Archive for March, 2011

Sun Begins to Break on Florida Housing Market

Thursday, March 31st, 2011

Sun begins to shine on Florida real estateAfter a few years of torrential storms blowing against the housing market, residential real estate in the Sunshine State is breaking through the dark clouds. Although the forecast calls for scattered rain showers in 2011, the media is starting to report rays of light that signal a recovery.

Consumers are definitely shopping—and they are buying even if it is for good deals.

On the shopping front, an Experian Hitwise webinar reveals traffic to real estate web sites is up 27 percent in February. That’s the highest gain since the first half of 2009. Although rentals are the key beneficiary, it still bodes well for investors trying to rent property and hold on until property values rise.

But consumers are also buying single-family homes and condos across Florida, and specifically in Miami and Fort Lauderdale. Seems that confidence is starting to slowly come back even if prices are not moving much.

Home and condo sales rose in Florida rose during February, according to the Florida Realtors. Existing home sales increased 13 percent in February with a total of 13,701 homes sold statewide compared to 12,164 homes sold in February 2010. And February’s statewide sales of existing condos rose 29 percent compared to the previous year’s sales figure. Meanwhile, Florida’s median sales price for existing homes last month was $121,900. A year ago, it was $124,500 for a 2 percent decrease.

The Miami Association of Realtors and the Southeast Florida Multiple Listing Service is also reporting good news. Single-family homes and condominiums sales in Miami-Dade County increased 22 percent in February compared to a year earlier. One stand out on the condo front is Canyon Ranch in Miami Beach, where 46 units have sold since October 2010. Ft. Lauderdale posted an 8 percent month-over-month gain in February even as housing inventory declined.
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Video: Roy Oppenheim Calls Debtors’ Prison Illegal, Unconstitutional and Un-American

Wednesday, March 30th, 2011

I’m sorry, is this 1811 or 2011? Back in the day, say the 1800’s, the use of debtor’s prisons was widespread; signatories to the Declaration of Independence, James Wilson and Robert Morris were both later incarcerated, as were 2,000 New Yorkers annually by 1816. Henry Lee III, better known as Light-Horse Harry Lee, a Revolutionary War general, former governor of Virginia, and father of Robert E. Lee, was imprisoned for debt between 1808 and 1809. Sometimes, imprisonment would result from less than sixty cents’ worth of debt.

That was then, this is…then or now?

Last week, The Wall Street Journal published an article about Debtors’ Prisons in 2011. Currently, several U.S. states allow borrowers who are behind on credit-card payments, auto loans and other bills to be jailed. However lawmakers, judges and regulators are beginning to crack down on this practice, which Foreclosure Defense attorney Roy Oppenheim calls “illegal, unconstitutional and un-American.” In this video, Oppenheim explains how that happens and how to make sure that that doesn’t happen to you.

 

So how can Florida homeowners avoid becoming a part of this debtor nation? Roy Oppenheim says, “Don’t put your head in the sand, by ignoring the situation. If you’re in foreclosure, for example, make sure that deficiency judgment isn’t entered against you. Get legal counsel and make sure you know your rights.”

Elm Street or Main Street: Roy Oppenheim on Foreclosure Nightmare on Main Street

Monday, March 28th, 2011

Foreclosures are back… just like Freddy Krueger. Just like in the horror films when things start to calm down and get back to normal… out pops Freddy Krueger again to scare the living daylights out of you.

Well, that seems to be the case here in Florida as it relates to real estate and foreclosures. The news this past week has been that median prices have increased by approximately 22 percent in the past year in South Florida and sales of homes actually also has increased 12 percent from last year.

During the past six months, however, there has been a drastic reduction in the number of foreclosures that have been processed and brought to market due to the fraud-closure crisis that became apparent last fall.

Fast forward to today and we’re seeing the resurgence of the foreclosure crisis. Many of the foreclosure mills have shut down and are being replaced by new firms, many of whom will not process as many cases. Just in the past ten days we have seen an increase in the number of people served in foreclosure and the scuttlebutt is that the process this time around will be faster and more furious.

The unfortunate aspect of all this is just as the real estate market was starting to find its footing, and some even would say slightly rebound, these new foreclosures will either reduce the price of existing real estate or, in fact, bring down prices another 10 or 20 percent. Of course no one knows for sure how buyers will react. Will such additional foreclosures encourage even more buyers to come into the market because they’re getting even a better deal – or will the number of buyers in the market be somewhat fixed or stagnant; increasing supply and reducing the market price of homes?
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Hippos, Hyenas and Foreclosure Mills? Banks and Lawyers Turn on Each Other

Saturday, March 26th, 2011

What do hyenas, wolves and hippos have in common with foreclosure mills?

Upon learning this week that David Stern’s foreclosure mill decided to sue GMAC as well as some other former clients, the only fitting analogy for such backlash and conduct would be to compare it to species known for eating their young.

In fact, it’s not just Stern’s office that is now in a row with its former client. The Ben‑Ezra Law Firm that was dismissed by Fannie and Freddie now refuses to relinquish files that are to be transferred to other law firms.

While it is not certain why the files are being withheld, the logical conclusion is the firm feels that it has not been properly compensated to date for its services. When a law firm is not paid, the firm has what is called an “attorney’s lien” and may in fact hold the original documents until they are properly paid for services rendered.

