Archive for the ‘Florida Law News’ Category

Roy Oppenheim on Talk Radio – Fashioning Your Own Foreclosure Bailout

Monday, November 2nd, 2009

Last week was quite a week. I left Cambridge, MA, after visiting my daughter for the weekend and enjoying a little family rivalry at the Harvard – Princeton football game.

Roy Oppenheim on Randi Rhodes

Roy Oppenheim on Randi Rhodes

After a meeting in New York, I found out the nationally syndicated Randi Rhodes Show wanted me to make an appearance at 5 p.m. to discuss foreclosures and Oppenheim Law’s defense strategies. They would not let me use my cell phone for the interview, so I was expecting to have to talk from a pay phone in the middle of LaGuardia before my flight back to South Florida. Luckily, I found a quiet place and the interview was great.

We’ve included audio of the entire interview on the Oppenheim Law Facebook Fan Page for your listening pleasure, but here is a summary of my thoughts on the social stigma of foreclosure and how you can fashion your own bailout:

I believe the foreclosure epidemic has become so widespread and far-reaching that the stigma surrounding the issue is greatly reduced across the country.

“In FL alone we now have 26-28% who are behind or in foreclosure,” I said. “I think if you study social networks, you’ll see that foreclosures work like social networks. When you have someone who’s in foreclosure, the moral stigma is reduced because you have a sense of kinship.”

So in response to the enormity of the problem in South Florida, I explained that foreclosure defense needs to be looked at holistically, and homeowners need to take charge of understanding their legal rights and defending themselves.

(more…)

Double Header Weekend: Quoted in 2 Foreclosure Stories!

Monday, October 26th, 2009

Florida foreclosures defense, know your rights.

Florida foreclosures defense, know your rights.

Sun Sentinel: Playing the “What if” game with your Florida mortgage

Miami Herald: Homeowners walking Away from Underwater Mortgages

Story #1

How big of a gamble is it to stop paying your Florida mortgage? This is a question I receive very frequently as a foreclosure defense attorney in South Florida and was recently cited as a source on the topic by the Sun-Sentinel.

Personal finance writer Harriet Johnson Brackey wrote an article outlining the consequences of stopping payments on your mortgage.

Here is a summary of what could happen if you don’t pay the mortgage:

  • Your lender will first report your missed payment to the credit bureau and your credit score will drop by up to 200 points.
  • Next, you can expect other creditors to take notice and take action by closing your credit cards, raising your interest rates or lowering your credit limit.
  • The tightening of your credit will cause you to use more of your available limit and in turn continue to lower your credit score.
  • Then, your lender will try to contact you. After 90 days, you cannot just start making payments again. Your lender may actually send the payments back if you have not been in contact.
  • After four months of not paying your mortgage, you will likely be served a foreclosure notice.

The article also echoes something I have been saying for awhile now: “If you hire a lawyer and fight the foreclosure, you may be able to delay the sale for many months or avoid it altogether.”

(more…)

Roy Oppenheim’s Free Legal Real Estate Workshop Helps Homeowners: Know Your Rights, Save Your Home

Wednesday, October 21st, 2009

Fort Lauderdale, FL – October 20 2009

Foreclosures happen to all ages. Reporting the latest Florida foreclosure news, stats, tips and legal insight is Attorney Roy Oppenheim and his staff.

Foreclosures happen to all ages. Reporting the latest Florida foreclosure news, stats, tips and legal insight is Attorney Roy Oppenheim with his clients.

Protecting yourself and your home in this turbulent economy and Florida real estate market is easier said than done. Roy Oppenheim, Oppenheim Law’s legal blogger and foreclosure defense attorney, believes understanding your legal rights greatly increases your chances of survival and recovery.

Oppenheim’s monthly legal workshops are designed to assist both homeowners and real estate professionals. The November workshop will not only focus on defending Florida foreclosures, but will also include a state of the economy update and valuable tips on buying and selling South Florida real estate.

What: Florida Housing Help: Free Real Estate Workshop
When: Thursday, November 5, 2009 – 6:00 to 7:00 PM
Who: Real estate professionals and homeowners facing foreclosure, buyers, and sellers
Where: 2500 Weston Rd Ste 404, Weston, FL 33331
Cost: Free with advanced registration
RSVP: To register email roy@oplaw.net or call 954.384.6114

Oppenheim Law’s November workshop will highlight the following foreclosure defense strategies and real estate tips:

• Learn the process of foreclosure and how to defend your home
• Learn tips on applying for a mortgage modification and the best time to apply during foreclosure
(more…)

The New Normal… NYT Reports: Expect Four Million More Foreclosures Despite Obama’s Mortgage Modification Policy

Friday, October 9th, 2009

In today’s New York Times (10/9/09) the lead story in the Business section is: “In Trial Phase, Mortgage Bills Fall for 500,000. Is that supposed to be good news or news at all? I am not sure. I guess it depends on whether you think the glass is half full or half empty.

The reality is that by now the Obama administration had anticipated (or promised) about 5 million modifications: not 10 percent of that number!

So the real news is that Mark Zandi, chief economist at Moody’s and one of the top real estate prognosticators in the US is fully anticipating another 4 million foreclosures, as reported in the article today. Now I call that News. That’s right four million! Thus, one can expect at least 35% of those foreclosures to occur right here in Florida.

Further Peter Goodman, the NYT’s reporter failed to actually discuss the percentage decrease that occurs s in modifications or whether there was material principal reduction to date. Well I will tell you: the average successful mortgage modification is between 20%-22%. Little if any principal is reduced. Thus we can anticipate that many of these half million modifications will become part of the 4 million in foreclosure. In fact, based on prior studies, modifications without principal reduction lead to foreclosure half the time.

