Archive for June, 2011

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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Real Estate Review: Mortgage Rates Set New Low, Homeowners Get More Time, Banks Get Blame and “Reverse Foreclosure”

Saturday, June 11th, 2011

Real Estate Review: Mortgage Rates Set New Low, Homeowners Get More Time, Banks Get Blame and “Reverse Foreclosure”Mortgage Rates Set Fresh 2011 Low After Jobs Report

Fixed rate home mortgage loans dropped for the eighth straight week to a new low for 2011 amid concerns of another economic slowdown this year, according to data from Freddie Mac and a report by The Wall Street Journal.

The 30-year fixed-rate mortgage averaged 4.49%, down from 4.55% last week and 2010’s 4.72% average. Rates on 15-year fixed-rate mortgages fell from 3.74% to 3.68%. 15-year fixed-rate mortgages averaged 4.17% in 2010.

Lawyers Get More Time to Finish Foreclosures

Florida foreclosure defense is translating into more time for plantiff bank attorneys to complete a foreclosure, according to an article in the Palm Beach Post.

Due to the reality of Florida’s overloaded court system and swirling questions surrounding the validity of foreclosure paperwork, Fannie Mae is now allowing bank attorneys up to 450 days (about 15 months) for lawyers to complete a foreclosure before fines are levied. The previous time limit was 185 days, or about six months.

The increased time needed to complete a foreclosure legally and correctly against a homeowner is due in large part to Florida foreclosure defense attorneys working to protect the rights of South Florida homeowners, according to Roy Oppenheim.

Obama Blames Wells Fargo, Bank of America, Chase for Modification Failures

The three largest U.S. mortgage lenders are getting some heat from the Obama administration for the failures of the federal foreclosure-prevention program, according to The Associated Press.

The lackluster performance of Wells Fargo, Bank of America and Chase with helping homeowners lower their mortgage payments has led the Obama administration to remove financial incentives it had given these lenders.
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