Archive for April, 2012

Oppenheim Law: In The News

Friday, April 27th, 2012

Survey: Mortgage Foreclosure Scams Surge

Oppenheim Law In The News

Not only is America’s foreclosure crisis still going strong, it now comes with even more fraud and deception.

With heightened media coverage surrounding the recent national mortgage settlement and refinements to government assistance programs, experts say selling “the schtick” has only become easier for criminals. But there are red flags consumers can watch out for when trying to determine whether or not an organization is legit.

First, homeowners should never have to pay anything up front for a loan modification or information on how to negotiate with their lender, says Roy Oppenheim, whose Florida-based law firm Oppenheim Law has handled more than 1,000 mortgage and foreclosure fraud cases over the past 5 years.

“If you’re paying upfront to a non-lawyer who’s claiming they can modify your loan, that’s a big scam,” Oppenheim says.

Read More from US News and World Report

Short Sales Soar as Home Foreclosures Fall

The foreclosure crisis isn’t over, but a new trend in real estate sales could be the light at the end of the tunnel for many borrowers and lenders. Short sales, which occur when homeowners sell their homes for less than what they still owe, outpaced foreclosures for the first time ever in January,according to a new report from Lender Processing Services, Inc.

The Federal Housing Finance Agency announced this month that mortgage servicers will be required to review and respond to short sale offers within 30 days and make final sale decisions within 60 days. The new requirements, which take effect in June, have kept lenders busy expanding and training the staff needed to catch up with growing short sale demand.
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What Did Chuck Coulson Think of Banks ‘Hatchet’ Job on Homeowners?

Wednesday, April 25th, 2012

What would he have said about the banks fraudulent acts?

Last weekend Chuck Coulson, the man once called Richard Nixon’s ‘hatchet man”, passed away at the age of 80.

Known both for his being one of the Watergate Seven and his subsequent 2nd life as a born-again evangelist, I can only wonder what he thought of of our current foreclosure crisis.

I don’t know if he ever gave it much thought, but I suspect there would be a level of amazement.

Watergate, which started over a single break-in, landed almost 50 men in jail, including many top Nixon aides like Coulson.

The banks have broken into thousands of homes in their efforts to secure ‘abandoned properties’. Except you and I both know that most of these homes were anything but abandoned.

Sometimes they weren’t even in foreclosure. I’ve had about a dozen clients who’ve had their locks changed or had their homes ransacked by repo agents who were hired by the banks.

The banks, playing the role of Nixon and his cronies, have used aggressive tactics that Coulson, in his days as Nixon’s legal counsel, might have employed.

Coulson allegedly said he would walk over his own grandmother to get the president re-elected, which sounds appropriate because banks have done almost everything else in order to foreclose on homeowners who often didn’t deserve it.

Yet for crimes that would seem to fit in any file on Watergate, there is not a single banking executive who has been arrested.

I’ll bet good money Coulson would wonder why.

Coulson was convicted for his efforts in trying to discredit the man who leaked the Pentagon Papers, but what would he have said about the ‘hatchet job’ banks have done on homeowners?
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Schneiderman And Mortgage Fraud Task Force: Are We Being Hoodwinked?

Friday, April 20th, 2012

 

Are we being hoodwinked by the mortgage fraud unit?

Courtesy:Cesar Cabrera Photography

When President Obama stood before Congress and the American People three months ago and promised to hold those behind the housing crisis ‘accountable’, I was hopeful.

In the days that followed, his new field general Eric Schneiderman was unveiled and almost immediately action was taken.

When Schneiderman issued subpoenas, just days after the President appointed him to run his new Residential Mortgage-Backed Securities Working Group, I thought that perhaps, FINALLY, a corner had been turned.

But it’s becoming clear to me now that the train that is the RMBS Working Group hasn’t left the station, and depending on who you believe, there may not even me a station built yet!

After those few weeks of full-court press by Schneiderman, there hadn’t been a peep about the status of the Working Group’s investigation. Yes it may have only been three months, yet I fear that the bold vision you and I were sold might turn out to be just another empty promise.

The press only turned its attention back to the Working Group after a brutal Op-Ed in the New York Daily News. The co-directors of the Metro Industrial Areas Foundation, a citizens coalition group, called Schneiderman out and said they had yet to see any footprint of the RMBS Working Group’s investigation.

The 55 staff members promised by Attorney General Eric Holder were nowhere to be found, the pair claimed.

Yet even this Op-Ed could only draw Schneiderman’s mouthpiece out of the woodwork, rather than the Attorney General himself.

Spokesman Danny Kanner refuted their claims, saying that attorneys and other investigators had already been hired, that we shouldn’t draw any conclusions by the lack of public announcements.
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Era Of The Short Sale Has Arrived. Hallelujah!

Tuesday, April 17th, 2012

Maybe you weren’t convinced the first time I told you the era of the short sale was finally upon us.

I can’t blame you for thinking that banks were acting irrationally when it comes to the foreclosure process.

But Lender Processing Services just offered up the most convincing numbers to date that short sales are no longer just some pie-in-the-sky dream for distressed underwater borrowers.

For the first time in the US, LPS says there were more short sales in a single month then there were foreclosures.

In January short sales made up 23.9 percent of home sales, while foreclosure sales made up 19.7 percent of all home purchases.

Of course that means that over half of all real estate closings are for distressed homes.

A year before, the percentages were skewered in the opposite direction. In January 2011, 16.3 percent of home purchases came through short sales, and 24.9 percent were foreclosures.

Why are the banks now convinced, as I was long ago, that going through the long and harrowing process of a foreclosure is not their best option?

The proof is once again in the numbers. On average, foreclosed homes sold for 29 percent less than non-distressed properties in January.

Homes sold via short sale? They went for 23 percent less. Here in Florida, LPS says short sales have outnumbered foreclosures since July.

That means short sales are a better deal for the banks, plain and simple.

The truth is banks don’t want to own these properties, they certainly can’t handle maintaining these homes, and they just end up laying waste to neighborhoods by hanging on to them.
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