Archive for the ‘Deficiency Judgements’ Category

Foreclosure Mills, Bank Fraud and the Housing Market — 2011′s Top Headlines Pt. 2

Saturday, December 31st, 2011
Continuing our list here’s Pt. 2 of our Top 10 stories for 2011 —

As 2011 got underway we were presented with a fascinating yet disturbing report by the Florida Association of Court Clerks called “Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases”.  It brought these horrible practices into the harsh light of day.

“What we got from this is the state has had the opportunity to see where the laws have been broken,’ Palm Beach County Clerk and Comptroller Sharon Bock said at the time, “and frankly, it is in large part thanks to the work of the defense attorneys.

We cited April Charney from the Jacksonville Area Legal Aid and Peter Ticktin and many others wonderful attorneys who have taken bank officers’ depositions, challenged judges rulings and fought the good fight for the Florida homeowner.

#4 — Cracked! Humpty Dumpty, Chase and GMC, the Bank Fraud Foreclosure Crisis Continues to Fall!

Somewhere along the line, the overly ambitious bankers on Wall Street had the “great idea” of slicing and dicing the interest of the Promissory Note and literally severing it from your Mortgage. Why? Convenience,expediency, and, arguably, greed.  And much like Humpty Dumpty after his great fall, the banks couldn’t bring the mortgages and their corresponding Notes all back together again. The banks were accused of fraud and perjury trying to do just that.

# 3 —  Housing Market Poll: When Will Florida Recover?

If Americans are right, 2012 will finally be the magic year for the housing market. Over 2,000 adults were polled by Trulia and RealtyTrac , and the majority, 22 percent, said most Americans think the housing market will fully recover in the new year. A mere 10 percent thought a recovery would happen this year, while nearly a quarter of those surveyed predicted a bumpy road until 2015 and beyond.

However the South Florida Law Blog is more pessimistic, believing it will be at least 2016 before Florida’s housing market fully recovers, but a new study shows many Americans are far more optimistic. Although foreclosures have slowed in Florida, we believe they may kick back into high gear.

#2 – Deficiency Judgments Haunting Return, Jason Lives Once Again

 This was yet another blog where we spoke about our deficiency judgments.  While most large banks were too preoccupied with foreclosures to pursue deficiency judgments, the Sun-Sentinelreported on the fear that when banks catch up in the next several years, they will aggressively go after these judgements.If this happens, expect the main targets to be strategic defaulters, people who can afford their mortgages but defaulted because they are so underwater that it didn’t make any sense to pay. Not every strategic defaulter has to worry though. A deficiency judgment can only be entered in foreclosure cases, not short sales, unless the bank decides to file an action and litigate in court.

Miami-Dade County Judge Maxine Cohen Lando went on the record to dress down a foreclosure mill in such a fashion that it brought chills to any lawyer.  The court questioned what kind of supervision is going on at the foreclosure mills and whether the named partners were in any manner setting up the proper systems to ensure that quality work was being produced.

“You are walking in here totally unprepared, except to make a bunch of flimsy excuses,” she told the banks lawyers. We finally saw a judge take the entire foreclosure production process to task;  a judge who is no longer afraid to tell the truth and do her job.

Honorable Mention — Early Holiday Presents from the 4th DCA

This story was too recent to rank high on our list, but it was too important not to mention. Homeowners got a nice early present from the 4th District Court of Appeals this season, who thanks to some stinging decisions, realized that the banks must have the proper authority before they proceed in the foreclosure process. For years we’ve been saying that the banks have systematically been cutting corners in the foreclosure defense process by not having the requisite power to bring their cases. They’ve been denying the due process of  those in the foreclosure process by allowing banks the banks to proceed.  That process was unfair and unconstitutional, and  the courts have now come to the conclusion that we did long ago. 

So there you go. We here at Oppenheim Law have been proud to serve you, the homeowner, and look forward to continuing to fight the good fight in the upcoming year. Happy New Year and we’ll see you in 2012!

How to Avoid a Foreclosure Hangover: Deficiency Judgment

Thursday, October 6th, 2011

Deficiency judgments are potent, expensive and on the rise according to

experts quoted in a recent foreclosure defense Wall Street Journal article!

If Oppenheim Law had a warning label it might read:

Deficiency judgments can be hazardous to your financial health.  For best results hire a foreclosure defense attorney.

Deficiency judgments are today’s toxic wake up call.

Continue Reading…

Economic Jump Starts: Blame Game is OUT, Accountability is IN!

Friday, September 9th, 2011

This is our economy and it’s time for us to take charge. Agreed? Read on.

From time to time the South Florida Law Blog invites people who I respect and are friends to post a blog. I introduce you to my dear friend William McCarty, an attorney who lives in the DC area.

“You can always count on Americans to do the right thing—after they’ve tried everything else.”

Winston Churchill.

