Archive for the ‘Florida foreclosures’ Category

#Fail – Government Plan to Help #Florida Homeowners

Wednesday, November 16th, 2011
Why is the Independent Foreclosure Review a Big Fail Whale

The Independent Foreclosure Review Gets Fail Whale

At first glance, it looks like Florida foreclosure victims are finally getting the help they need from the feds. Reading the fine print it looks like if we had to describe this in one tweet word: #fail. The same banksters that sunk the economic ship into the mortgage crisis are now the decision makers for homeowners looking for foreclosure mercy. Sounds to us like homeowners are being asked to sleep with the enemy.

What is the Independent Foreclosure Review?According to the official website

 

As part of a consent order with federal bank regulators, the Office of the Comptroller of the Currency (OCC), the Office of Thrift Supervision (OTS) (independent bureaus of the U.S. Department of the Treasury), or the Board of Governors of the Federal Reserve System, fourteen mortgage servicers and their affiliates are identifying customers who were part of a foreclosure action on their primary residence during the period of January 1, 2009 to December 31, 2010.

The Independent Foreclosure Review is providing homeowners the opportunity to request an independent review of their foreclosure process. If the review finds that financial injury occurred as a result of errors, misrepresentations or other deficiencies in the servicer’s foreclosure process, the customer may receive compensation or other remedy.

Oppenheim Law Says Faulty Failure? The Independent Foreclosure Plan

Unfortunately, the government has again come up with yet another faulty plan to try and help homeowners by creating the Independent Foreclosure Review. It’s objective is to compensate homeowners who sustained financial injury because of the banks unethical and even illegal banking practices.
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Law Review Executive Summary: Black Magic of Securitized Trusts

Tuesday, October 25th, 2011

Deconstructing the Black Magic of Securitized Trusts by Roy D. Oppenheim and Jacquelyn K. Trask-Rahn gives an in-depth analysis of the process of securitizing mortgages and how it has gone awry. The article begins with a focus on the rise of subprime lending, the impact that subprime loans, such as “interest-only” and “negative amortization,” had on the American Dream of homeownership, and how “securitizing” these loans led to a false sense of security for homeowners and investors during the housing bubble.

Throughout the early 2000s, subprime lending increased exponentially, driven by the unregulated and unbridled avarice of large banking institutions, mortgage brokers, and federal policy pushing homeownership at any and all costs. However, when the bubble burst, the aftershocks were more destructive than anyone could ever have imagined, leaving the housing market devastated.

During this time, securitization became a popular method of bundling these mortgages and selling off different portions of them to investors based on their credit worthiness. Using credit-rating agencies, each level of bundled mortgages were rated and sold to investors, generally at highly inflated ratings equivalent to those of U.S. Treasury bonds. Shockingly, many of these mortgages were those given to under qualified homeowners with no cognizable source of income, leaving the securitized mortgage industry on the brink of disaster.

The failure of securitization occurred when large banking institutions, gorging on the thousands of loans being created and sold to them, failed to follow the steps required to properly securitize them. The majority of securitized loans were placed in trusts which appointed a large banking institution as trustee. Each trust has a Pooling and Servicing Agreement which outlines the operation of the trust, the duties and obligations of the trustee, as well as the steps required for a trustee in order to properly transfer the mortgages into the trust. Many of these steps are designed and implemented to ensure that the trust maintains a favorable tax status as a Real Estate Mortgage Investment Conduit (REMIC) in order to provide bankruptcy protecting and to avoid entity-level taxation. These procedures allow the trusts to operate as static entities existing simply to hold the mortgages. However, in order to maintain this status and save hundreds of billions of dollars in taxes, the trust cannot acquire mortgages after the trust closes.
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Robo Signers Celebrate One Year Anniversary and Roy Oppenheim Looks for Foreclosure Off Ramp

Friday, October 7th, 2011

Robot Rainbow

This is the anniversary no one wants to celebrate.

“We’re hitting the one-year anniversary of the robo-signing crisis,” noted Roy Oppenheim, Florida foreclosure defense attorney. “The banks said it would take 60 days to fix. It didn’t take 60 days. It’s been over a year.”

A recent article in the Daily Business Review highlights October as the anniversary month when the home foreclosure mess became a certified nightmare. Around this time in 2010, the Office of the Comptroller of Currency and the Federal National Mortgage Association basically asked the people responsible for the mortgage mess to police themselves and conduct self-audits to make sure their paperwork was legal.

Continue Reading…

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…

Florida Lawmakers Hurting Homeowners with New Foreclosure Defense Bill?

Sunday, September 18th, 2011

The Florida Fair Foreclosure Act is making headlines. It’s no secret that the Florida courts are clogged with homeowners and banks wrestling over foreclosed homes. Florida lawmakers seeking to relieve the burden on the court system are looking to streamline the process with a new bill. The Palm Beach Post reports Rep. Kathleen Passidomo, R-Naples, is shopping for input on her draft bill, the Florida Fair Foreclosure Act. The bill seeks to make several key changes to the laws that she hopes would clear some of the Florida foreclosure backlog.

Some key changes include:
* In exchange for giving up their right to pursue a deficiency judgment, banks could foreclose on homeowner 120% or more underwater on their home without putting the house up for auction.
* Uncontested foreclosure cases would need to have a final judgment rendered within 45 days.
* Homeowners challenging a foreclosure can only ask for monetary damages. They would not be able to sue for repossession of the home.
* Banks must detail their right to foreclose on a home if the bank note is lost.

The bill sounds good on the surface, but foreclosure defense attorney and South Florida Law Blog publisher Roy Oppenheim thinks homeowners are still drawing the short stick in this deal.

“It’s fair to the people who are able to lobby the legislature, it’s not fair to the homeowner,” said Oppenheim, senior partner with the Weston-based Oppenheim Law. “The biggest problem I have is there is a sense in this that we can trust the banks in terms of bringing these actions. The irony is that time and time again we’ve seen that we can’t trust them.”Attorney Lynn Drysdale of Jacksonville Area Legal Aid also expressed reservations about the bill, noting that borrowers who were attempting to negotiate a loan modification with their bank may still have their homes taken from them under the 45 day fast track if they are on a dual track for loan modification and foreclosure.
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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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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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