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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