Archive for the ‘Loan Modification’ Category

Sneak Preview: ABC’s + ‘D’ for…Deflation by Roy Oppenheim

Tuesday, August 31st, 2010
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On location in Boston, Real Estate Attorney and Legal Blogger Roy Oppenheim talks about the real estate market and what to expect from the new deflationary economy.

Tune in Wednesday night. Oppenheim highlights the new rules homeowners need to learn in a Back to School Workshop.

What: ABC’s and D for Deflation Foreclosure Defense Workshop

When: Wednesday, September 1, 2010 – 6:00 to 7:00 PM

Who: Learn the new way of thinking for a new economy! Homeowners facing foreclosure or underwater mortgages, real estate professionals, buyers and sellers

Where: The Oppenheim Law Online TV Channel

Or come in person

2500 Weston Road, Suite 404, Weston, FL 33331

Cost: Free with advanced registration

RSVP: To register email roy@oplaw.net or call 954.384.6114

Oppenheim Law will broadcast September’s Foreclosure Workshop online through the Oppenheim Law TV Channel. Participants are invited to ask questions and comment on the presentation through chat or Oppenheim Law’s Twitter account @OPLaw. For more details see the Oppenheim Law Website.

Now We Know: Why Obama’s Loan Modification Program Failed Homeowners – Oppenheim Observes

Wednesday, August 11th, 2010
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Small wonder that HAMP has turned into an embarrassing failure for the Obama administration.

Small wonder that HAMP has turned into an embarrassing failure for the Obama administration.

This past weekend, I was in our Nation’s capital. It is always interesting to see things from the inside looking out, as opposed to from the outside looking in. It is like being in a house of mirrors.

One thing is apparent: the Beltway economy is not suffering like places such as Florida, Nevada, and Detroit. As a result, our elected representatives and the administration may not truly understand the depth of the housing crisis. I think they still blame the greed of “over ambitious” homeowners and speculators as opposed to the real driving force: Wall Street, the over-sized “too big to fail” banks and themselves. The buzz, of course, was the fact that Fannie Mae may have been playing its own political three card “monty” with homeowners over the past year. Simply put: whistleblower Caroline Herron, a former Fannie Mae executive and consultant, is suggesting the administration pushed for temporary modifications knowing full well that many of the loan modifications would fail prior to becoming permanent. In fact, Congress is now pushing for hearings.

Fannie Mae executives bungled their responsibilities of the federal government’s massive foreclosure-prevention campaign, creating a bureaucratic muddle characterized by “mismanagement and gross waste of public funds,” according to the suit Herron filed. The suit alleges that the homeowner-relief effort was marred by delays, missteps and executives’ preoccupation with their institution’s short-term financial interests. “It appeared that Fannie Mae officers were focused on maximizing incentive payments available to Fannie Mae under various federal programs – even if this meant wasting taxpayer money and delaying the implementation of high-priority Treasury programs,” Herron claims in the lawsuit.

The problem started with a skewed financial incentive at the heart of HAMP. The government paid Fannie bonuses for trial modifications that lasted three months, but apparently provided no incentive to move those homeowners into permanent modifications. Under pressure to show that they could turn a profit after the massive bailouts of 2008 and continuing bailouts in 2009, Fannie Mae executives apparently focused on earning those bonus payments.

The result: very few permanent modifications.

Herron charges that Fannie Mae continued in headlong pursuit of “trial mods” knowing many had little chance of becoming permanent. As late as September 2009, barely one percent of trial modifications had converted to permanent modifications by the end of their three-month trial, a Congressional oversight panel found. Nevertheless, Fannie Mae preferred doing trials, Herron alleges, because it was eligible to receive incentive payments from the Treasury Department for trial modifications booked before the end of 2009.

As of February 2010, 83 percent of the one million active modifications being handled by HAMP were trials rather than permanent arrangements. The allegations suggest that the modifications resemble the sub-prime loan market prior to 2008. Government incentives pushed Fannie not only to prioritize trial mods over permanent settlements, but also to pull borrowers with no hope of rescue into the program in order to profit off of them.

Herron’s lawsuit accuses Fannie executives of “actively working against” the borrower. In fact, she alleges that Fannie was reluctant to move quickly in processing the modifications.
Small wonder that HAMP has turned into an embarrassing failure for the Obama administration. Although the President promised 3 million modifications, only now approximately 300,000 have been successful.

Roy Oppenheim
From the Trenches

Oppenheim Law on The Tale of Two Cities: The Best and The Worst of Times

Monday, April 26th, 2010
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Stocks Up + Economy Recovering, But a New Real Estate Storm On The Radar

Book the First: Recalled to Lifestocks-going-up

On the national front, news stories indicate that the stock market is steadily resurrecting itself, the first real positive sign that the economy may finally be on the mend. A recent article in The Wall Street Journal noted that banks especially were showing vast improvements, with J.P. Morgan Chase calculating a 55% surge in quarterly profits. While the news is encouraging, there is still hesitation rather than outright relief in the undertone of the stories. The reason: if the banks have not learned from their mistakes, the economy might be six feet under again and sooner than we think.

