Archive for the ‘Foreclosure Defense’ Category
Sunday, July 24th, 2011
Oppenheim Law would never accuse the banks of committing fraud, perjury, impersonation, notary fraud, contempt of court, lying, violating Constitutional protections, or being tax cheats. Nevertheless, we do make this advisory: Be careful of what you sign.
Why?
As soon as you think the coast is clear, it’s the return of the robo-signers.
Suspected robo-signed documents are cropping up again in county deed records, according to the Associated Press. These new documents suggest the previous document mill scandals are part of an endemic problem at banks, not a one-off affair like the banks would have you believe.
In explaining the document mill scandals, banks claimed they were crushed by a gigantic amount of paperwork. It was while attempting to deal with such a large amount of paperwork that “mistakes” were made, according to the banks. Such claims are now being met with a raised eyebrow.
Registrars in several states have reported seeing suspicious documents. But now, the banks can’t claim they are under a mountain of paperwork: foreclosures, sales, and refinances are all at lower levels than they were in the past several years. Most of the documents under suspicion now are not even related to foreclosures. Rather, they mostly deal with new home purchases and refinances.
The banks are even using some of the exact same names heavily publicized when the scandals first broke like Linda Green and Crystal Moore. Such behavior points to an industry that sees itself as untouchable: too big to fail and too big to be regulated.
The proposed settlement between the banks and the states includes no criminal charges. Critics say that such slaps on the wrists only foster a culture of impunity, and they appear to be right.
(more…)
Tags: bank fraud, Florida real estate, Oppenheim Law News, Robo signer
Posted in Bank Fraud, Florida Law News, Foreclosure Defense, Foreclosure Fraud | 1 Comment »
Saturday, June 11th, 2011
Mortgage Rates Set Fresh 2011 Low After Jobs Report
Fixed rate home mortgage loans dropped for the eighth straight week to a new low for 2011 amid concerns of another economic slowdown this year, according to data from Freddie Mac and a report by The Wall Street Journal.
The 30-year fixed-rate mortgage averaged 4.49%, down from 4.55% last week and 2010’s 4.72% average. Rates on 15-year fixed-rate mortgages fell from 3.74% to 3.68%. 15-year fixed-rate mortgages averaged 4.17% in 2010.
Lawyers Get More Time to Finish Foreclosures
Florida foreclosure defense is translating into more time for plantiff bank attorneys to complete a foreclosure, according to an article in the Palm Beach Post.
Due to the reality of Florida’s overloaded court system and swirling questions surrounding the validity of foreclosure paperwork, Fannie Mae is now allowing bank attorneys up to 450 days (about 15 months) for lawyers to complete a foreclosure before fines are levied. The previous time limit was 185 days, or about six months.
The increased time needed to complete a foreclosure legally and correctly against a homeowner is due in large part to Florida foreclosure defense attorneys working to protect the rights of South Florida homeowners, according to Roy Oppenheim.
Obama Blames Wells Fargo, Bank of America, Chase for Modification Failures
The three largest U.S. mortgage lenders are getting some heat from the Obama administration for the failures of the federal foreclosure-prevention program, according to The Associated Press.
The lackluster performance of Wells Fargo, Bank of America and Chase with helping homeowners lower their mortgage payments has led the Obama administration to remove financial incentives it had given these lenders.
(more…)
Tags: AP, Associated Press, Bank of America, chase, economic slow down, Florida foreclosure news, Foreclosure News, Freddie Mac, HAMP, homeowners foreclose on banks, mortgage modifications, Obama, Obama Administration, real estate headline review, real estate headlines, The New York Times, The Palm Beach Post, The Wall Street Journal, Wells Fargo
Posted in Associated Press, Florida foreclosures, Florida Law News, Florida real estate, Foreclosure Defense, International News, Loan Modification, Palm Beach Post, Roy Oppenheim, Short Sales, The New York Times, The Wall Street Journal | 3 Comments »
Friday, June 10th, 2011
All the top headlines from popular topics around the web: that’s AllTop.
And now the South Florida Law Blog is listed on this popular directory of top news sources. Fresh off the South Florida Sun-Sentinel Best of Blogs Awards, Oppenheim Law is proud to announce we are part of the feed to the AllTop Real Estate topic: http://real-estate.alltop.com/
What is AllTop?
The website helps users answer the question, “What’s happening?” Alltop prides itself on providing aggregation without aggravation, according to its homepage.