Together these banks and law firms perpetuated the foreclosure fraud crisis that continues to plague our nation.

Now, not only are the banks trying to fight the country’s homeowners, but the banks and their lawyers are congruently fighting each other.

It seems only fitting that the banks and institutions that have abused the foreclosure process are now going to find themselves in protracted litigation with the very law firms that have been their agents in crime throughout this debacle.

Even if someone had attempted to write this script years ago, it is unlikely anyone would have envisioned the drama that has unfolded. However, after all that has played out between Wall Street and the American people, is it really that hard to believe that the banks could be so cold and callous as the species that eat their own young?

Early “Fraud-closure” Warnings Ignored, Internal Fannie Mae 2006 Reports

Friday, March 25th, 2011

Black hat foreclosure has been an accepted practice since 2006? Unbelievable. Unbelievable. Unbelievable.

As Florida’s top prosecutor continues to investigate the state’s law firms for improper foreclosure work, a report has surfaced showing Fannie Mae was warned in 2006 of abuses in the way lenders and their law firms handled foreclosures, according to the Wall Street Journal.

The fraud-closure problem that’s been snow-balling could have been minimized, if only the government paid attention to documented reports!

This internal report, produced years before regulators began investigating the mortgage industry’s practices, said Florida foreclosure attorneys “routinely made” false statements in court attempting to process foreclosures more quickly.

The report said Fannie Mae officials “believe foreclosure counsel are sacrificing accuracy for speed” but did not name any firms, the Journal said.

How ironic that the government has essentially known of the fraudulent, illegal practices of banks and the mortgage industry for five years, and is still trying to fix these catastrophic wrongs. Essentially, this equates to fraud, perpetuated by the idea that you can privatize profits and socialize losses.

And apparently this is what you get when the fox is asked to clean up the hen house.

It is also interesting to note that after the government took complete control of Freddie and Fannie in 2008 amid soaring loan losses, Florida foreclosure filings soared to unprecedented levels. This report proves that the government is to blame for our real estate debacle as much, if not more, than the banks who have taken the brunt of America’s scorn for years.
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Broward County Order Gives Homeowners Short End of the Stick… Again

Wednesday, March 23rd, 2011

Broward County Order Gives Homeowners Short End of the Stick… AgainBroward County homeowners now face an additional hurdle when trying to complete a loan modification or short sale to avoid a Florida foreclosure.

In Sun-Sentinel reporter Paul Owers’ blog House Keys, Owers discusses the ramifications of Broward County now requiring 10 days’ notice to cancel residential foreclosure auctions according to an administrative order signed by Broward Chief Judge Victor Tobin.

Prior to the Administrative Order, Broward foreclosure auctions could be cancelled only hours before the sale. Now, homeowners looking to cancel a home foreclosure in Broward County are forced to file a motion and be scheduled for a hearing at least 10 business days before the foreclosure sale date.

Oppenheim Law Real Estate Attorney and Legal Bogger Roy Oppenheim was quoted in the article saying, “This will have unintended consequences. Clearly, the homeowner gets the short end of the stick here.”

Effectively, this order limits the time homeowners have to negotiate a short sale or loan modification before their home is put up for auction. Before the order, these deals could be completed up to the last minute.

This order appears to be an attempt to eliminate the backlog of foreclosure cases by limiting the number of homeowners who cancel their foreclosure auctions.

“Roy Oppenheim gets it, and I agree with him,” said Ronald Scott Kaniuk in a comment to the blog. “Courts throughout the state are trying to expedite foreclosures in the mistaken belief that completing foreclosures – even if the process is flawed, improper or ill-advised – is better than having cases continue to proceed on a normal track like any other litigation.”
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Oppenheim Law Round up: Debtors’ Prisons, Bank Settlements and Florida’s Nuclear Plants

Saturday, March 19th, 2011

Could you end up in jail for not paying your bills? Is our country’s need for speed going to derail efforts to end improper loan-servicing and foreclosure practices? How do Florida’s nuclear power plants compare to those in Japan?

Those are just some of the questions being asked this week from top tier business and real estate reporters around the country. Most importantly, the answers could have profound effects on Florida’s housing market and our country’s economy.

Welcome to Debtors’ Prison, 2011 Edition

More than a third of all U.S. states allow borrowers who are behind on credit-card payments, auto loans and other bills to be jailed, according to The Wall Street Journal Business Writer Jessica Silver-Greenberg.

However lawmakers, judges and regulators are beginning to crack down on this practice analogous to the Shay’s Rebellion 2.0 Oppenheim Law described almost a year ago.

In Florida, training this week for dozens of new judges moving to courts with the power to lock up borrowers includes a session about potential abuses of debt-related warrants. “Before we take away a person’s freedom, we want to ensure that there are procedural safeguards,” said Peter Evans, a Palm Beach County, Fla., state-court judge who proposed the session.

A Swift Deal May Not Be a Sound One

This country’s need for speed derailed the mortgage industry, and that same breakneck pace is threatening to ruin a bank settlement being devised by state attorneys general relating to improper loan-servicing and foreclosure practices.

Gretchen Morgenson of The New York Times comments in her column, “While some might argue that a rapid approach will help borrowers, it is apt to benefit the banks far more.”
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