Archive for the ‘Roy Oppenheim’ Category

Roy Oppenheim Guest Spot on “Secrets of Asset Protection” Show – Discusses FL Foreclosure and Short Sales

Wednesday, March 10th, 2010

Many times Florida homeowners make decisions regarding their assets before being served with a foreclosure complaint. Unfortunately, 97% of homeowners do nothing to protect themselves or their assets before and during the foreclosure process, according to South Florida Real Estate Attorney and legal blogger Roy Oppenheim.

Oppenheim met with Asset Protection Attorney Douglass Lodmell to share how Oppenheim Law guides South Florida homeowners through defending themselves and their homes and helps them fashion their own economic bailouts.

“We frequently represent individuals who are professionals and have done everything right in the traditional path to wealth in this nation,” Oppenheim said. “And now because certain institutions that we have all respected for so many years failed us, we are seeing these individuals have to figure out how to deal with getting out of their tricky financial situation.”

The current system, including banks, Congress, the President and the Courts, is failing American homeowners according to Oppenheim and Lodmell.

Oppenheim describes how his firm navigates through the current system to protect homeowners’ rights during the foreclosure process.

Check out the video below for the entire interview and we look forward to reading your comments and answering any questions.

Tides Turning? Short Sales + Deficiency Judgment Workshop In Review

Friday, March 5th, 2010

house short saleOppenheim Law hosted its largest Free Florida Foreclosure Defense Workshop Wednesday night as the real estate market and foreclosure defense landscape evolves.

Almost half of South Florida homeowners are facing negative equity in their homes, and more than 400,000 Florida foreclosure cases are expected by the end of 2010, according to real estate attorney Roy Oppenheim.

More than 40 South Florida homeowners turned out to hear the latest legal techniques and strategies Oppenheim Law is using to defend foreclosures, execute short sales, prevent deficiency judgments and keep people in their homes.

We’ve put together a summary of the main points from March’s Workshop, and look forward to seeing you at the next free event on April 1st at 6 p.m.

  • Social stigma is so yesterday. The fact that so many people are being affected by this real estate crisis completely erased the social stigma associated with foreclosure.
  • Banks are overwhelmed. The depth and breadth of this crisis makes it difficult for banks to successfully foreclose homeowners who are represented by counsel.
  • Do what’s right for you and get help. If it no longer makes economic sense to continue paying your mortgage, your best option is to speak to a qualified attorney.
  • Don’t leave. Whatever you chose to do, stay in your home as long as possible.
  • Banks warming up. Short sales are emerging as one of the best options for homeowners facing foreclosure, and believe it or not, banks are beginning to favor them as well. Some short sales are being approved in less time than in the past. One need only be 30 days behind on your mortgage to begin the short sale process.
  • The bank is happy with instant cash gratification, while you avoid the hassle and stress of foreclosure proceedings.
  • Price is right. When executing a short sale, an experienced real estate agent must price your home correctly, and you must protect yourself from a costly deficiency judgment through legal representation.
  • Know the facts. Deficiency judgments can stay on your record for up to 20 years: Banks may garnish wages and even collect against heirs.
  • Oppenheim Law has negotiated reductions in deficiency judgments by as much as 80-85%.

It is important to remember that buying yourself time in this real estate market can prove to be incredibly valuable. The tide is beginning to turn as new laws are discussed and the economy makes gains.

Again, 97% of folks facing foreclosure are not represented by counsel. Those who are have a much better chance of avoiding a deficiency judgment and saving their home.

We look forward to hearing your comments on March’s workshop and hope to see you all on April 1 for our next event.

Learn About Short Sales and Avoiding Deficiency Judgments: Free Workshop March 3

Wednesday, February 24th, 2010

Short sales are emerging as a formative foreclosure defense strategy, according to Florida real estate attorney and legal blogger Roy Oppenheim.

Join Oppenheim Law at the next Free Legal Real Estate Workshop on Wednesday, March 3, as Oppenheim explains how short sales can prevent Florida deficiency judgments and provides insider tips for buying and selling Florida real estate in this turbulent market.

