Archive for June, 2011

Banks Offer Short Sale Cash Incentives to Homeowners…Finally!

Wednesday, June 29th, 2011

Banks wise up. Oppenheim Law has been touting 2011 as the “Year of the Short Sale,” and it appears banks are finally catching on.

Two of the nation’s largest lenders, Wachovia and JP Morgan Chase, are choosing to forego the lengthy foreclosure process by giving select homeowners $10,000 to $20,000 to complete a short sale, according to The Sun-Sentinel.

Much has been written about the problems banks are now facing when they chose to foreclose on underwater homeowners including extensive delays, mortgage documentation issues, evidentiary problems and especially high costs. The fact is that foreclosure defense attorneys have ensured that the foreclosure process is highly inconvenient and expensive for lenders.

Because of these inconveniences, there is growing sentiment that the banks need to explore alternatives for dealing with delinquent homeowners. As Oppenheim Law has continuously predicted, short sales have emerged as a viable option for the banks. We won’t begin to ask what took them so long…

It’s interesting, though, that the foreclosure process has been so mismanaged that banks are now paying underwater homeowners to sell their property for less than the remaining balance on the loan. The bottom line is that executing a short sale ultimately benefits everyone involved.

Oppenheim Law has represented hundreds of homeowners’ short sales over the past few years and as a result has seen millions of dollars of homeowner deficiencies waived by the banks. Recently, Oppenheim Law has negotiated a $20,000 cash incentive for one of its clients to complete a short sale. Today’s Sun-Sentinel article is evidence that banks are becoming more eager to avoid foreclosure and complete short sales.
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Florida Bar News Inks Roy Oppenheim’s Letter to the Editor

Monday, June 27th, 2011

Good ink and good timing. We are honored to reprint in its entirety, this letter to the editor written by South Florida Law Blog’s Foreclosure Defense attorney Roy Oppenheim published in this month’s Florida Bar News, coinciding with the annual Florida Bar Convention in Orlando, Florida.

Foreclosure Jurisprudence
Florida Foreclosure Defense Letter to the Editor
After reading the News’ article about the upcoming convention seminar regarding foreclosure jurisprudence, I was compelled to write clarifying what was a rather incomplete description of Florida appellate jurisprudence in the wake of the foreclosure crisis.

While Mr. Coffey’s analysis is focused solely on an appellate review of the crisis, it is important to note the article does little to explain what this truly means in light of the few, but hardly insignificant, decisions that have come down from the appellate courts in this area.

The changes in Florida jurisprudence have occurred in this area not at the appellate level, but at the trial level where judges have run far afoul of the laws that they are supposed to be upholding. A closer look at the appellate decisions show the majority of lower court decisions are being reversed on rudimentary principles of law. This should call into question just how far astray the judiciary has been led by the crisis, a question that can only be answered by looking not to the appellate level, but to the trial level where the problem truly lies.

There is significant evidence that the judiciary, as it relates to the area of foreclosure law, has suffered from systemic failure to protect homeowners’ interests, and that the appellate decisions in this area, while admittedly scarce in number, are an attempt to reign in just a few of the many blatant errors made by the trial courts in this area of law.
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Roy Oppenheim’s Summer School for Homeowners

Saturday, June 25th, 2011

The Florida real estate report cards are out and homeowner summer school is in session, another series From The Trenches with Roy Oppenheim.

“The foreclosure crisis is not over!” says Florida Real Estate Attorney Roy Oppenheim. “Over-crowded court systems, high chronic unemployment and excessive government debt are three major problems that will prevent a real estate recovery anytime soon.”

 

What should the Florida homeowner do?

In a collection of short two-to-three minute segments designed with the Florida homeowner in mind, Oppenheim covers critical headline topics concerning Florida foreclosure defense, housing and homeownership, making it easy for viewers to understand these complex real estate issues.

Oppenheim’s Summer School real estate series:

- The State of Florida’s Real Estate Market

- How to do a Short Sale by Roy Oppenheim

- How to Plan a Florida Strategic Default

- Florida Foreclosure Defense: What does it mean?

- How to Avoid a Florida Deficiency Judgment

- Paying Down Second Mortgages at a Substantial Discount

 

Meet the Wall Street Enablers: Credit Rating Companies

Tuesday, June 21st, 2011

Word on the street is credit rating companies are committing mortgage fraud, and ‘the street’ is none other than Wall Street.

With a foreclosure fraud financial crisis this intense and prolific, there’s certainly enough blame to go around for everyone, but we have one more culprit to add to the list! News broke this week that the SEC is investigating and considering civil fraud charges against credit rating companies for their role as “key enablers” of our country’s financial meltdown.

Critics of the leading credit rating companies like Standard and Poor’s argue that these firms fueled the $1 trillion Wall Street mortgage-securities machine before the boom ended.

Regulators, however, should not be free from blame: there is clear evidence of incompetence and deliberate neglect by the SEC in keeping credit rating companies in line. The fact is that credit rating companies and the SEC itself have served as co-conspirators with Wall Street banks to bury us in this seemingly insurmountable hole.