Book the Second: The Golden Thread

While numbers in South Florida still appear disheartening, a little golden thread appears to be tying up the drowning homeowners into a pretty little package called loan modifications. Although a recent article in The Sun-Sentinel quoted RealtyTrac stating that foreclosure filings in Broward had risen 38% in Broward from March 2009, the numbers seem to be decreasing slightly from previously months. The federal government attributes this to the success of new government workout programs.

Recent statements from the Treasury Department tout the success of the new government loan modification programs. Although the programs did not technically go into effect until April, some banks began using them “successfully” earlier. A recent press release by the Assistant Secretary of Financial Stability for the Treasury Department stated the new programs were on track to help 3 to 4 million homeowners by the end of 2012, with over 1.4 million homeowners already beginning the application process. While this appears to be a positive turn, everything will fall apart if that single golden thread snaps.

Book the Third: The Track of a Storm

Hurricane-Katrina-Miami-Rdar-25-Aug-2005-20.30-UTCInterestingly, there are many unanticipated problems stemming from these workouts that might put the housing market right back into the tempest. Loan modifications, while being touted by the government as the evacuation that might save homeowners, are creating a path of destruction in their wake. In fact, while loan modifications are helping some owners, it appears to be hurting others in the process by driving down the value of homes and pushing others further underwater on their loans, leading to more foreclosure filings overall.

Another problem was reported in The New York Times: homeowners who receive modifications are defaulting again, eventually losing their homes to foreclosure anyway. Although the U.S. Treasury stated the 1% of loan modification recipients who had already defaulted this year under modified loans were expected, numbers from previous programs are not encouraging. Reports from 2008 and 2009 showed that eventually 60% of modification recipients re-defaulted. The problem is not the program itself, but rather the fact that by the time relief comes, homeowners are already buried in insurmountable debt.

Right now, it appears that South Florida is in the direct path of the storm, and it could either die off or score a direct hit with thousands of casualties.  While optimistic reports indicate that the worst is over, it really appears we are actually in the eye of the storm, and the worst might be still to come. Overall, the current market seems like a precarious teeter-totter, with the stock market up and the housing market down. Once the two find a delicate balance, the economy should finally stabilize. For now, it is the best of times… and the worst of times.

Instant Replay! UStream TV Brings Oppenheim Law Workshop Live! April’s Short Sale + Foreclosure Defense Workshop in Review

Thursday, April 8th, 2010
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Home on a Stack of Cash

Live from Ustream, it’s Roy Oppenheim with an instant replay available for the next 48 hours!

On a night when Oppenheim Law broadcast its monthly Foreclosure Defense Workshop to over 100 viewers on UStream, the primary message from real estate attorney and legal blogger Roy Oppenheim was one of opportunity and hope.

As we continue to roll through 2010, dubbed “The Year of the Short Sale” by Oppenheim, it is important to remember homeowners always have rights, no matter your financial situation, and options always exist for defending yourself and your home.

April’s workshop was full of advice on executing short sales, avoiding deficiency judgments, defending foreclosure and protecting your assets and rights. We’ve put together a summary of Oppenheim’s main messages, and look forward to seeing you at the next workshop scheduled for May 5 whether in person or online!

  • Sluggish Mortgage Servicers – The government’s Making Home Affordable program is not going to solve this real estate and financial crisis. Banks are too slow and too reluctant to provide homeowners adequate relief.
  • Short Sale Savings – Short Sales have emerged as an effective way to avoid foreclosure and save homeowners’ credit, and the government’s new short sale incentives will increase this effectiveness.
    • Oppenheim Law has already executed four short sales for clients THIS WEEK, by the time of the workshop Wednesday night, while successfully defending costly deficiency judgments.
  • Cash vs. Pennies – Banks are encouraged to approve short sales and receive immediate cash relief as opposed to modifying loans and earning pennies on the dollar of their initial investments.
    • Case in Point – Oppenheim highlighted a letter from Selene Finance offering to pay homeowners $20,000 for moving expenses if they can execute a short sale.
  • Oppenheim Law has negotiated reductions in deficiency judgments by as much as 80-85%.

    We look forward to hearing your comments on April’s workshop and hope to see you all on May 5 for our next event. Until then, you can check out a replay of the workshop on Oppenheim Law’s UStream Channel. The video will be available through Friday, April 9 at 5 PM EST.