What: Short Sales, Deficiency Judgment + More: Free Legal Workshop

When: Wednesday, March 3, 2010 – 6:00 to 7:00 PM

Who: Homeowners facing foreclosure, real estate professionals, buyers and sellers

Where: 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

For more information visit the Oppenheim Law News Room to access all of the event’s details. Please feel free to leave a comment if you have any questions or suggestions for the workshop.

Oppenheim Law looks forward to seeing you all on Wednesday, March 3rd.

Two Thumbs up: Florida Foreclosure Title Insurance

Tuesday, February 23rd, 2010

WESTON LOGO BLACKIn the worst of real estate times, opportunity arises even on the courthouse steps.

Buying in the murky foreclosure waters is not quite as dangerous as swimming with the sharks thanks to Foreclosure Title Insurance, says Florida foreclosure defense attorney Roy Oppenheim.

More than 500,000 foreclosure filings entered Florida’s books in 2009, and those properties now saturate the South Florida real estate market. While these economic times are challenging for most, they can be the best time for some South Floridians to capitalize on an unprecedented opportunity who want to purchase foreclosures.

Foreclosure buyers can now add a perk to their deals with Foreclosure Title Insurance. Check out how South Florida real estate investors can protect themselves with Florida Foreclosure Title Insurance.

CitiMortgage Launches Program for Distressed Homeowners

Friday, February 12th, 2010

Roy Oppenheim Tells SFBJ: It’s a Year Late!

South Florida Business Journal

Oppenheim Law has been arguing for creative and practical solutions that benefit banks and homeowners alike for more than two years. Finally, while curiously late into the game, CitiMortgage announces a trial deed-in-lieu mortgage program allowing  homeowners to avoid the painful foreclosure process.

CitiMortgageThe deed-in-lieu program allows Florida homeowners facing foreclosure to remain in their homes for 6 months, in exchange for signing over their deeds to CitiMortgage at the end of the period.

Check out Roy Oppenheim’s opinion on the CitiMortgage announcement by reading the entire article in the Oppenheim Law News Room.

In Case you Missed it! Florida Foreclosure Workshop In Review

Tuesday, February 9th, 2010

By Roy OppenheimPicture 20

Oppenheim Law marked its 16th Monthly legal real estate workshop last Thursday and thanks to you – our readers  – who attended or brought a friend, we continue to evaluate the real estate market.

For those not able to make the event, I have two pieces of good news for you:

  • Oppenheim Law is already preparing for our next free real estate workshop scheduled on Wednesday, March 3.
  • We have a recap of the workshop’s timely highlights

The most important message: things are changing.

  • 70% of foreclosure cases that go to mediation are settled.
  • Walking away from an underwater mortgage is no longer a moral decision. The banks were allowed to walk away from their monumental debt and write it off as a “business decision.” Why can’t homeowners do the same?
  • The crisis in Haiti will likely have an influence on the South Florida real estate landscape. Florida saw similar results after Hurricane Andrew when folks were searching for new places to live. Black Swan events like these are important to consider and watch.

Oppenheim Law stresses the importance of helping homeowners avoid deficiency judgments at all costs. Ignoring the foreclosure notice or moving out is perhaps not the best possible decision you can make.

While 97% of folks facing foreclosure are not represented by counsel, those who are have a much better chance of avoiding a deficiency judgment and saving their home.

We look forward to hearing your comments on our last workshop and invite you to join us on WEDNESDAY, March 3 (A Wednesday for this next month only!)

From the Trenches,

Roy Oppenheim

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

Friday, January 29th, 2010

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

Subject: Will Haiti’s Horror Impact South Florida Real Estate?

Friday, January 29th, 2010

Good Question! Let’s explore the possibilities.

Real Estate Black Swan Arrives: Free Legal Foreclosure Workshop February 4

The attorneys at Oppenheim Law point to the crisis in Haiti as a “black swan event,” an occasion no one could have foreseen with drastic effects on the South Florida real estate landscape.