The “online magazine rack” collects the latest headlines from the best sites and blogs. Topics include celebrities, fashion, sports, politics – and real estate. The South Florida Law blog is in good company alongside news giants such as The Wall Street Journal, MSNBC and The New York Times and local blogs from Hanoi to Chicago.
The selection process for Alltop is “highly subjective and judgmental”, not based on an algorithm, as with search engines, so to be included is a special honor. South Florida Law Blog fans are now able to subscribe and view the latest real estate news and commentary alongside their other favorite blogs.
About Alltop and Guy Kawasaki
Named “the granddaddy of blog discovery tools” by Mashable, Alltop was founded by former Apple evangelist and Silicon Valley venture capitalist Guy Kawasaki. Kawasaki was one of the Apple employees originally responsible for marketing the Macintosh in 1984. Kawasaki is a renowned public speaker and best-selling author of 10 books including his latest, Enchantment: The Art of Changing Hearts, Minds, and Actions. Although he’s been described as a business legend, Kawasaki says that being a legend shouldn’t be your goal in life: “What you should do is create a great product or service…the goal is to change the world…if you do that, maybe you’ll be a legend.”
Tags: Alltop, Florida Foreclosure Defense, Florida Real estate blog, Guy Kawasaki, legal blogger, Oppenheim Law, real estate lawyer, Real Estate News, Roy Oppenheim, South Florida Law Blog, South Florida Sun-Sentinel Best of Blogs
Posted in AllTop, Best of Blogs Awards, Florida Law News, Foreclosure Defense, Roy Oppenheim | 1 Comment »
Wednesday, June 8th, 2011
Nearly 40% of homeowners who took out a second mortgage are underwater on their loans, but the news surrounding second mortgages isn’t all doom and gloom for Floridians, says Florida foreclosure defense attorney Roy Oppenheim.
Second mortgages refer to any loan taken out on a property that is subordinate to the first mortgage, and include home-equity loans or lines of credit.
According to data from CoreLogic and The New York Times, homeowners with a second mortgage are two times more likely to be underwater on their property. CoreLogic’s data also shows that homeowners with second mortgages are facing deeper levels of negative equity in their homes – $83,000 compared with $52,000 – than borrowers without second mortgages.
The bright side is that Oppenheim Law is seeing massive principal reduction on second mortgages through loan modifications, according to Oppenheim. It’s becoming common for the Florida foreclosure defense law firm to negotiate up to 80% in principal reductions of second mortgages, a far greater percentage than first mortgages.
A vast majority of first mortgages were cut up, bundled and sold to investors as mortgage backed securities, the process that played such an enormous role in the Florida real estate crisis. On the other hand, nearly three-quarters of second mortgages are still held by the banks that made the original loans.
The good news for Florida homeowners is that these banks are beginning to treat second mortgages similarly to consumer credit card debt, accepting minimal “pay offs” to settle up with homeowners.
Homeowners who are willing to negotiate a “short payoff” can have tremendous success reducing their second mortgage principal by 50% to 80% and then paying off the remaining balance in cash. Banks are even starting to solicit Florida homeowners with second mortgages to make initial offers for 40% to 50% reductions, which Oppenheim Law is then able to negotiate to as much as 80%.
(more…)
Tags: CoreLogic, Florida Foreclosure Defense, Florida Foreclosure Defense Attorney, Florida short sale, Loan Modification, Oppenheim Law, Roy Oppenheim, second mortgages, short sale, south florida real estate, The New York Times, underwater homeowners
Posted in Florida foreclosures, Florida Law News, Florida real estate, Florida short sales, Foreclosure Defense, International News, Roy Oppenheim, Short Sales, strategic default, The New York Times | 2 Comments »
Wednesday, June 1st, 2011
The good:
All we can say is, you never know!
When the real estate market collapsed, Miami’s downtown epitomized the worst excesses of the building boom. Glittering new towers sat mostly vacant. Today Miami’s downtown real estate is booming and bustling with life and commerce thanks to foreign investors and renters.
A report by the Miami Downtown Development Authority indicates that 85 percent of new condo units are occupied. Downtown Miami’s population now numbers about 70,000 compared to 40,000 ten years ago. In spite of Miami-Dade’s 13.2% unemployment rate, downtown bars, shops and restaurants buzz with activity at the end of the workday. Sales at the swank Icon Brickell average 47 units a month.
