Archive for June, 2009

Best Foreclosure Strategy: Renegotiate Mortgage in Mediation

Monday, June 22nd, 2009

Well the early statistics are in http://bit.ly/RsUIQ. As expected, we are finding in Florida that the likelihood of completing a loan modification is much higher if conducted with a mediator under court supervision. That’s why it’s likely why we can anticipate that the Florida Supreme Court will require mandatory mediation in every foreclosure action. In fact, in the few Florida counties where mediation is already required a whopping 50% of the foreclosures are settling usually with a new loan amount, a decreased interest rate and with a new lower payment.

It is just unfortunate that borrowers need to take the lenders to the wall before they get the bank’s attention. We are seeing and hearing too many times when the banks just won’t cooperate with a modification until the person is in foreclosure and defended by competent counsel.

I’m not sure if it’s because the borrowers can’t get someone with authority to talk with and negotiate with until they get to mediation or if it is because the banks are just too overwhelmed in the first place.

In any event let’s just hope that the Florida Supreme Court Task Force sees the trend as we do and does the right thing by implementing unified mandatory mediation rules for mortgage foreclosures throughout all of the Florida judicial circuits.

FEMA To Use Foreclosed Homes During Hurricane Season

Wednesday, June 17th, 2009

With the brunt of hurricane season fast approaching, the Associated Press has reported FEMA is considering a plan to use vacant foreclosure properties as a source of emergency housing for hurricane evacuees.

In an interview with the AP, Roy Oppenheim shared his opinion on FEMA’s proposal. He also added more information during a video interview, which can be found on his foreclosure YouTube channel.

“This is an idea we have been talking about for over a year because it‘s so logical,” said Oppenheim. “If Noah hadn’t built the ark, the animals wouldn’t have had any place to go. We need to have this excess housing stock as our national ark for problems that may arise down the road.”

Read on for the entire AP story on FEMA’s plan to use foreclosed homes during hurricanes.

For more updates, subscribe to the Oppenheim Law YouTube channel: http://www.youtube.com/user/OppenheimRoy

What is a Deficiency Judgment

Friday, June 12th, 2009

One of the biggest questions that I am repeatedly asked as a foreclosure defense attorney is, “What is a deficiency judgment and how does it work?”

Answer is: A deficiency judgment is a filing from the bank against a homeowner or borrower that has gone through foreclosure. The filing is for the amount of money that the bank lost because of the foreclosure. This fee is calculated by taking the unpaid loan balance and subtracting the property value from that amount. The unpaid loan balance includes unpaid interest, any fees the bank advanced like taxes and insurance, attorney fees, and costs such as filing fees associated with the foreclosure.

Many of my clients ask, “How can I avoid a deficiency judgment?” and the answer is this: The only way to avoid a deficiency judgment is if the property were sold at a foreclosure sale. However, because most properties are not sold at the foreclosure sale, the bank ends up stuck with the property. That is where this gets interesting…

Once the bank ends up with the property, the bank needs to have a hearing before the judge within a set period of time (10 days or a year depending on the Court’s order ordering the sale). At that hearing, called a valuation hearing, the bank needs to provide evidence of the diminished value of the property. Here, the borrower is free to show that the bank improperly valued the property and that there is no deficiency due or a smaller outstanding amount.

Should the court determine that a deficiency is due, the court will enter a judgment against the borrower, which is good for 10 years and can also be renewed by the bank for an additional 10 years. Frequently, banks sell these judgments in bulk to hedge funds or investors that include collection agencies and law firms that specialize in collecting on consumer debt.
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Roy Oppenheim and the Future of Foreclosures

Thursday, June 11th, 2009

Distressed homeowners are not alone thanks to Foreclosure Defense Attorney Roy Oppenheim as the staggering number of foreclosures continues to grow in South Florida.

To help combat this trend, foreclosure defense attorney Roy Oppenheim offers free legal workshops on the first Thursday of each month to present distressed homeowners the newest strategies to keep them in their homes.

The video below is of Roy before last week’s June workshop. He shared the topics of the workshop including the future of foreclosures and the upcoming Florida Supreme Court Task Force on Home Foreclosures.

“The courts are realizing now that there are, in fact, legitimate arguments and defenses that we have been asserting against foreclosure,” Roy said. “These issues are beginning to gain traction in the courts.”

Roy also discussed the issue of deficiency judgments and the strategies he is using to protect homeowners. Check out the foreclosure interview from Roy Oppenheim and subscribe to his YouTube channel for more updates: http://www.youtube.com/user/OppenheimRoy


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