Join Oppenheim Law at the next free legal real estate workshop on February 4, as Roy Oppenheim explains how the tragedy in Haiti will affect South Florida foreclosure. The workshop will also provide insider tips for buying and selling Florida real estate in this turbulent market and explain how to avoid deficiency judgments at all costs through South Florida short sales and other Florida foreclosure defense strategies.

BlackSwanWhat: The Black Swan is Here: Free Real Estate Workshop

When: Thursday, February 4, 2010 – 6:00 to 7:00 PM

Who: Real estate professionals and homeowners facing foreclosure, buyers, and sellers

Where: 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

For more information visit the Oppenheim Law News Room to access all of the event’s details. Please feel free to leave a comment if you have any questions or suggestions for the workshop.

Oppenheim Law looks forward to seeing you all on February 4th.

Oppenheim Law on South Florida Mortgage Morals and Ethics: To Strategically Walk or Not?

Monday, January 11th, 2010

NYT Magazine Writer Roger Lowenstein hits it on the head when he takes Mortgage Bankers to task, Plus why I believe MBA President John Courson is WRONG and CLUELESS

Roger Lowenstein, an extremely well respected financial journalist took the trade association for mortgage bankers (the MBA) to task in Sunday’s New York Times Magazine for calling homeowners “immoral” who strategically walk away from their mortgage obligations. Lowenstein points out that Wall Street walks away from their obligations all the time and effectively asks how they dare call the kettle black.

New York Times Magazine: Walk Away from Your Mortgage

For more than a year now through the South Florida Law Blog, monthly Florida foreclosure defense workshops and social media outlets like Facebook and Twitter @OPLaw, Oppenheim Law continues to help homeowners and other real estate holders such as investors and second homeowners. A constant and key consideration is determining the sense of continuing to pay a mortgage that is upside down and may remain that way for many years to come.

Oppenheim Law believes foreclosure defense strategies are not a moral issue, but an issue of what is economically rational.  However, John Courson, President of the Mortgage Bankers Association, decided this past week to enter into the discussion when he was quoted in the WSJ as saying: “Homeowners should think about the ‘message” they will send to their families and their kids and their friends.” He was somehow trying to convince all of us that there is still a social stigma to walking away.

JOHN COURSON READ MY WORDS: YOU ARE SO WRONG…. IN FACT YOU DON’T EVEN HAVE A CLUE!

The fact is the evidence has arrived that the social stigma of foreclosure is eroding quickly, and once one embraces the process, there is a sense of freedom or liberation that my clients frequently experience. They no longer feel enslaved to the bank or to the payments and are able to get on with their lives. Of course there is nothing wrong with first fighting the Bank over whether the loan was even valid in the first place.

John Courson

Pictured above is John Courson, president of the MBA. "John Courson, read my words: You are so wrong... In fact you don't even have a clue!" says Florida foreclosure defense attorney Roy Oppenheim.

Ironically, or paradoxically, Courson stepped into the largest of hornets’ nests. Lowenstein points out that Wall Street and the businesses they acquire walk away from debts all the time!  Just ask Morgan Stanley that walked away from commercial mortgages after they purchased certain properties at the wrong time. Or private equity firms that buy businesses and then close them down to pick out the bones. Is that not a form of walking away? As opposed to keeping the folks employed and trying to build a better company? But NO… NO ONE would call John and his lobbyist friends immoral for allowing the banks to get bigger than the government and then have the nerve to flaunt it over and over again with the mantra that the banks are “too big to fail.

John… let me tell you a little secret: The banks are not too big to fail… THEY are TOO BIG!  You know if the banks were still like the one Jimmy Stewart ran in “It’s a Wonderful Life,” folks would still feel an obligation to their banks and bankers. But not when the Banks have an asset base larger than most countries in the world, and when you never get to talk to someone that you personally know.

So John answer me this… what do you tell your children at night?

