Archive for August, 2011

Power Play in Foreclosure Arena: New York Attorney General Sides with Consumers

Wednesday, August 31st, 2011

It’s called doing the right thing for consumers!

New York Attorney General Eric Schneiderman stands alone on the side of the consumer, seemingly everyone else against him.

The banks are trying to wipe out all of the potential claims against them, and they are being helped by the Obama administration, the Federal Reserve, and most of the State Attorney Generals. Only one man, New York Attorney General Eric Schneiderman, seems to find anything wrong with the idea that the banks should pay only $20 billion to wipe out all liability from their widespread fraud, perjury, and tanking of the world economy.

Now the Obama administration is in a full court press trying to get Mr. Schneiderman to drop his objections. Housing and Urban Development Secretary Shaun Donovan has reportedly been calling the AG’s office to try to get Mr. Schneiderman on board with the patented “Get out of jail for a pittance” plan.

Thankfully, Mr. Schneiderman seems to have other, more radical, ideas like actually doing his job. He has opened numerous inquiries with real, live experts to look into the well documented systemic disregard for the law and ethics.

Mr. Schneiderman also sued to stop Bank of America from rushing through their $8.5 billion settlement with investors in Countrywide’s mortgage backed securities (MBS). While the big boys like the New York Fed and Bank of New York Mellon secretly negotiated the settlement, they are refusing to let other plaintiffs, like teachers’ pension funds and retirees in Europe, see if the deal is fair.

Apparently, such action was too much; the AG simply crossed the line by protecting teachers and retirees.
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Oppenheim Law Reports Short Sales Up, Saves Homeowners Millions

Monday, August 29th, 2011

In an official Florida real estate news release, Oppenheim Law reports about 80 percent of its Florida foreclosure clients had deficiencies completely waived once they closed their short sale, also known as a pre-foreclosure sale, saving homeowners more than $16 million dollars in 2010/2011.

The lesson learned: by working with the banks, homeowners can craft their own real estate bailout and avoid a deficiency judgment.

“We are seeing banks focus on more efficiently clearing distressed inventory through more streamlined short sales,” said South Florida Law Blog’s Roy Oppenheim.

The increase we’ve seen in short sales is in line with numbers reported by RealtyTrac, reporting a 19 percent increase in short sales in 2011’s second quarter, while the number of bank-owned sales was stagnate. 12 percent of nationwide sales were short sales, according to the Q2 2011 U.S. Foreclosure Sales Report released by RealtyTrac.

“The short sale program is not a government bailout, it has evolved through American ingenuity,” reminds Oppenheim, “but is one of the only programs that is truly working.”

Florida banks see the short sale light

The banks would not be approving these shorts sales if it wasn’t an upside for them too, and it is. Banks have finally realized a short sale will also help their bottom line.

The average price for a home sold in short sale was $192,129 in the second quarter, 21 percent below the average price of a non-foreclosed home.

Yet a home that went through foreclosure sold for an average of $145,211, nearly 40 percent lower than a non-foreclosed home.
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Florida Fair Foreclosure Act: Devil in the Details

Thursday, August 25th, 2011

Trust the banksters . . .

we think not!

Florida Foreclosure Defense Attorney Roy Oppenheim says:

Florida Homeowners Beware!

The proposed Florida Fair Foreclosure Act, at first glance, appears to be fair for homeowners.

But watch out; it is actually only meant to be fair to the banks. The Act allows banks to rapidly and without supervision steal homes right from under the homeowners feet.

No more surprises!

The Act’s promising start begins with provisions requiring notification in BIG and bold letters informing borrowers and tenants that they are in danger of losing their home.

Show me the note! The Act also requires the bank to actually be the owner and holder of the mortgage and note at the of filing the lawsuit and to attach such note to the complaint. Seems like common sense, but given the vast amount of improper foreclosures I guess it was about time to spell out the requirements of existing law that has not changed in 100 years.

Injustice, give me due process!

After a seemingly homeowner named Act, false alarm, the banks win yet again. Hidden within the Act is a provision permitting banks foreclosure on homes without using the judicial process. As if banks did not have it easy enough before, the Act effectively speeds up the bank’s ability to throw people out of their home without due process of law.

Homeowners, stand your ground!

There is no justice for homeowners with non-judicial foreclosure. Of course a homeowner could consent to use of this procedure, but regardless, the Act makes foreclosing on homes as easy as 1, 2, 3 by allowing judicial bypass if:
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Oppenheim Law Questions: Investors Want $200 Billion From Banks, Consumers Get $20 Billion?

Tuesday, August 23rd, 2011

There is a surge of investors seeking compensation for the troubled mortgages that led to the financial crisis. But what about the consumer?

Oppenheim Law finds it predictable, but highly disappointing, that big-money investors might get much more money from the banks than regular folks. It is also quite concerning that the solvency of the banks might be threatened if the lawsuits succeed.

We live in a crazy, crazy world.

Investors who invested in bundled mortgages during the housing boom are now suing the banks who sold them the mortgage-backed securities. Investors are claiming that banks misrepresented the quality of the investments and want the banks to cover their losses.

