As Florida leads the nation in mortgage delinquency; Foreclosure Defense Attorney Roy Oppenheim announces Oppenheim Law’s 26th consecutive monthly foreclosure defense workshop, now scheduled for Wednesday December 8, 2010 from 6:00 to 7:00pm. Oppenheim, who has coached thousands of homeowners through his seminars, will focus on how homeowners can fashion their own bailout through strategic default.
Tune into Oppenheim Law TV or come in person to the Boca Raton studio located at 95 NW 11th St., Boca Raton, FL 33432.
Please RSVP via email jackie@oplaw.net or call 954.384.6114.
As Florida leads the nation in mortgage delinquency; Foreclosure Defense Attorney Roy Oppenheim announces Oppenheim Law’s 26th consecutive monthly foreclosure defense workshop scheduled for Wednesday December 8, 2010 from 6:00 to 7:00pm. Oppenheim, who has coached thousands of homeowners through his seminars, will focus on how homeowners can fashion their own bailout through strategic default.
Tune into Oppenheim Law TV or come in person to the Boca Raton studio located at 95 NW 11th St., Boca Raton, FL 33432.
Below are some questions and answers from the workshop:
How does a lawyer get the judge to do the right thing in following their responsibilities of a judge?
If a judge makes a bad decision, a judge can be appealed. If the judge is not following law or makes a bad decision, they can be appealed and the decision can be reversed
What typically happens when the bank trying to foreclose does not own the mortgage? Does it get dismissed until the proper mortgage holder is located?
It should get dismissed as a matter of law. However, judges love to give banks a lot of chances to get it right, so the judges will usually allow the case to continue to the summary judgment stage. At that point, if the bank still can’t produce an assignment then the summary judgement will be denied. This is not good law, but rather the judge made lore that has no precedence other than for appellate courts to tell the lower courts to knock it off. That happens frequently these days, but not often enough.
Around 11 million Americans owe more on their mortgages than their homes are worth. Some economists suggest that the government should encourage banks to write down the principal of some underwater mortgages.
How can you guarantee that you are free from any deficiency judgment with a severely underwater mortgage? (more…)
Once again, we have Lore versus Law. I’m sure by now when you hear the term “Rocket-Docket” you immediately associate this term with how the Florida’s courts are handling the foreclosure crisis. For those of you who don’t know, Florida’s legislature appropriated approximately $9.6 million this year from Federal stimulus funds to clear out the courts’ backlog of foreclosure cases. The funds are being used to create special foreclosure divisions (“Rocket Dockets”) that are heard by retired senior judges in order to clear 62% of the backlog by July of 2011. It usually takes less than a minute for the judge to hear and make a decision per case.
Earlier this year, the American Civil Liberties Union (ACLU) began investigating issues surrounding the Rocket Dockets in Courts throughout the State of Florida. During their investigations, it has come to their attention that some courts are violating both the constitutional and legal rights of the media and the public to attend these foreclosure hearings.
The ACLU, the Florida Press Association and several other journalism groups addressed several reports of Courts restricting access to the media, and in some cases homeowners, in a joint press release. Along with sending letters to Florida’s Supreme Court Chief Justice, Charles T. Canady and Chief Judge Donald R. Moran of Florida’s Fourth Judicial Circuit requesting that they investigate these allegations and take corrective actions.
The letters sent to the Judges provide a brief illustration of some of the reports the ACLU and other groups have received: (more…)
There is something so deeply wrong and disturbing with the current foreclosure crisis.
Simply: While most of us have some opinion as to the foreclosure mess, many don’t seem to care about the incredible amount of fraud that has occurred and continues to take place each day.
Some argue that people who fail to pay their mortgages, regardless of their reasons, are “deadbeats.” But, what about the fact some of the largest and wealthiest banks are missing documents used to remove people from their homes? And, in our “rocket docket” State of Florida, there are retired judges who are merely rubber stamping the foreclosure papers filed by the lenders’ firms without actually reviewing the merits of each case?
Shouldn’t it matter that many of these cases result in people being forced to leave their homes when the very banks in question can’t even produce the documents needed to prove their case? Isn’t it a bit odd that these wealthy banks are not being subject to the same level of scrutiny?
Or is this politics as usual? After all, many of these banks sold the mortgages of people to “investors” –other banks or trusts. And, many of those trusts do not have the documentation to prove they have the original documents. Wall Street, in fact, was part of this process and made huge sums of money. (more…)
Foreclosure defense attorney and legal blogger Roy Oppenheim shares valuable insight into foreclosure defense and the current state of the mortgage crisis during the My Empowerment segment of The Balancing Act on Lifetime TV.
The segment, which aired this morning at 7 and 8 a.m. EST, covered topics ranging from options for underwater homeowners to experts’ long and short-term outlook for the housing market.
Here is the interview in its entirety:
About The Balancing Act
The Balancing Act inspires and empowers with entertaining and educational shows, positioning women to achieve success in every area of their lives. My Empowerment Wednesdays feature hosts Beth Troutman and Kristy Villa reviewing finance-related books, talking about the “do’s and don’ts” of dressing for success, job interviews, and sharing super savings on everyday items and groceries.
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Roy Oppenheim spent about one hour on the phone with The New York Times real estate reporter David Streitfeld talking about what it’s like to be a foreclosure defense attorney. Although Oppenheim has been practicing real estate law including foreclosure defense since 1989 starting out on Wall Street, there is no doubt the past two years have been the busiest helping homeowners fashion their own bailout. Oppenheim’s strategy includes an educational component by hosting monthly foreclosure defense workshops since October 2008.
“Until recently, foreclosure defense would have been considered the lowest of the low — below the divorce guys, below ambulance chasers,” said Mr. Oppenheim, who practices in Weston, Fla. “The idea was inconceivable that you might have legitimate defenses when your client did not pay the bank that had lent them a sum of money.”
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As Florida leads the nation in mortgage delinquency; Foreclosure Defense Attorney Roy Oppenheim announces Oppenheim Law’s 26th consecutive monthly foreclosure defense workshop, now scheduled for Wednesday December 8, 2010 from 6:00 to 7:00pm. Oppenheim, who has coached thousands of homeowners through his seminars, will focus on how homeowners can fashion their own bailout through strategic default.