Do you tell them you lobbied the taxpayer for the largest bailout in the Nation’s history after creating a system that allowed for unfair and deceptive trade practices to rule the day due to lax oversight because of pure politics?

Do you tell them that the Attorney Generals are now after your members for creating an organizational environment from the top down that created a festering hive of immoral and unethical activity such as making loans to folks who one knew would default, yet the loans were bundled and sold to teachers and firemen all over the world as their retirement?

Or the fact that mortgage applications were intentionally doctored by your members staff or brokers who also helped get inflated appraisals?

And John don’t forget to let them know you had a big hand mortgaging their futures and their grandchildren’s future. Tell them NOW that one day they will need to add a zero onto every dollar bill because the dollar will be so devalued we will copy our neighbors in South America. Let them know now, John, who the moral one was! Make sure you send them the right “message.”

I invite your comments, tell us what you think?

Oppenheim Law Looks Back at “The Year of Foreclosure” + Ahead to Florida Foreclosure Defense in 2010

Monday, December 28th, 2009

As I write this, I’m preparing for a two-week trip to South America with my family (packing my bags now). By the time you read this, I hope to be relaxing and enjoying the opportunity to reconnect and recharge.

But first some last words for the year…

It’s hard to believe the South Florida Law Blog is now approaching its one-year anniversary!

When Oppenheim Law unveiled the South Florida Law Blog, not even my own wife, kids, sibling or in-laws would subscribe. When I wrote, it seemed only to be for the invisible search engines that provide little substantive feedback.

But slowly, ever so slowly, YOU started subscribing. Oppenheim Law’s early readers commented frequently, as did our Facebook fans. You all pushed our Florida foreclosure defense team, supported Oppenheim Law and gave me more encouragement than I ever deserved or expected. In fact, it was never me that propelled the blog but the cutting-edge subject matter and helpful content. Now we have thousands of online subscribers and it’s growing every day.

Throughout 2009, Oppenheim Law found ways for families facing Florida foreclosure to stay in their homes, even against the most improbable odds. My recent appointment by the Florida Bar to a committee that addresses Florida foreclosure-related issues is a testament to the collective efforts of Oppenheim Law’s foreclosure defense team. At first, our foreclosure defense attorneys considered ourselves the underdog. But now, with so many other attorneys emulating Oppenheim Law’s tactics, the playing field is becoming a little more balanced.

The banks and our public officials in Washington undeniably let us down. They demonstrated unbelievable hypocrisy in bailing out the largest financial institutions with taxpayer money while expecting families to fashion their own bailout. The U.S. Treasury looked the other way when the very bankers who caused the crisis were paid multi-million dollar bonuses with tax payer funds, while folks underwater and unemployed continued to drown. And through it all, Washington looks on and takes political contributions from the banks. Sometimes, I think Washington is just fiddling as Nero did while Rome burned to the ground.

In the New Year, Oppenheim Law will continue helping the average person craft personal bailouts through my signature column “In the Trenches.” Ellen, my law partner and wife, with a background in psychology, will introduce a new column called “From the Heart.” Her column will address the long-term social ramifications South Florida can expect from the legal and economic fallout of this foreclosure crisis.  Once in awhile, we may even collaborate on a blog.

I’m also proud to announce Oppenheim Law will be continuing its free Florida foreclosure defense and real estate workshops in 2010.  The legal workshops are designed to help South Florida homeowners understand the tools available for crafting personal bailouts.

The first workshop of the New Year will be Thursday January 7th at 6 p.m.

2009 has proven to Oppenheim Law that the “new normal” has arrived and “Dorothy: We are no longer in Kansas. No matter how much you want to go home,” certainly applies to South Florida’s real estate and economic landscape. Together, however, Oppenheim Law will provide you the tools and encouragement to persevere.

On behalf of my whole family, and staff I thank you all again for your support. I look forward to hearing from you often and wish you and your family the very best in the New Year. I am confident 2010 will be better for all of us.