Currently, these investors have filed lawsuits demanding more than $200 billion dollars in exchange for the securities themselves. Due to the drop in housing prices and large scale defaulting, the securities are worth much less than what investors paid for them back during the housing boom.

The investors want to return the substantially lower value securities for the money that they paid for them. The exact amount that investors are demanding is even greater than $200 billion since some of the lawsuits didn’t specify the amount sought.

AIG, still largely owned by the taxpayers, has also joined the party with a $10 billion lawsuit against Bank of America. AIG claims that it is also preparing similar lawsuits against other big banks including JP Morgan Chase and Goldman Sachs.

Consumers, meanwhile, are slated to get about $20 billion through the 50 state lawsuits. While not one big investor has been illegally thrown out of their home or been subjected to predatory lending, they are still gunning for the full amount allegedly owed to them.
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S&P Downgrades USA. The Response: USA Downgrades S&P

Sunday, August 21st, 2011


We all know that you shouldn’t pick a fight with someone stronger than you. Apparently, no one chose to tell Standard and Poor’s (S&P). The ratings agency, which recently downgraded the American government’s debt rating, is now being investigated by the Justice Department for its role in the mortgage-backed securities bonanza.

While the New York Times is reporting that the investigation was started before the downgrade, it is noteworthy that the investigation is not thought to be looking into Moody’s or Fitch, the other major credit rating agencies. And although the investigation reportedly started before the downgrade, it is curious that it is only being reported now.

The investigation is focused on the ratings S&P gave to mortgage-backed securities (MBS), many of which were backed by sub-prime mortgages. S&P gave a AAA rating to many MBS’s, the agency’s highest rating and one that the Government enjoyed until recently. So how could a pool of sub-prime junk mortgages ever have the same AAA rating as a US Treasury bond?

Of course, it was based on such ratings that many investors chose to invest in these securities.

The problem: the ratings agencies, Moody’s and Fitch included, get paid by banks to rate their securities.A conflict of interest emerges because the agencies rely on the fees generated by the reviews and so are tempted to give securities a higher rating to keep the banks’ business.

It’s like a restaurant critic getting paid by a restaurant to review its food.

The investigation is looking into allegations that ratings analysts wanted to give certain securities lower ratings than they got but were overruled by business managers concerned about the bottom line. The managers presided over record profits during the housing boom when many failed securities were first given their high ratings.
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B of A Trading Modifications for Lawsuits

Friday, August 19th, 2011

Good news for underwater homeowners? Possibly.

Relaxed modification rules are one way to ensure you stay in your home at a price you will be able to afford.

Bank of America is reportedly negotiating with both federal and state governments over limiting the legal liability it took on when it purchased Countrywide in 2008. When Bank of America bought Countrywide, it stepped right into the middle of the subprime mortgage mess and also the foreclosure document mill scandal. Now B of A is facing lawsuits from investors and federal and state governments.

B of A wants to reduce the amount it will have to payout to settle the consumer claims with the 50 states by offering loan modifications on a large scale. The proposal is gaining traction with some of the attorney generals, but both sides are concerned that a potential deal will create a moral hazard by encouraging people to put themselves into a worse financial position than they currently are.

If B of A settles, it will be able to put some of the legal liability it inherited when it bought Countrywide behind it and move on. By doing modifications, the Bank can also lessen such costs because the Bank will be able to settle the lawsuit for less money.

If the modification idea does make it into a settlement, it could open the door to relaxed rules and maybe even principal reductions, something almost unheard of in the current climate.

Bank of America also doesn’t want a protracted fight with the government such a fight will turn out to be a PR nightmare. It is in B of A’s interest to get the entire crisis wrapped up and over with.
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Prediction: “Impossible Number” of Foreclosures to Come?

Thursday, August 18th, 2011

If the apple does not fall far from the tree; how far does the real estate market fall from foreclosures?

More than 11.5 million people will eventually default on their mortgages, predicts a leading mortgage analyst.

Did you read that right? Yes.

It’s no surprise that the weakening real-estate market has a strong correlation to the amount of severe negative-equity properties forecast to foreclose. Just like the old saying goes: the apple does not fall far from the tree.

Amherst Securities Group LP, one of the most respected companies in mortgage research, fears the current conditions are leading to an “impossible number” of defaults. This means more homeowners will lose their homes and more properties will be foreclosed.

So what does this mean for you?

More foreclosed homes mean an even greater supply of distressed homes. This excess inventory will lead to greater drops in the values of houses, not to mention the effects on communities as a whole.

As a result of more distressed houses, homeowners will also find it even more difficult to sell their houses. Such conditions lead to a feedback loop of underwater homes because of greater drops in home values and therefore a greater number of foreclosures.

To make matters worse, government intervention could alleviate the pain, however, the government seems unable or unwilling to do what needs to be done.

In order to stabilize home prices, government-owned Fannie Mae and Freddie Mac could remove excess inventory from the sale market and list them on the rental market. A smaller sales inventory will stabilize the market and help home prices to begin to recover. A greater amount of homes in the rental market will also cause rental prices to drop, helping struggling renters who are unable to buy.
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