Archive for the ‘Florida real estate’ Category

Foreclosure Crisis: Will Government Right This Sinking Ship?

Monday, January 16th, 2012

Photo Courtesy:Reuters

We’ve all been reading with horror about the developing situation in Italy with the Costa Concordia, the cruise ship that capsized last Friday, killing several people.

What really caught our attention is the actions of the ship’s captain Francesco Schettino, who reportedly abandoned ship in the middle of the evacuations. He’s been blamed for causing the tragedy by recklessly taking the ship off-course and too close to shore

We can not compare the loss of life with the foreclosure crisis, but an argument can certainly be made that there is a parallel between the captain’s actions and that of big banks.

Banks have also been reckless, taking the economy from its intended destination and showing a complete lack of disregard with their shady real estate and foreclosure practices.  We believe they have abandoned the homeowner and the taxpayer, while failing to consider their well-being and solely worrying about their own self-preservation.

Whereas the cruise line’s executives have quickly held the captain accountable, we’ve yet to see our federal government do the same to the banks, despite countless opportunities to do so.

In this excellent editorial published in the New York Times, the paper calls on President Obama to steer this ship back on course by forming an inter-agency task force to investigate the banks for their actions, many of which could be considered criminal.

Yes there’s been investigations and settlements, but there’s been very little accountability for the top executives, who’ve been rarely held personally responsible.  For example Angelo Mozilo, the former chief executive of Countrywide, didn’t have to admit to any wrongdoing when he settled civil fraud charged level by the SEC. Yes he had to pay a 67.5 million dollar fine, but that’s a fraction of the 521.5 million he’s reported to have received between 2000 and 2008, according to the NY Times.

Bottom line is we agree with the Times that unless the federal government gets more aggressive, and brings in everyone from the Department of Justice to the IRS and the state attorneys and gets them on the same page with an aggressive plan to weed out mortgage fraud, then the ship will never be righted. The banks have been steering us off-course for years, and it’s time for Obama and the government to take the steering wheel for this foreclosure crisis to finally end.

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Week In Review: Federal Reserve Wakes Up; Fla. Foreclosures Down, Fannie Mae CEO Resigns, Banks Questioned Over Home Insurance Hikes

Friday, January 13th, 2012

Now that the holidays are behind us and we’re well into the new year, news that will impact the foreclosure market in 2012 is starting to cross our desk. So what headlines were we talking about this week?

Federal Reserve Wake-Up Call!

This week we blogged about the Federal Reserve finally coming around and looking out for the homeowners, instead of the banks. A 26-page white paper released by The Fed offered up their suggestions on how to fix the broken housing market. They also finally came to the conclusion that government MUST come down harder on lenders. Some of the ideas offered up by The Fed may be tough for Congress to swallow, but we believe they have a good chance of keeping more people in their homes.

We particularly liked the idea of turning more foreclosed and vacant properties into rental homes (so much better for the neighborhoods) and the need to offer principal reduction to more homeowners. Roy Oppenheim expands on this issue in his latest “From The Trenches” video.

Broward Foreclosures Down 67%

Foreclosures were in steep decline across the country in 2011, including a 67 percent drop here in Broward County, according to RealtyTrac. Thanks to the ‘robo-signer’ scandal, lenders were suddenly much more careful about bringing foreclosure cases to the courts.  While that is likely to continue in 2012, Roy Oppenheim told the Sun-Sentinel that things could start to pick up.

“It’s going to pick up, but it’s not going to be insane like it was,” he explained.

Palm Beach County also saw a significant drop last year, 58 percent, while Florida was down 63 percent, RealtyTrac reported.

Fannie Mae CEO Williams resigns

Fannie Mae and Freddie Mac are always at the center of the housing crisis, so we are very curious to see the fallout from Micheal Williams resignation, which came down Tuesday. He’s been with Fannie Mae since 1991 and been head of the company since 2009.

Who replaces him could have a huge impact on the direction of Fannie Mae, David Stevens, the president of the Mortgage Bankers Association told HousingWire.

“Depending on whom you’re hiring sends a strong message about where this institution is headed,” Sanders said.

This means both GSE’s will leadership changes this year, with Freddie Mac CEO Charles Haldeman set to leave his post sometime this year. Housing Wire reports both each made roughly $2.3 million in bonuses,

Big Banks Face Inquiry Over Home Insurance

The banks have been ripping off the homeowner six ways to Sunday, and here’s another disturbing example, courtesy of the New York Times.

The New York Department of Financial Services is investigating multiple banks, including many of the usual suspects like JP Morgan Chase and Bank of America, this time over their use of what’s known as force placed insurance, the Times Louis Story reports.  When a homeowner allows their existing homeowners insurance to lapse, something that is all too common these days, the banks step in, often with little notice, and take out new policies.

These end up costing the customer often double, triple, sometimes six times what they paid before. The article cites one unlucky State Farm customer whose policy skyrocketed from $2,000 to $6,000 dollars a year! Benjamin Lansky, the superintendent of the NYDFS, issued 31 subpoenas related to the case, according to Story, who said Lansky is looking to reports of kickbacks to the banks from the insurance providers. With more and more homeowners falling behind on their mortgages, this is another way the banks are engaging in price gouging.