The bad:
Clearing the backlog of foreclosures slows again as some delinquent homeowners successfully maintain that their mortgage companies can’t prove they own the loans, therefore forfeiting their right to foreclose. After last fall’s robo-signing debacle, many homeowners are waking up and realizing their banks are guilty of sloppy practices at best and forgery at worst. Oppenheim Law continues to see banks dismiss foreclosures.
And the ugly:
Double Dip Housing is no Ameri-cone Dream
As South Florida housing prices hit a new low, the The New York Times and Wall Street Journal chime in unison with a cherry on top: Goodbye, American Dream. It seems renting is the new ‘black’ in real estate fashion as desperate sellers watch not-so-desperate buyers sit on the sidelines waiting for the bottom to hit; while they rent in Miami luxury.
The S&P/Case-Shiller National Index, released today, indicated prices nationwide fell 4.2% in the first quarter after declining 3.6% in the fourth quarter of 2010, in spite of increases in 2009 after the home buyer tax credit and early 2011.
(more…)
Tags: Brickell, foreclosures stall, how to defend against foreclosure, Miami, Miami Condo Market, Oppenheim Law, Real Estate, real estate recovery, RealtyTrac, Roy Oppenheim, The New York Times, The Wall Street Journal, Trulia
Posted in Bank Fraud, Florida foreclosures, Florida real estate, Foreclosure Defense, Foreclosure Fraud, International News, Roy Oppenheim, The New York Times, The Wall Street Journal | 3 Comments »
Wednesday, June 1st, 2011
What is killing Florida real estate? Excess inventories and falling home prices.
House prices have been continuously falling for the first time in 70 years, and South Florida homeowners should expect the trend to continue.
A surplus inventory of houses caused by Florida foreclosures and short sales is the mortal enemy of home prices. Lower prices are needed to sell off excess inventories of residential properties, and in turn lower prices encourage more inventories from anxious sellers.
So how big are excess inventories and how long will it take for the real estate market to absorb them?
According to Economic Consultant Gary Shilling, we are currently facing a surplus of up to 2.5 million excess house inventories in the United States, a number that is subject to rise with further foreclosures and falling home prices.
To forecast the length of time to work off this excess inventory and have the market return to more favorable inventory and price conditions, Shilling developed projections of supply and demand for residential units.
Household formation averaged about 900,000 per year over the past decade as measured by the Census Bureau. Shilling uses this number as a reasonable estimate of yearly housing demand. However, with many college students moving back with their parents after graduation, household formation is not happening as fast as it once did.
New construction of single family homes and apartment units is running about 700,000 per year, and about 300,000 U.S. homes are torn down, converted or removed from housing stock each year. Based on these numbers, Shilling calculates new housing supply to be about 400,000.
(more…)
Tags: Census Bureau, economy, Florida foreclosures, Florida real estate, Florida short sales, Gary Shilling, housing inventory, housing inventory excess, Miami, Oppenheim Law, Real Estate, Real Estate News, Roy Oppenheim, Weston Title
Posted in Florida foreclosures, Florida Law News, Florida real estate, Foreclosure Defense, Foreclosure Fraud, Infographic, Roy Oppenheim | 2 Comments »
Wednesday, May 25th, 2011
The South Florida Law Blog believes it will be at least 2016 before Florida’s housing market fully recovers, but a new study shows many Americans are far more optimistic.
The results are in, and it appears the majority of those surveyed believe 2012 will be the magic year for the housing market. Trulia and RealtyTrac recently polled 2,034 U.S. adults aged 18 years and older to find out when most Americans think the housing market will recover. A mere 10 percent thought a recovery would happen this year, while nearly a quarter of those surveyed predicted a bumpy road until 2015 and beyond.
Despite recent reports that foreclosures have slowed and sales in Broward and Miami-Dade are trending up, Florida is not out of the woods yet. As special guest and Florida real estate developer, Pat Sessions, pointed out during our talk show From The Trenches, the market has yet to bottom out here in Florida.
As always, the South Florida Law Blog continues to share and comment on the latest in real estate news.
Tags: Broward sales trending upward, foreclosures, foreclosures slowed, from the trenches, housing market, housing market recovery, Oppenheim Law, Pat Sessions, RealtyTrac, recovery, Roy Oppenheim, south florida real estate, Trulia, when will the housing market recover
Posted in Foreclosure Defense, From The Trenches, Infographic, International News, Roy Oppenheim | 6 Comments »
Oppenheim Law would never accuse the banks of committing fraud, perjury, impersonation, notary fraud, contempt of court, lying, violating Constitutional protections, or being tax cheats. Nevertheless, we do make this advisory: Be careful of what you sign.
