month, Evan sends out a recap of the current real estate trends in South Florida (Palm Beach, Broward, Dade). This month included interesting statistics about the South Florida real estate landscape and compared current and past trends. Read Evan’s analysis of these graphs and to view the graphs, click on the links below.

All of this data has been download from the MLS South Florida residential market and compiled into graphs and statistics.

South Florida Real Estate Trend Charts
Sales Price To List Price Ratio
Number of Properties Sold
Highest Priced Home Sales
Number of Short Sales for Sale
Number of REO for Sale
Average Home Sales Price
Average Days Home for Sale on the Market
Number of South Florida Properties for Sale

Evan Rosen’s Analysis
I always try to let the statistics speak for themselves without giving too much input or opinion, certainly as it pertains to the future. I do however like to point out the highlights or low-lights from the stats or make note of anything I notice while researching and compiling the data that would not be readily observable to the reader.

In this month’s graphs and statistics, we see the continued trend of approximately six months now of level average sales prices. Besides that, I believe there are three other interesting statistics worthy of comment.

  • First, the number of properties selling per month has doubled in just the past four months after an extended period of low sales volume.
  • (more…)

Florida Unemployment Indicates 10 is the new 5

Wednesday, June 24th, 2009

Is 10 percent the new five percent when it comes to unemployment rates just like 50 is the new 30 in age? Roy Oppenheim says, maybe so.

As the index of leading economic indicators shows signs of life, including an increase in new housing starts and in Florida an increase in residential housing sales, it seems odd that no one is noticing that 10 is the new five.

The unemployment rate in the state of Florida just last week hit 10 percent. This is also the number of people in the United States who are at least one month behind on their mortgage payments. And in Florida, 10 percent is the number of people that are actually in the process of foreclosure.

Only just a few short years ago all of these percentages were at five. Five percent unemployment and less than five percent of households that held mortgages were behind in payments. Not even five percent of the population was in foreclosure.

Well that was then and now is now.

The last time the United States had a 10 percent unemployment rate was in 1982; the year I was graduating from college. That is along time ago.

The trouble is that with increasing unemployment, banks will not consider loan modifications if the borrower does not have a job or income. That may come as a surprise to many since a lot of homeowners got their mortgages without showing any income to the bank. However, this time around is more like a ‘bate and switch.’ The rules have changed and guess who ends up holding the bag: YOU!
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How Condo Associations Can Collect Dues from REOs: Turning the Tables on the Banks

Tuesday, June 23rd, 2009

As I was in court the other day, I couldn’t help but laugh as condo associations are now turning the tables on the banks. You see the banks are not exactly the best kind of homeowner. They don’t like to clean their pools, maintain their property… or pay their HOA dues. The judge even commented on the irony and the trend as expressed in a related article in the WSJ last week.

In fact, the Associations have had enough and are now foreclosing out the bank’s interest by suing the banks for back assessments as well as for new assessments that the banks have incurred since the bank became the owner of the property. Interestingly, the banks thought they were so eager to own the property and now have all the “joys” of ownership.

It reminds me of the proverbial proverb to “always watch out for what you wish for.” Here the banks wanted the property… well now they got it.

If you are on the board of a condo or homeowner’s association and would like our firm to evaluate the possibility of suing the real estate owned by the banks (REO) for failure to pay their association obligations please feel free to contact us.


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