We hope you’ve had a good start to your new year and hope you’ll keep up us here at the South Florida Law Blog so you can stay informed on the foreclosure issues you need to know about.

Have a good weekend!

Federal Reserve Wake up Call! Finally looking out for the little guy

Wednesday, January 11th, 2012

via Freshome and Mashable

Finally!!!It’s a word that is being bantered about the hallways of Oppenheim Law all too often these days, and thanks to the Fed’s recent comments on the foreclosure crisis, it’s been thrown around at rapid-fire pace these last few days.
Through a 26-page white paper which highlighted the “extraordinary problems plaguing the housing market”, officials at the Federal Reserve have told policymakers on several congressional banking committees that the government must step up and take a more active role in fixing the mess that they themselves have helped create.

Up until now the Fed has kept their fingers out of the housing market, but even they now realize the far-reaching impact the foreclosure crisis is having on the overall economic climate. In the white paper they offer up several suggestions, such as reducing the barriers to converting foreclosed homes into rental properties, and loosening the grip on lending standards in order to help the market recover.

The Fed now wants harsher action from Congress on America’s top lenders, and Governor Sarah Bloom Raskin even told a conference at the Association of American Law Schools that the Fed “must impose penalties for deficiencies that resulted in unsafe and unsound practices.”

It must be time to check our subscriber list to the South Florida Law Blog, because it sure looks like our friends at the Fed are on it!

We’ve suggested for a while now that turning foreclosed homes into rental properties is an obvious and logical step.  For years banks have collected homes like animals in Noah’s Ark, and now it’s time to put this inventory to good use. 60 Minutes showed us what happened when these homes go empty, so why not put good people in these homes! The government may not like the idea of becoming a landlord, but really isn’t it better than the alternative!! This mass inventory of foreclosed homes can be an asset for our government if more of them are rented out, instead of being a detriment.

The Fed has also come to the overdue realization that the banking system just wasn’t prepared to handle the massive upswing in delinquent homeowners they’ve seen in the last few years. In their report they talk about principal reduction as one such way to combat the negative equity many homeowners now have (which is one of the many reason loan modifications have failed to catch on)

In their report the Federal Reserve states that principal reduction can improve “a household’s financial position, and thus increasing its resilience to economic shocks, and by reducing the incentive to engage in “strategic” default”. Well there’s a DUH moment. We don’t see the market stabilization occurring unless the banks offer principal reduction to homeowners. Right now too many homeowners are walking away, and that won’t change unless they are given greater incentive to stay.  The potential impact on the economy could be far reaching if enough homeowners are given the option. It could lead to more stable neighborhoods, more jobs, and the recovery the government has long sought.

It’s nice to see the Fed finally(!) looking out for Joe Homeowner. While the Federal Reserve may have been created to protect Middle America, we all know the Fed has really been about protecting its own, and allowing the banks to essentially bail themselves out. The Fed, as much as they may hesitate to admit it, can’t do their job without the people!

Happy New Year for Homeowners! No More Cutting Corners for Banks!

Thursday, January 5th, 2012
Banks will need to clean up their circus “act” in 2012 when it comes to Florida foreclosure cases thanks to a series of stinging decisions handed down by the 4th District Court of Appeals that could be the gift that keeps on giving for Florida homeowners.
The court finally realized the banks must have the proper authority before they proceed in the foreclosure process. For years I have been saying the banks have systematically been cutting corners in the foreclosure defense process by not having the requisite power to bring their cases.
In this most recent case, Robert McLean vs. JPMorgan Chase, Chase, which was seeking to foreclosure on McLean’s Broward County home, claimed the note from the borrower was “lost, stolen or destroyed.” I call shenanigans on that claim. The truth is banks were in such a rush to move forward that they just never bothered to check their own paperwork.
McLean sought to squash the foreclosure because he said that Chase ultimately could not prove they were the owner of the note. In fact the assignment of mortgage, which is a document which indicates that a mortgage has been transferred from the original lender, which Chase produced to the court was signed three days AFTER the first foreclosure complaint was filed by the bank.
The 4th DCA, in our eyes, had no choice but to reverse a lower court’s decision and side with the homeowner.  As the saying goes, possession is nine tenths of the law, and in this case, Chase was left holding an empty bag. The court noted that if there was “substantial doubt about the note” that the bank should dismiss and refile the case, and it was clear from Chase’s lack of concrete proof that they had no legal standing in this case.

The 4th DCA’s ruling also guarantees homeowners have a right to an evidentiary hearing, rather than just a summary judgement.

The decision is a monumental leap forward in the way courts handle foreclosure cases and the role that the mortgage assignments play in the foreclosure process.  What the courts have been doing was effectively denying the due process rights of those who were in foreclosure by not forcing the banks to prove ownership of these mortgages.

Gerald Richman, a lawyer for the foreclosure firm Shapiro and Fishman tried to downplay the importance of this ruling in the Palm Beach Post, saying it didn’t mean the foreclosure had no merit. Oh Gerry, you’re missing the point, by a mile. If you’re going to make people cross every “i” and dot every “t”  before they get the keys to the kingdom, how can we not demand banks do the same before they take them back!!

The truth is the process the banks engaged in was unfair and unconstitutional, and the courts have now come to the conclusion that we did long ago.

Thank you, 4th District Court of Appeals, and may the New Year bring you many more moments of clarity like this one.


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