According to the Wall Street Journal, SEC officials are finally investigating whether the ratings companies committed fraud by failing to do enough research to be able to adequately rate the pools of subprime mortgages and other loans that underpinned mortgage-backed securities.

Allegations continue to swirl that the credit rating companies relied on incomplete or out-of-date information about the pools of loans in the mortgage-backed securities or ignored obvious problems among subprime loans to give unduly high ratings to slices of deals, known as collateralized debt obligations (CDOs), that were then sold to investors.
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Week in Review: Toxic Real Estate, Foreclosure Perks, Shrinking Inventory and Fat Cats

Saturday, June 18th, 2011

Roy Oppenheim in USA Today
Roy Oppenheim talked to USA Today in an article published this week on free falling home prices. It seems the real estate situation in Las Vegas is even worse than South Florida: two out of every three Las Vegas homeowners are upside down on their mortgage.

“I looked at our expenses like a corporation looks at their expenses, and the house was a toxic asset,” says one Vegas homeowner, who fashioned his own bailout with a strategic default.

As of yet, mortgage lenders nationwide have not been aggressive in pursuing deficiency judgments. But Florida foreclosure defense attorney Roy Oppenheim cautions that they still have time, and many will likely sell such cases to debt collection agencies. “I don’t think we’ve seen the end of this yet,” he warns in the USA Today Money section.

Florida foreclosure perks from Fannie Mae
Good news for Florida foreclosure buyers and real estate agents! Fannie Mae offers more incentives (up to 3.5 percent of the final sales price to use toward closing costs) for buyers who purchase a home listed on the company’s HomePath website. In addition, real estate agents who represent the buyer can receive a $1,200 bonus.

Palm Beach County leads state in home foreclosures, but buyers zero in
Paul Owers of the Sun-Sentinel noted Thursday that lenders repossessed 1,133 Palm Beach County homes in May, the highest total in Florida. This is a 56 percent jump from April and 38 percent increase from a year ago, according to RealtyTrac. However, as The Palm Beach Post’s Kimberly Miller reports, South Florida’s real estate inventory is shrinking as the number of homes for sale drops to its lowest number since the economy imploded in 2008.
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Florida Housing Crisis Worse Than Great Depression?

Thursday, June 16th, 2011

Florida Real Estate Goes From Bad to Worse…

Securitized Trusts Face Scrutiny and Housing Crisis Now Worse Than the Great Depression Questions Roy Oppenheim.

From Bad...
Florida real estate is not alone. Serious questions are being raised about the validity and legality of mortgage backed securities, the negotiable instruments at the center of our country’s mortgage boom and subsequent bust.

Now, the state attorney generals of New York and Delaware, the two states whose laws govern the trusts in charge of mortgage backed securities, are investigating whether Wall Street properly bundled and documented the loans that they turned into securities.

The two attorney generals are investigating Bank of New York Mellon and Deutsche Bank, the two largest firms acting as trustees, who were supposed to be responsible for ensuring that the documentation of the securities was proper and complete.

Rules governing the securitization process are very complex, and there are specific steps to be followed to ensure the trusts comply with federal tax laws.

Serious consequences would result if the banks did not follow the proper procedures for establishing a chain of ownership of the loans through the securitization process including the rescission of beneficial tax treatment that trusts are normally given.

These Trusts actually put form over substance to the extent that form is the substance. If the Trustees really did not follow the law, the damages would likely be devastating.

To Worse…
Florida real estate can get worse? The housing crisis that resulted from these mortgage backed securities and Wall Street greed is now worse than the Great Depression.
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From ‘Hope’ to ‘Housing’ – Oppenheim Law Looks Ahead to the 2012 Presidential Election

Tuesday, June 14th, 2011

‘Hope’ stands as a fleeting memory for most Americans as unemployment stagnates, housing prices fall and economic growth looms as a lofty promise unfulfilled. And as we get closer to the 2012 Presidential Election, it’s becoming clear that the ideological political landscape that dominated the 2008 election cycle will be eclipsed by a menacing elephant in the room: the economy.

The President is well aware of the uphill battle he faces when it comes to convincing voters and campaign financers that his economic policies and regulations have not only been what we needed the past three years, but also what we need in the next four. According to The New York Times, President Obama has already started reaching out to the skeptical financial industry on Wall Street, hoping to win back one of his most vital sources of campaign cash.

While many on Wall Street view the President’s financial rhetoric as unfair to their industry, his apparent goal is to prove that his fiscal policies have helped to bring the banks and financial markets back to health and toward sustained growth.

The argument goes that the economy would have been dramatically worse at this stage had the Obama administration not taken the action it did in the wake of the real estate and financial crisis.

But how do you prove a negative? You can’t.

Historically, recessions have been ended by a wave of homeowner refinancing that predictably follows a lowering of interest rates. The President faces a number of obstacles to accomplishing a refinancing boom, however.
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