Archive for the ‘Palm Beach Post’ Category

Florida’s Hardest Hit Program Not Providing Real Relief; Long-term Solutions Needed

Thursday, January 19th, 2012

Back when it debuted last April, we were somewhat skeptical that Florida’s Hardest Hit program could provide real benefits for the people it sought to help.

We called it a band-aid, and at least for some South Florida homeowners, it’s proving to be just that. The Palm Beach Post profiled several homeowners who were among the first to receive benefits from the program. Sheryl Stuart, a Jupiter homeowner whose business went under, applied for help through the mortgage relief program, and is about to see her payments end next month. Hardest Hit only entitles qualified homeowners up to six months of mortgage assistance.

Stuart told the Palm Beach Post that even though she’s found a new job, her salary won’t be able to cover her mortgage payment once she stops receiving aid from Hardest Hit. She’s frustrated that she’s about to be right back where she started when she applied for aid in the first place.

“In this economy, to think you can turn your life around in six months is totally ludicrous,” Stuart said in the article, “The working class is quickly slipping into a black hole.”

The truth is this program, however well-intentioned it might have been, is just not enough. What Hardest Hit is essentially doing is giving homeowners a nice seafood dinner, when they really need to learn how to fish.

It scratches the surface but for people like Stuart it might just delay the inevitable. Unless you’re giving homeowners a solid two years of payment relief, you’re not giving these people time to go back to school, improve their financial standing, and really turn their lives around.
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Real Estate Review: Mortgage Rates Set New Low, Homeowners Get More Time, Banks Get Blame and “Reverse Foreclosure”

Saturday, June 11th, 2011

Real Estate Review: Mortgage Rates Set New Low, Homeowners Get More Time, Banks Get Blame and “Reverse Foreclosure”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.
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Then and Now: Florida Judge Says: Shut up and mind your own business!

Monday, January 10th, 2011

If we digress for one moment and go back to the end of 2007 or the beginning of 2008 here is the story I will share with you all. I was attending a hearing on behalf of one of our earlier foreclosure clients in the area of foreclosure defense before a prominent Broward County Circuit judge. I witnessed the judge was signing hundreds of summary judgments where people were not being defended. In the case that I was defending there was clearly a mistake in who the bank was and a standing issue concerning the court’s and judge’s jurisdiction along with the authority to rule on this case.

The full Power point is available by clicking here

The full Power point is available by clicking here

It was at that time that I indicated to the judge that even though he was dismissing my case he was continuing to sign the summary judgments against individual borrowers/homeowners who probably had the same meritorious defenses.

The judge looked me in the eye and said, “Do you represent those individuals?”

I looked back and quietly said, “No.” So he told me to “shut up and mind my own business.”

We then engaged in a subsequent conversation where I questioned whether or not he had any obligation whatsoever under the Constitution of Florida and under his oath of office to evaluate the documentation that was being submitted as truthful to him upon which he was signing summary judgments.

He initially engaged me in a conversation and then in the middle and in open court said, “Counselor, if you continue to proceed with this discussion I will hold you in contempt.”
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The Foreclosure Fraud Files Released! Thanks to Florida Defense Attorneys

Friday, January 7th, 2011

Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases”, that’s the name of the presentation made to the Florida Association of Court Clerks and Controllers by the Attorney General’s office of the State of Florida.

The title speaks for itself. The presentation is truly fascinating and intriguing but in some ways very disappointing. It is a poor reflection of our own society.

The full Power point is available by clicking here

The full Power point is available by clicking here

The Report is summarized by Kimberly Miller of the Palm Beach Post both in the Palm Beach Post and in the Fort Lauderdale Sun Sentinel.

“What we got from this is the state has had the opportunity to see where the laws have been broken, and frankly, it is in large part thanks to the work of the defense attorneys. They’ve been bringing these defenses up in foreclosure cases for years now,” the Palm Beach County Clerk and Comptroller Sharon Bock said to the media.

Well Ms. Bock, on behalf of the foreclosure defense bar, we appreciate the recognition and the tipping of the hat.

In addition, I want to thank a few people in particular in the foreclosure defense bar who have been a prominent voice and continue to provide information to the public about this mortgage foreclosure fraud crisis.

Most notably, April Charney from the Jacksonville Area Legal Aid, has been championing this cause for probably close to two decades. Peter Ticktin has taken probably more depositions of bank officers and robo-signers than any other lawyer in the country. Matt Weidner has a wonderful blog that many people visit on a regular basis. Prince Donnahoe keeps his fellow colleagues always in the know. Dawn Rappaport has prepared a handbook for consumers on how to deal with the foreclosure crisis. Margery Golant continues to provide good media relations to the public and the press concerning this crisis. Thomas Ice and his associates at Ice Legal have taken some brilliant depositions and have gone up against the judges and in many cases have challenged, appealed and won these cases. Of course there are many other attorneys who fall into this special class and I thank all of my peers who have contributed to this cause.
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