Archive for the ‘Florida Law News’ Category

Federal Judge to SEC: Stop Going Soft on Banks!

Saturday, November 5th, 2011

In a follow up to the recent $285 million settlement reached between the SEC and Citigroup, someone other than Roy Oppenheim is starting to ask the hard questions of why do the banks keep getting a “get out of jail free card”? Roy Oppenheim on Reducing Mortgage Fraud, Banks Take Responsibility | South Florida Law Blog.

It was reported in the New York Post that federal court Judge Jed Rakoff placed SEC Chief Mary Schapiro in the hot seat, when he ordered a court hearing in response to the “sweetheart” settlement agreement reached between the SEC and Citigroup.

Judge Rakoff wants SEC to explain Citi’s sweetheart deal – NYPOST.com.

It appears that SEC chief Schapiro is having trouble grasping this simple concept:
stop going soft on the banks!

Judge Rakoff made an interesting point when he asked why the settlement agreement should be accepted when Citigroup is refusing to admit or deny any fraudulent bank practices. The obvious answer is no, such a settlement should not be accepted.

Judge Rakoff stated that the purpose of the SEC is to “ensure transparency in the financial marketplace.” If the SEC wants to live up its purpose, it needs to keep up the pressure on top banking officials.

If there is even a remote chance of changing the banking industry, Giants like Citi need to be held accountable for their wrongdoings. But with the SEC’s failure to actively investigate and charge banks with securities fraud, it’s eventually the homeowners that pay the high price.

The SEC had brought similar charges against Goldman Sachs back in 2010 which culminated in the largest fine to have ever been imposed on a financial institution, $ 550 million. And yet CitiGroup, which is one of the largest financial institutions, is getting a sweet deal in only being asked to pay less than one-fifth of Goldman Sachs’ penalty.
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NY Times columnist backs Oppenheim in denouncing proposed foreclosure settlement

Wednesday, November 2nd, 2011

NY Times backs foreclosure expert Roy Oppenheim's opinionFlorida homeowners might have a new definition for bank robbers… With details now coming to light on a possible deal between banks and the state governments, it’s seems the chances of these financial institutions being held accountable is less and less likely.

South Florida law blogger and foreclosure attorney Roy Oppenheim strongly opposed the deal, which is being sought by state Attorneys General including Florida’s Pam Bondi, in a recent FOX newspiece. Now New York Times columnist Gretchen Morgensen has backed up Oppenheim’s assertion that the deal, in its current proposed form, is not worth the potential relief that it might provide to homeowners.

Oppenheim called the reported $20-25 billion dollars in principal that homeowners would be forgiven for “a drop in the bucket” and now Morgensen reports that deal would only cost the banks between 3.5 and 5 billion dollars in actual cash, to be paid by about a dozen or so institutions. The rest of the banks’ penalties would come in the form of credits.

While HUD secretary Shaun Donovan insisted in the Times article that the settlement will hold banks accountable, both Morgensen and Oppenheim remain unconvinced. Oppenheim told FOX the deal isn’t worth a “deal with the devil”, and that it robs homeowners of the chance to bring legal action against the banks.

And will it really provide the relief homeowners are seeking?? The Times piece points to a 2008 settlement involving Countrywide Financial that promised $8.7 billion in relief to borrowers in Illinois and California that failed to deliver anything close to that. And California is one of several states that has backed out of this current negotiation.
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Revamped HARP Program: Trick or Treat for Underwater Florida Homeowners

Sunday, October 30th, 2011

Haunted homeowners finally got some good news this week when the White House announced the re-launching of its 2009 Home Affordable Refinance Program (HARP). Rising from the dead, the revitalized program features some key costume changes designed to revive the program and help underwater mortgage owners take advantage of today’s low mortgage rates to lower their monthly payments and reduce their loan amount.
Homeowners Horrors
Out of the 4 million mortgages in Florida, about 1.25 million are underwater. Although HARP was released two years ago to help 5 million struggling homeowners nationwide, only a very small percentage were able to take advantage of it. The revisions in the program focus on increasing the number of eligible “not so scary” loans.
But Oppenheim Law’s Florida Real Estate Attorney and Legal Blogger Roy Oppenheim calls the revised program too little too late.
“The reality is the government says it’s going to help a million people but ten million people need help and they are not getting help. So many people have had to default and destroy their credit because the government never really came to bail out the homeowners. Instead, they sold out the homeowners and bailed out the banks,” Oppenheim told WSVN TV.

The New Program Requirements: Trick or Treat?
Homeowners are required to be current on their loans and cannot have missed any payments in the previous six-month period. Unfortunately, this means many struggling homeowners still will not qualify for relief under the program.
Other requirements include:
* Loans must be backed by Fannie Mae or Freddy Mac
* Continue to make mortgage payments on time
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Banks Go Straight to Jail? Defrauding Investors out of Millions gets Chance Card

Friday, October 28th, 2011

Banks continue to draw the lucky Get out of Jail Free card! South Florida Law Blog’sForeclosure Defense Attorney Roy Oppenheim asks: If the government is truly interested in reducing mortgage fraud, why not go after the ones who cause a larger impact on the economy and affect homeowners on a national scale? It seems the banks get the chance card and the little guys go directly to jail.

Last week Citigroup agreed to pay $285 million in a settlement agreement with the Securities and Exchange Commission (S.E.C.). Citigroup to Pay $285 Million to Settle S.E.C. Complaint – NYTimes.com. That’s pocket change for a giant bank that has made over $3.8 billion in profits just last quarter. The defrauded investors contributed to a $ 1 billion portfolio stuffed with high risk mortgage investments. What these unsuspecting investors didn’t know is that Citigroup bet against these investments in hopes that they would lose value. Not only did Citigroup bet against the portfolio, but it was responsible for selecting the mortgage investments that would make up the portfolio.

With all the questionable bank practices that have come to light since the housing market bubble bursts, the S.E.C. has done little to reprimand giants such as Citibank. Not only has the S.E.C or the Justice Department failed to go after the banks, they also have done little to prosecute banking executives who were no doubt involved in criminal activity stemming from the banking crisis. While a bank can’t be sent to jail, the high ranking executives directly responsible for these unethical banking practices should not be able to escape criminal liability. And yet, while the powerful banks and senior executives appear to be above the law, the government has not hesitated in going after individuals who lack powerful political influence on Washington.
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