So don’t expect real estate values to start increasing any time soon as long as folks keep losing their homes. Yes, the economy is no longer in free fall and things are better than last fall: Stock market is rising, retail sales have stopped falling and job losses are decreasing. However, until people are employed and can afford their houses payments again and there are meaningful principal reduction or forbearance of underwater equity nothing much will change. The folks who brought us this mess: the politicians and regulators in Washington, the “bright minds” on Wall Street and the banks, will have to first realize that keeping people in their homes is better for them and for the rest of us too. Welcome to the New Normal.

(more…)

Florida Court of Appeals Tells Judges: Stop Being Compassionate

Tuesday, October 6th, 2009

As discussed today in the Daily Business Review (see article below), the Third District Court of Appeals criticized a Miami Dade circuit judge for extending a foreclosure by one month. In essence, the Court reversed the judge’s opinion by stating that a courtroom is no place for compassion!

While it is inappropriate for an attorney to criticize the appellate court for possibly being uncompassionate, it is fair to say that a good foreclosure defense will go a long way in preventing a judge from having to attempt to be compassionate. Rather the Rules of Civil Procedure, the Florida Constitution, and the idea that the bank comes to the foreclosure with unclean hands will go a lot further than begging the court for mercy.

Typically circuit court judges were permitting extensions of foreclosure dates in order for homeowners to be able to complete a mortgage modification or a short sale. Ironically enough, if the banks didn’t drag their feet in approving short sales and approving modifications, the judges would never have been put in this terribly uncomfortable position in the first place.

Thus, in an ironic twist, we thank the appellate court for further justifying what we do every day and that is to defend homeowners with legitimate legal defenses in a foreclosure. The banks have done enough things incorrectly that will provide a trial judge an opportunity to delay a sale, should they want to, through the use of appropriate legal arguments.

The only unfortunate aspect of the appellate court’s ruling is that unrepresented clients will now be further churned and spit through a process that is only accelerating because of the increased workflow and reduction in court staff due to budget cuts. It is ironic that the bank even brought this action to the appellate court but it was through abuse by the homeowner that ultimately frustrated the bank in pursuing this appeal. Frankly, I would always prefer to have a strong legal argument than to beg for compassion from the court. So now you know the truth, don’t ever expect judges to be compassionate– even if it was their true desire.

(more…)

SFBJ: Mixed Reviews for Loan Modification Plan

Tuesday, October 6th, 2009

sfbjMy good friend, Julie Kay, recently wrote a South Florida Business Journal story on the mixed reviews for the government’s Home Affordable Modification Program, or HAMP, as legislators like to call it.

According to the article, HAMP is part of the U.S. Treasury’s Home Affordability & Stability Plan to save 3 million to 4 million homes from foreclosure. So far, approximately 360,165 trial modifications have started nationwide.

I was asked to provide my take on the program and will be quoted in the article. Here is a summary of my opinion as expressed to Julie:

One flaw with the program is that while a small percentage of individuals has seen their interest rate drop or the terms of their loan extended, the program does not provide for principal reduction.

A second flaw I identified is that the program does not extend to jumbo mortgages, second homes or investment properties– a group which makes up more than half of all homes.

So be sure to check out South Florida Business Journal entire story or if you are a subscriber, you can check it out at http://southflorida.bizjournals.com/southflorida/stories/2009/09/28/focus5.html

Here’s the entire story by SFBJ Julie Kay:

Three months behind on his mortgage, Hollywood resident Neil Reisner applied for a mortgage modification under the federal government’s $50 billion loan modification initiative.

But, he has been less than thrilled with the outcome. JP Morgan Chase, his loan servicer, offered him $300 off his $2,700 monthly mortgage. What he saves now will be tacked onto the back end of his mortgage.

Reisner, a journalism professor at Florida International University and father of two, says he will probably be forced into foreclosure.
(more…)

Deficiency Judgments “Are a Comin”… Say it “Ain’t So”:

Friday, September 11th, 2009

You can run but you can’t hide from Florida’s deficiency judgments….

While it’s now well accepted that 98% of Florida homeowners in foreclosure are just walking away and putting their head in the sand, it is now becoming apparent that while these folks can run, but they probably can’t hide.

Definition of a deficiency judgment according to Wikipedia:

A deficiency judgment is a judgment lien against a debtor, defendant or borrower whose foreclosure sale did not produce sufficient funds to pay the mortgage in full. This option may or may not be available to the lender, depending on whether they have made a recourse or nonrecourse loan.

Until now, there was some uncertainty whether the banks were going to pursue deficiency judgments from Florida homeowners. Well the evidence is becoming clear that many banks will pursue and ARE NOW pursuing these Florida judgments post-foreclosure.

For the uninitiated, in Florida and other “recourse” states, a Bank would be entitled to obtain a judgment against you for the difference between the mortgage amount and the value of the property. In other words, if your Florida real estate property is worth less than the mortgage the Bank can come after you for the difference. In non-recourse states, like California, the Banks can not do that. Florida is a recourse state and the Banks may have up to five years to bring the action. Although if the Bank doesn’t bring the action within one year after the Florida foreclosure sale, it can be argued that the Bank failed to diligently pursue the case and the Court “could” in theory dismiss the action for failure to prosecute. I say good luck on that one!

(more…)


PHP/MySQL Components, WordPress Plugins, and Technology Opinions at TravisWeston.com

Bad Behavior has blocked 2723 access attempts in the last 7 days.