Archive for the ‘Florida Law News’ Category

Oppenheim Law Warns: Expect Double Dip for Florida Housing Market

Friday, July 22nd, 2011

The double dip makes its way to Florida in a new shape and size. Without miracle jobs numbers, the expiration of emergency benefits is leading to a double dip in the Florida housing market. Meager gains of the market will be washed out by the next tidal wave of foreclosures and only a surge in new construction can save us, predicts Oppenheim Law.

The housing market is in even more danger of a double dip considering emergency government benefits like extended unemployment and the payroll tax cut are scheduled to expire by the end of the year. The expiration of these benefits is expected to leave the most vulnerable Americans in a bind, unable to find jobs and with limited government assistance. Cuts like these will directly impact the economy at a time when it’s already extremely fragile. Money spent on benefits goes directly into the economy; resulting in two dollars of economic activity for every one dollar spent.

Hiring is the solution, but also the problem (especially in Florida)

The only remedy for less government benefits is an increase in hiring. But…the job market is dismal. Employers added only 18,000 jobs last month, with millions still unemployed.

The situation is even worse in South Florida, with above average unemployment in both Broward and Miami-Dade counties. While nationally, employers are adding miniscule amounts of jobs, Miami-Dade lost 3,500 jobs and Broward remained flat.

Oppenheim Law’s prediction

All of the cuts will result in more Floridians unable to stay in their homes. The more people unable to stay in their homes, the more foreclosures Florida will have. In addition to the foreclosures that will be caused by the benefit cuts; Oppenheim Law is still seeing a new tidal wave of foreclosures due to the restarting of the foreclosure process halted by the document mill scandal. Also, expect the previously dismissed “zombie” cases to rise from the dead.
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Oppenheim Law’s New Client? Federal Government Strategic Default Case

Wednesday, July 20th, 2011

The government is underwater, just like so many homeowners. As the political negotiations on raising the debt ceiling draw closer to the August 2nd deadline, several visionaries in the House of Representatives have suggested that the Federal Government get on board with the rising trend and strategically default.

While such a move is unthinkable for some in Washington and Wall Street, several others must have seen Oppenheim Law’s strategic default seminars and decided that the strategy should be applied to the government’s debt problem.

Just like many homeowners underwater on their mortgages, Rep. Austin Scott (GA-R) is willing to put up with some “short-term volatility” in order to right the ship and get the government’s finances in order. Such an attitude to strategic default goes to show that it can be a viable and acceptable option to many different people and even counties in financial trouble.

There shouldn’t be any stigma attached to default; after all, even some in the government are considering it. In fact, such action should likely make the government more sympathetic to individual homeowners now that the United States is in the same boat.

Oppenheim Law hopes that if the U.S. decides to go down the strategic default path, it keeps in mind that we are the experts when it comes to strategic defaults.

For years, we have been telling homeowners that the government is not going to bail them out in the way that they propped up the banks, Wall Street and investment bankers. We’ve been advising homeowners that if they want to save their home and achieve financial stability they will have to craft their own bailout.
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VIDEO: How to Avoid Deficiency Judgments by Roy Oppenheim

Monday, July 18th, 2011

Attorney Roy Oppenheim’s Summer School is in session with a special focus on Florida foreclosure defense strategies including today’s topic: How to avoid a Florida Deficiency Judgement. Oppenheim Law wants to help “bullet-proof” Florida homeowners against the banks; helping them understand the difference between a deficiency and a deficiency judgement.

A deficiency is when the bank forecloses on your house and a difference of money you owe remains. Once such a deficiency is registered by a court, it becomes a deficiency judgment.

In Florida, if you have a deficiency and it becomes a deficiency judgement, the Florida bank can seize your assets (bank accounts, cars, estate, etc.) for up to 20 years.

In this Summer School ‘How To’ Video, Roy Oppenheim tells you what you need to know about deficiency and deficiency judgements in less than four minutes!

Principal Reduction: Why Banks Don’t Do It More + What’s Wrong With It

Saturday, July 16th, 2011

There are quite a few people who advocate principal reduction as the best way to get out of the housing crisis. Their arguments were succinctly laid out and analyzed in an Atlanta Federal Reserve white paper.

Advocates of such a policy argue that it would be cheaper for banks to reduce the principal of a loan to the current value of a house because people who have positive equity in their homes are much less likely to default on their loans. The policy would also help homeowners because they would get to stay in their homes. It seems like a win-win situation, except it isn’t.

As a recent New York Times article illustrates the difficulty with large scale restructuring programs is that banks don’t know who really needs the help and who is trying to take advantage of the situation.

Ms. Rula Giosmas was not one of the people who needed help, yet she got it anyway. For her lender, the modification amounts to an avoidable loss. The lack of knowledge in who can pay and who can’t is the reason why banks are wary of initiating large scale modification programs: not all underwater borrowers will default on their mortgages.

It still remains economically advantageous to foreclose on the defaulters and continue to collect the full loan amounts from the people who can and will pay. The banks also worry that if they do initiate large scale modification programs, it will encourage people who can pay to miss payments simply to qualify for the principal reduction. Such a problem is called moral hazard, where there are incentives to perform badly. The last thing that banks want is to encourage people to default.
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