After three years of record low interest rates and $2.5 trillion dollars of deficit spending we still are no closer to jump starting a self sustaining recovery. Job creation is very weak, housing contracts are anemic despite historically low interest rates and prices, and the stock market is erratic and indecisive because it trades off of short term news rather than long term fundamentals. Even if we don’t have a double dip recession, a 2% or lower growth rate means that unemployment is actually increasing because we’re not creating enough jobs to keep up with our population growth.

We haven’t been able to jump start a self sustaining recovery because we cannot replace the unsustainable phantom wealth of rapid home equity appreciation, quick stock market gains and easy credit with the unsustainable phantom wealth of printed money.

So now we have to face facts:
1. Adjusted for inflation, individual income has been flat for the past ten years and real buying has actually gone down
2. In the near and long term, either taxes will go up or services will go down or both
3. Health care and college costs continue to increase twice as fast as our income
4. Collectively we’ve lost 20% of our personal wealth in the past three years
5. Thirty-five (35%) percent of home mortgages are underwater with thousands more going under every day
6. Foreclosures will continue to deflate the housing market and consequently consumer spending.

U.S. consumer spending accounts for seventy (70%) percent of our economic activity which the Washington Post reported on August 28, 2011 “Consumer fears put economy on the brink”, is in serious need of a confidence boost. In the past week the Post has also reported our government and the IMF are finally advocating a refinance program that would allow homeowners to refinance their mortgage balance to a lower rate without regard to loan to value ratios and hopefully with no PMI. (We already guarantee the mortgages!)

A family refinancing the average mortgage amount of $220,000 from 7% down to 5% would put an extra $350.00 per month ($4,200.00 per year) in the household budget every year for up to 30 years. Multiply this by one-half of the mortgages and you have 30 million families spread out over the entire country with real sustained monthly stimulus that does not add a dime to the deficit. This program would also reduce future foreclosures because reduced monthly mortgage expenses would rival or be less than paying rent.

This is our economy and it’s time for us to take charge. If you want to take control of your financial future, let your elected representative know you support the efforts to allow families to refinance to lower rates and at the same time tell them that the blame game is over, bipartisanship and accountability are in and we need to invest in ourselves, quickly.

Florida Deficiency Judgments FAQs . . . By Popular Demand

Wednesday, September 7th, 2011

Oppenheim Law’s most popular videos and blog posts are on the topic of deficiency judgements. So, by popular demand, we will continue to provide news and insight on this topic.

Understanding deficiencies and the Florida rules which pertain to them are key to avoid getting a deficiency judgment.

What is a Deficiency?

The unpaid mortgage debt associated with a residence is a deficiency.  A bank can foreclose and force a judicial sale of a home if the mortgage borrower fails to pay the associated mortgage debt.  The deficiency is the difference between the proceeds from the sale and the remaining mortgage loan balance. A deficiency can also result from a short sale, which is an alternative to foreclosure.

What are the Florida ‘Rules’ on Deficiencies?

The rules pertaining to deficiencies differ from state to state. A deficiency judgment is when the bank is granted a court order against the borrower to collect on the deficiency amount. In Florida, if the bank is successful in obtaining a deficiency judgment, it will be recorded in the public records and collectable for up to twenty years.  Until the remaining debt is paid, the bank can garnish your wages, bank accounts, and even collect against your estate after you die.

However in other states, all a bank can do is foreclose on your house. Although your credit score will be lowered, in these states they can’t come after you for the deficiency.

If you live in Florida or any state where assets can be seized, it’s crucial to get ahead of the situation. So what should you do?

When to Hire a Foreclosure Defense Attorney?

To avoid the possibility of getting a deficiency judgment, before deciding to walk away from your home, hiring a good foreclosure defense attorney is necessary. Do not simply avoid the bank notices as they come. There are many settlement options available and the last thing you want is to be subjected to the indignity of being enslaved to a debt for up to twenty years after you lose your home.

What Happens if you have a Deficiency?

South Florida Law Blog’s Roy Oppenheim believes if you are facing foreclosure a short-sale, is one such option. Loan modifications or structured foreclosures are other choices that can help you avoid a deficiency judgement.  In the event your bank decides to obtain a deficiency judgment against you, Oppenheim says there are ways to protect yourself from the bank’s attacks.

Deficiency Judgments and Bad Credit Scores

Many strategic default options carry the possibility of lowering your credit score, however, a bad credit score, while certainly not desirable, will have less of an impact on important life events than a deficiency judgment.  The outcome we seek is to make sure that your important events, whether be it a wedding, having kids, or sending them off to college, are not impacted. Your life should not come to a screeching halt because of a potential deficiency judgment, and nearly all of Oppenheim Law’s clients have been able to keep living their lives, provided they came to us early enough in the process.

If you have any specific questions on Florida deficiency judgments, feel free to leave a comment and we will do our best to link you into a future post.

 


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