Archive for the ‘Florida real estate’ Category

Foreclosure, Short Sales, Deficiency Judgments — 2011’s Top 10 Headlines: Pt.1

Friday, December 30th, 2011

In our last blog we talked about the stories that resonated with Roy Oppenheim in 2011, but what stories mattered to you?

We reviewed the most popular stories on the South Florida Law Blog this year and came up with our list of the top 10 posts for 2011

# 10 — Florida Deficiency Judgments FAQs . . . By Popular Demand

Some of Oppenheim Law’s most popular videos and blog posts this year were on the topic of deficiency judgements. Understanding deficiencies and the Florida rules which pertain to them are key to avoid getting a deficiency judgment.

The unpaid mortgage debt associated with a residence is a deficiency. A bank can foreclose and force a judicial sale of a home if the mortgage borrower fails to pay the associated mortgage debt. The deficiency is the difference between the proceeds from the sale and the remaining mortgage loan balance. A deficiency can also result from a short sale, which is an alternative to foreclosure.

The rules pertaining to deficiencies differ from state to state. In Florida, if the bank is successful in obtaining a deficiency judgment, it will be recorded in the public records and collectable for up to twenty years. To avoid the possibility of getting a deficiency judgment, before deciding to walk away from your home, hiring a good foreclosure defense attorney is necessary.

#9 — #Fail – Government Plan to Help #Florida Homeowners

At first glance, it looked like Florida foreclosure victims were finally getting the help they need from the feds. Reading the fine print it looks like if we had to describe this in one tweet word: #fail.
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Oppenheim Looks at 2011 and beyond: Foreclosure Crisis, #OccupyWallStreet and Real Estate

Tuesday, December 27th, 2011

With 2011 winding down, foreclosure attorney Roy Oppenheim made a return visit to “The Mind of Money” to share his thoughts on the year that was with host Douglas Lodmell.

Just as Oppenheim anticipated, this year we’ve seen how big this foreclosure mess really is. There were numerous investigations, and a self-imposed moratorium on foreclosures during parts of 2011, resulting in a massive backlog of cases.

It was ludicrous, as Bank of America officials first said, that they would only need 60 days to review their inventory of files.

“It took them virtually a year to figure out that they were doing were just not kosher and had to stop,” Oppenheim explained.

There were several huge financial settlements offered to the banks over their illegitimate foreclosure practices, but the majority just did not stick. Judges told them the settlements were unacceptable and did not go far enough. With various attorneys general and the IRS among the agencies getting involved, these cases are nowhere close to settled.

“The banks literally got their hand not just caught in the cookie jar, but the lid was slammed on it, and everyone got to see the hand just hanging there,” said Oppenheim.

2011 is leaving us with a still unstable market, so people are looking for tangible investments, Oppenheim continued, and with the dollar still weak, Florida real estate is not a bad deal. When you add the fact that there is an excess of distressed properties, prices are not expected to rise anytime soon. he said.

Now every year there is an X-Factor, and this year it was Occupy Wall Street. It was a movement no one really saw coming, and despite some right-wingers attempts to limit Occupy as a fringe movement, Oppenheim said, there is no question the message of Occupy has resonated with middle America.
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60 Minutes: Underwater Homes? Everyone’s getting wet!

Thursday, December 22nd, 2011

The world is upside down again: Banks are walking away while homeowners are staying to fight for their neighborhoods.

That’s what the team at Oppenheim Law realized after watching 60 Minutes’ latest piece on the foreclosure crisis. This time Scott Pelley focused on a neighborhood in Cleveland where officials has resorted to tearing down what were once perfectly good homes.

Why? Because the banks that control the homes have been acting as terrible irresponsible neighbors. The end result is too many neighborhoods are littered with abandoned properties, many of which have been stripped to the bone by thieves. As many as 25 percent of these homes are now empty, according to Pelley. These neighborhoods, of which there are far too many, have fallen into a state of disrepair, where a total tear-down is the only option.

You don’t have to be underwater to get splashed

Probably the most disturbing revelation to come out of the 60 Minutes story was the foreclosure crisis has impacted all homeowners, regardless of whether they are in danger of losing their homes or not. In fact their homes didn’t even need to be underwater to feel the pinch of the housing mess.

With countless homes now empty and transformed into eyesores, those who remain are seeing their property values sink faster than the Titanic. People are left with homes that are virtually worthless and unsellable, so even if they wanted to buy a home somewhere else, it’s unlikely they could.
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Own vs Rent: Florida Stronger Allure for Home Buyers

Tuesday, November 29th, 2011

Are the days of foreclosure turning into buy-closure?

Owning a home in Florida continues to become the more affordable option relative to renting, but several obstacles prevent many from taking the plunge according to a recent Florida real estate article in the Wall Street Journal.

 

The inventory of unsold homes has declined sharply from one year ago in many markets including Florida. While Oppenheim Law agrees price declines and low mortgage rates have pushed affordability to its best level in the past decade, the prospect of falling prices, more Florida foreclosures, and economic uncertainty continue to hold back the demand of leery wanna-be homeowners.

What makes this a Florida real estate buyer’s market?

  • Home values have declined
  • Apartment renting is expected to escalate in price
  • Mortgage rates are at the lowest in six months, hovering at 4 percent
  • Inventory in markets such as Miami are down by almost half compared to last year
What makes this a questionable buyer’s market for Florida real estate?
  • Mortgage rates are expected to stay low, so there is no sense of urgency to buy now according to analysts
  • The potential supply of homes is much bigger because banks have yet to process hundreds of thousands of potential foreclosures.
The question of buying versus renting is not a black and white decision, even for the Florida sunshine state where there is evidence of progress and hope. If you are considering buying a home, Weston Title & Escrow can guide you through the process.

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