South Florida Law Blog

Short Sales and Foreclosures – 1099 Waiver of Deficiencies The arcane implications of receiving a 1099 after a short sale or a foreclosure are as complex as the opening lines in Sir William Shakespeare’s’ Hamlet. Thus, the question  is not; “to be or not to be” but, rather whether to waive a deficiency or not.. and that is the question. […]

In the Trenches with Roy Oppenheim, Oppenheim Law discusses the state of deficiency notice in the State of Florida. Do you have a deficiency judgment against you? The Florida legislature last year passed a law that shortens the amount of time that a bank can pursue a deficiency judgement against you after a foreclosure and maybe a short sale. Let’s […]

Important update on Florida foreclosure laws that homeowners need to know. When does the 5-year statute of limitations law actually kick in? How is it measured? Do you know the difference between an ‘intent to accelarate’  vs. a ‘notice to accelerate’? Do you know when the statute acually starts? This is tricky as banks are re-foreclosing on already foreclosed homes. Don’t […]

The following article was written By Paul Owers, Sun Sentinel and republished in the South Florida Law Blog with excerpts by Roy Oppenheim, homeowner defense attorney and legal blogger. Click here to read the original article. Declining foreclosures, short sales and unemployment rates  Declining foreclosures, short sales and unemployment rates normalize housing industry in Palm Beach and Broward Counties while […]

The following article is written for the South Florida Law Blog by Oppenheim Law attorney Roy Oppenheim.  Florida has remained in the top three of states with the highest foreclosure rate since the housing market collapsed in late 2007. Even scarier for distressed homeowners is the fact that Florida is a recourse state, permitting lenders to seek deficiency judgments for […]

Once again, homeowners facing foreclosure are falling victim to abusive practices in the handling of their mortgage, but this time the overpromising and under delivering can be attributed to entities other than the banks – mortgage servicers. As the name suggests, “mortgage servicers” are entities that handle and service mortgage loans.  A recent trend in the mortgage industry, is for […]

Food for thought for those still underwater There is a silver lining to the foreclosure crisis for those that chose not to go underwater—namely, more people who actually were in foreclosure are now buying again. How many are actually able to purchase Unfortunately, the government and housing market does not keep track of the specific real estate numbers.  Nevertheless, because […]

 The following article was published in the Daily Business Review and written by Samantha Joseph for the DBR.  The South Florida Law Blog has republished select exerpts with quotes from Roy Oppenheim, Oppenheim Law.  New Wave of Short Sales A new wave of short sales could be part of the fallout from Florida’s Fair Foreclosure Act as property owners move to mitigate losses […]