    Roy Oppenheim on “Asset Protection” Show Part 2 – Discusses Deficiency Judgments and Homeowner Negotiating Power

    Friday, March 26th, 2010
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    Oppenheim Law on "Asset Protection"Homeowners who are represented by proper legal counsel and take steps to protect their assets before, during and after the foreclosure process can leverage valuable negotiating power over the banks, according to Florida Real Estate Attorney Roy Oppenheim.

    Oppenheim sat down with Asset Protection Attorney Douglass Lodmell for a second time to discuss the specific benefits legal representation can present for homeowners facing foreclosure, attempting a short sale or considering strategic default. We’ve attached the full video at the end of this post.

    Oppenheim Law is continuing to defend South Florida homeowners’ deficiency judgments whether the result of foreclosure or improper liquidation and negotiation after a short sale.

    “Banks are always going to go after the lowest hanging fruit,” Oppenheim said. “Legal representation and asset protection can make you an unattractive target for the banks and translate into debt settlements for pennies on the dollar.”

    Check out the video below to hear Part 2 of Roy Oppenheim’s interview with Asset Protection Attorney Douglass Lodmell and feel free to leave any questions in the comments section of the blog.

    Oppenheim Law Argues for “Meaningful Principal Reduction” in The Miami Herald

    Friday, January 29th, 2010
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    MiamiHerald

    In case you didn’t hear, the Obama administration announced changes for requirements of paperwork and documents regarding the Making Home Affordable on Thursday, hoping to improve the success rate and communication between homeowners and lenders.

    While this bureaucratic decision may indeed help a few more modifications squeeze through the banks clenching hands, ultimately, the change that is needed for South Florida homeowners requires substantial principal reduction on underwater mortgages.

    Oppenheim Law has been arguing for over a year that there are too many mortgages valued greater than the actual market worth in South Florida, and merely lowering interest rates and extending the life of loans will not do enough to solve the Florida foreclosure problem.

    To read my thoughts on the latest Home Affordable Modification Program changes, check out the entire Miami Herald article, “Home-loan aid altered” in the Oppenheim Law News Room.

    From the trenches,

    Roy

    Obama Administration Implements New Guidelines to Assist Short Sales

    Wednesday, December 2nd, 2009
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    While mortgage modifications continue to be a huge problem for the Obama administration, they seem to be following the advice of the geeks at the Federal Reserve and from the folks in the “Trenches“. (See WSJ Article).  You are eligible to do a short sale if (1) you have a government backed loan (Fannie, Freddie, VA, etc.), (2) its your primary residence, (3) you have been turned down for a modification, and (4) you have had the property listed at market price. That means you may get $1,500 from the government upon closing and you get to Walk Away! No Deficiency!  Learn more about alternatives to foreclosure and defenses to foreclosure at our seminar tomorrow night at 6:00 p.m.

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

    Wednesday, October 21st, 2009
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    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
    •    Insider information about counterclaims against the banks and deficiency judgments
    •    How to locate and purchase foreclosed properties substantially below market value.
    •    Tips on finding, buying, and selling short sales
    •    Insight on current Florida home prices and the right times to buy/sell
    •    Oppenheim will also discuss: deed in lieu, second mortgages, and Chapter 13 bankruptcy

    Address: 2500 Weston Rd, Ste 404 in Weston, FL 33331.
    Phone: 954.384.6114

    Learn: http://www.oppenheimlaw.com
    Fan: www.facebook.com/oppenheimlaw
    Close: http://www.westontitle.com
    Follow: http://twitter.com/oplaw

    SFBJ: Mixed Reviews for Loan Modification Plan

    Tuesday, October 6th, 2009
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    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.

    “It’s disappointing,” he said of President Barack Obama’s housing plan. “They should reduce the principal. I could easily justify walking away just to get this albatross from around my neck.”

    Reisner is not alone. The goal of the Home Affordable Modification Program (HAMP), part of the U.S. Treasury’s Home Affordability & Stability Plan, is to save 3 million to 4 million homes from foreclosure. So far, 360,165 trial modifications have been started nationwide.

    Some people are getting meaningful reductions, allowing them to stay in their homes, according to Diane Cantor, director of Centro Campesino Farmworkers Center in Miami.

    “People fall on their knees in joy” when they get modification details, she said.

    Centro Campesino is one of the nonprofit agencies teaming up with Chase – which also handles mortgages issued by Washington Mutual and EMC Mortgage Corp. – to offer seminars on mortgage modification.

    “We’ve seen people have their monthly payment reduced by $900,” Cantor said. “That’s the difference between staying in their homes and not staying in their homes.”

    Many hoped that offering mortgage modifications to homeowners would stem the foreclosure crisis. But, modifications are voluntary, and some lenders appear to be participating more than others.

    Bank of America, which has the largest number of delinquent loans in the HAMP program, had started trial modifications on only 7 percent of those loans by August, according to a new government report.

