Archive for August, 2009

Buyers Beware: Time is of the Essence but Knowledge is Power for the First-Time Homebuyer

Wednesday, August 19th, 2009

Buying a home is a big decision; a choice that should be carefully thought out. Unfortunately, time is running out for eligible first-time buyers as the November 30th deadline for the $8,000 nonrepayable federal tax credit quickly approaches. Although time is of the essence, first-time buyers must do their due diligence by making sure they qualify for this tax credit.

Realtors have seen an influx of much needed business as people are anxious to take advantage of the government’s offer. Many of the buyers who have kept a keen eye on the market waiting for the best time to buy are finally getting off the fence. Papers have reported that buyers should try and have contracts in place by September 30th as it typically takes two months to overcome several hurdles, such as inspections and mortgage approvals.

Buyers must be aware of the strict list of criteria needed to qualify for this tax credit. The Miami Herald recently reported that 24 criminal investigations are underway as fraudulent claims have been filed across the U.S. Yes, accidents do happen, but in some cases smooth talking tax preparers and dishonest taxpayers have capitalized off falsifying claims to gain access to this federal tax credit. A Florida tax preparer who recently entered a guilty plea last month faces up to three years in prison, and/or a $250,000 fine.

The bottom line: act fast but know the rules. For all details regarding the tax credit please go to: http://bit.ly/aN0Co and www.westontitle.com

http://bit.ly/mT8nY

Roy Oppenheim is quoted in the Daily Business Review on the Final Report from the Florida Supreme Court’s Foreclosure Taskforce

Tuesday, August 18th, 2009

Foreclosures: Mandatory mediation urged to help streamline process

By Jordana Mishory

Florida Supreme Court task force is calling for uniform mandatory mediation for all residential foreclosure cases in the state to deal with the tide of foreclosures that has swamped courthouses.

The proposal, obtained by the Daily Business Review, calls for all circuits to implement a mediation process modeled on a program used by the Miami-Dade Circuit Court and two others, where lenders pay for the mediation and borrowers provide their financial information to the lenders.

The goal is to require lenders and borrowers to meet in the hopes of working out a solution that doesn’t tie up the courts’ limited resources. Both sides in the foreclosure process have complained of an endemic lack of communication that bogs down cases.

“The task force determined the real problem here was capturing an opportunity for communication — for the borrower and the lender to convene in an informal and non-adversarial session to determine what could be worked out if anything,” according to the task force report.

If the proposals are adopted by the Florida Supreme Court, it would be the first instance of a uniform statewide effort in Florida to handle the glut of foreclosure cases clogging courthouses. Different circuits around the state have been dealing with the problems independently, but the lack of uniformity has caused problems.

According to the task force report, nearly 176,000 foreclosure cases have been filed from January to May of 2009. The volume has increased steadily.

In Miami-Dade there has been a 474 percent increase in foreclosure filings between 2006 and 2008. In Broward it has increased 516 percent and in Palm Beach County 496 percent.
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The Florida Supreme Court Task Force on Residential Mortgage Foreclosure Cases speaks out: Chastises Banks and Banks’ Attorneys.

Monday, August 17th, 2009

Today, the Florida Supreme Court Task Force on Residential Foreclosure Cases issued their final report. While the report is over 50 pages in length, they are making a number of very important recommendations that should help Florida homeowners.

Specifically, they are requiring mandatory mediation for all homestead property in every county in the State of Florida. Right now, only a few counties including Miami Dade and Palm Beach County have mandatory medication. The report states that in those counties where there has been mandatory mediation, approximately 75 percent of all cases are settled in mediation. Further, the Task Force is recommending that there be pre-suit mediation in order to reduce the clogging of the court system. The Task Force is also requiring that the banks– not the borrowers— pay for the mandatory mediation.

The Report also mentioned that mortgage modifications are becoming more effective. In fact, they mention that in those loans that have recently been modified, there has been a drop in the re-default rate by 31 percent. Further, they indicated that loan modifications overall increased 55 percent from the fourth quarter of 2008 to the first quarter of 2009 and increased 173 percent over the past year.

The Task Force also took great issue with a number of tactics that have been used by the banks’ attorneys. Specifically, in relevant part, the Task Force stated: “A leading plaintiff’s lawyer and a major plaintiff’s law firm have been the subject of a public reprimand and sanctions due to untruthful filings with the courts. Judges continue to see affidavits of amounts due and owing signed by law firm employees, and cost affidavits charging very high service of process fees for process serving firms owned by the law firm principals. To some extent, it is fair to be concerned whether the press of the caseload is interfering with a judge’s ability to police the conduct of the firms before them in these usually uncontested, unopposed foreclosure cases.”
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Must See TV on CBS 4: Best Ways to Get Hired During a Recession, Roy Oppenheim Tells All

Monday, August 17th, 2009

Donald Trump’s famous words: ‘Your Hired!’

Finding a job in a recession takes more than just a resume, Attorney and Law Blogger Roy Oppenheim tells viewers tonight on CBS 4 Neighbors to Neighbors. what it takes to get hired in South Florida.

Pouring through hundreds of qualified resumes, emails and messages, Oppenheim tells how to get noticed when the economic odds are against you. Connections, relationships, networks, training, books and internships are all part of reinventing yourself when at the mercy of the economy.

Oppenheim is not only a partner in Oppenheim Law but is a principal of Weston Title & Escrow, Inc. and sees it all when it comes to employment do’s and don’ts.


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