    Chase has started loan modifications on 106,200 – 25 percent of eligible loans. Chase has opened 27 mortgage modification centers tnationwide, including two in South Florida.

    “We’re trying to do a lot of outreach, to let the community know that we are here,” said Ertha Brathwaite, manager of the Chase Homeownership Center in Aventura. “We are getting quite a few people coming in. Based on the delinquency in Miami, though, you would expect more.”

    Seven modification seminars are planned in South Florida in the next 45 days.

    Homeowners can also walk into one of Chase’s mortgage modification centers or apply over the phone.

    “At the centers, they are trained to handle mortgage modification,” Chase spokeswoman Nancy Norris said. “That is all they do. They don’t sell mortgages, they’re not dealing with credit card issues. They’re just trying to help homeowners stay in their homes.”

    Chase can drop the interest rate to as low as 2 percent and extend the term of the loan, Norris said. However, she emphasized that the program is not about “principal forgiveness.”

    “The biggest misconception in South Florida is that being upside down is a financial hardship – and it’s not,” Norris said. “Our goal is to make it affordable to the homeowner to make their house payment, not to reduce the principal.”

    That is one of the key flaws with the program, according to legal experts.

    “There is some urban legend that you’re going to see some massive amount of principal reduction,” said Roy Oppenheim, a foreclosure defense lawyer in Weston. “You’re seeing some reduction – about 20 percent – but it’s usually interest, penalties and stuff. On rare occasions, you see some principal reduction.”

    Oppenheim said HAMP excludes jumbo mortgages, second homes and investment properties.

    “That’s 60 percent of homes right there,” he said.

    April Charney, a nationally recognized foreclosure expert, says the only real solution to the problem is for Congress to declare an emergency moratorium on foreclosures.

    The HAMP program cannot work, said Charney, who sits on the Florida Supreme Court Foreclosure Task Force, because much of the mortgage paper has been bought in bulk and sold to foreign countries.

    “Until we can do workouts with stabilized mortgages, we’re all going to lose,” she said. “Until we can reduce principal and interest rates, we are counterproductive.”

    Still, on the ground floor, workers at Centro Campesino in Miami are optimistic about the HAMP plan. More than 20 people came to the first outreach meeting with Chase last month.

    “We would like to do this with all the different lenders one day a week,” Cantor said. “It’s going to take a lot of things working at the same time to solve this foreclosure problem, but that doesn’t mean there isn’t some value in getting the mortgage reduced from 7.25 to 2 percent.” by Julie Kay

    Roy Oppenheim Answers the Call on Florida Reverse Mortgages

    Monday, September 21st, 2009
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    Helping CBS Neighbors 4 Neighbors, Oppenheim Law Attorney’s Geoff Sherman and Roy Oppenheim Volunteer by Answering Calls for the CBS Neighbors 4 Neighbors 15-line Phone Bank
    neighbors4neighbors
    With Al Sunshine reporting the CBS news, Roy Oppenheim and the attorneys from Oppenheim Law will be answering all things reverse mortgage-related tonight at CBS4’s For Your Money phone bank.

    Reverse Mortgage Questions Answered Tonight
    How does a reverse mortgage work?
    Am I eligible for a reverse mortgage?
    What is the best way to apply for a reverse mortgage?
    What if the value of my home has dropped dramatically?
    How do reverse mortgages stop the process of foreclosure?

    CBS4 Reverse Mortgage Phone Bank
    Who: Foreclosure Defense Law Firm Oppenheim Law + CBS4
    When: Tonight, Monday September 21st from 5:30 – 6:00 PM
    How: Call CBS4 305-597-4404 and speak to a foreclosure attorney

    Oppenheim Law advises homeowners to be proactive and ask questions if they fear they may be facing foreclosure. Tonight’s phone bank will offer free advice for homeowners considering a reverse mortgage.

    About Neighbors 4 Neighbors
    Neighbors 4 Neighbors is the most identifiable public service campaign in the Miami-Fort Lauderdale market. South Florida viewers know Neighbors 4 Neighbors, consider it important, and respond to it in a remarkable way.

    Here is a sampling of what Neighbors 4 Neighbors has done during the past fourteen years:
    •    Nearly 4 million calls have been logged in the phone bank
    •    More than $10 million in donations of cash, foods and services have gone to those in need
    •    Nearly 400,000 people have participated in the Neighbor’s Adopt-A-Family for the Holidays program
    •    More than 300 local social service agencies receive direct support from Neighbors

    Want to become involved?
    Contact Neighbors 4 Neighbors.

    Want to follow Al Sunshine?
    Connect with him on Facebook.

    Want more info on reverse mortgages? Visit the Housing and Urban Development Web site for the Top 10 Things you should know if you’re interested in a reverse mortgage.