Archive for the ‘Roy Oppenheim’ Category

Video Interview: Roy Oppenheim on Florida Real Estate Double Dip

Monday, August 1st, 2011

South Florida Law Blog’s Roy Oppenheim says we’re not out of the woods yet! A second wave of Florida foreclosures will hit in the third quarter of this year, Florida Double Dip? Foreclosures, Zombie Foreclosures, Fraud-closures from Oppenheim Law on Vimeo.

Oppenheim Law Predictions:

  1. Government programs such as unemployment benefits as well as the reduction in payroll tax benefits are coming to an end.
  2. Florida banks have supposedly gotten their “fraud-closure” crisis and issues of robo-signing under control and are going to submit many new foreclosures.
  3. If that wasn’t enough, foreclosures that were initially dismissed by the courts due to incomplete and inaccurate paperwork are now being “revived” and will also contribute to the tidal wave of foreclosures.
  4. Sustaining housing prices will be difficult with the ending of government programs, new foreclosures hitting, and “Zombie” foreclosures coming in because there simply isn’t enough economic support.

Unless there is a surge in Florida employment, Oppenheim predicts we are heading towards another drop in Florida real estate values until early 2012.

Special note:  Just don’t shoot the messenger!

Hooray for Sheila Bair, a Regulator Who Stood Up for the Little Guy

Tuesday, July 12th, 2011

Three cheers for Sheila Bair, the former head of the FDIC and a true advocate for the little guy, who resigned this week on July 8th. She fought for what is right for the homeowner, the depositor and the taxpayer.

Shelia was probably the only person in the Obama administration who really “got it.”

As a financial regulator, she understood the crisis as we do at Oppenheim Law, on the ground and in the trenches.

Truly the champion of the little guy, Sheila really understood that there were two sets of rules in this country:one set for big banks and another set for everyone else.

Her opinion was always dismissed and considered inferior to that of the Treasury and the Federal Reserve. She knew that the Obama Administration, while maybe understanding the plight of the little guy, always capitulated to the interests of big business, Wall Street and the banks.

Sheila understood that from Day One her responsibility was to protect the consumer, the depositor, the homeowner, and most importantly, the taxpayer.  In a major piece written in the New York Times magazine this past weekend, she questioned why investment banks that were “counterparties” to AIG, like Goldman Sachs, received 100 cents on the dollar from the AIG bailout. Goldman, in fact, received over $12 billion from the bailout. As is well known, many people in the administration were in fact in some way connected to Goldman.

Before the crisis had truly descended upon our nation in 2007, Sheila understood that if banks were required to modify mortgages there was a possibility that the foreclosure crisis which led to the meltdown of the real estate market and subsequent destruction of the economy could possibly be contained.

No one listened to Sheila!

Shelia constantly tried to convince both the Bush and Obama Administrations that something needed to be done, however, her warnings were not heeded until it was too late.

Had the government listened to Shelia on early mortgage modification, it is possible “that the government could have prevented lots of pain and might have helped stabilize the economy a lot sooner,” according to the NYT.

However, Shelia states that maybe one of the reasons that mortgage modifications never really took off was that “maybe people thought that [she] was overstating the problem.” She added that in many cases regulators didn’t believe that borrowers were worth helping.  The sense was that borrowers had probably overstated their income and assets and thus deserved to be thrown out of their homes.

Shelia also felt that the Treasury and the Federal Reserve did not lay the blame with overzealousness and greed on Wall Street but rather with a “system come undone.” We of course know that it was precisely greed on Wall Street that caused the crisis.

Needless to say, we here at Oppenheim Law will miss Sheila Bair and we hope, whatever she does, that she will not give up the good fight for what is right for the homeowner, the depositor and the taxpayer.

Three cheers for Sheila Bair!

From The Trenches,

Roy Oppenheim

Meet the Wall Street Enablers: Credit Rating Companies

Tuesday, June 21st, 2011

Word on the street is credit rating companies are committing mortgage fraud, and ‘the street’ is none other than Wall Street.

With a foreclosure fraud financial crisis this intense and prolific, there’s certainly enough blame to go around for everyone, but we have one more culprit to add to the list!  News broke this week that the SEC is investigating and considering civil fraud charges against credit rating companies for their role as “key enablers” of our country’s financial meltdown.

Critics of the leading credit rating companies like Standard and Poor’s argue that these firms fueled the $1 trillion Wall Street mortgage-securities machine before the boom ended.

Regulators, however, should not be free from blame: there is clear evidence of incompetence and deliberate neglect by the SEC in keeping credit rating companies in line.  The fact is that credit rating companies and the SEC itself have served as co-conspirators with Wall Street banks to bury us in this seemingly insurmountable hole.

According to the Wall Street Journal, SEC officials are finally investigating whether the ratings companies committed fraud by failing to do enough research to be able to adequately rate the pools of subprime mortgages and other loans that underpinned mortgage-backed securities.

Allegations continue to swirl that the credit rating companies relied on incomplete or out-of-date information about the pools of loans in the mortgage-backed securities or ignored obvious problems among subprime loans to give unduly high ratings to slices of deals, known as collateralized debt obligations (CDOs), that were then sold to investors.

The ratings firms assigned coveted triple-A ratings to many of these CDO slices in the run-up to our real estate and national financial crisis, before doing mass downgrades when the housing market collapsed and the subprime mortgages soured, according to the Wall Street Journal.

Whether charges against the credit rating companies are ever actually filed or not, the blame game is in full swing and doesn’t appear to be stopping any time soon.

From The Trenches

Roy Oppenheim

From ‘Hope’ to ‘Housing’ – Oppenheim Law Looks Ahead to the 2012 Presidential Election

Tuesday, June 14th, 2011

‘Hope’ stands as a fleeting memory for most Americans as unemployment stagnates, housing prices fall and economic growth looms as a lofty promise unfulfilled. And as we get closer to the 2012 Presidential Election, it’s becoming clear that the ideological political landscape that dominated the 2008 election cycle will be eclipsed by a menacing elephant in the room: the economy.

The President is well aware of the uphill battle he faces when it comes to convincing voters and campaign financers that his economic policies and regulations have not only been what we needed the past three years, but also what we need in the next four. According to The New York Times, President Obama has already started reaching out to the skeptical financial industry on Wall Street, hoping to win back one of his most vital sources of campaign cash.

While many on Wall Street view the President’s financial rhetoric as unfair to their industry, his apparent goal is to prove that his fiscal policies have helped to bring the banks and financial markets back to health and toward sustained growth.

The argument goes that the economy would have been dramatically worse at this stage had the Obama administration not taken the action it did in the wake of the real estate and financial crisis.

But how do you prove a negative? You can’t.

Historically, recessions have been ended by a wave of homeowner refinancing that predictably follows a lowering of interest rates. The President faces a number of obstacles to accomplishing a refinancing boom, however.

First, the number of homeowners who are underwater continues to rise.

Second, the banks have no motivation to lower interest rates of homeowners who are stuck in their homes.

Our current refinancing and banking system is stacked against the premise (and promise) that refinancing would push cash back into the economy, spur a consumer stimulus, and in turn promote spending, job creation and financial growth.

Too many people with good credit and jobs are stuck with high interest rate loans. The President would be wise to focus on developing a system for refinancing homeowners to stimulate an organic bailout of our financial crisis.

The fact that the President has more work to do to bring the country out of its funk and needs a different path to economic growth is backed up by a recent Time Magazine article debunking the myths of the new American economy.

Myth #1: This is a temporary blip, and then it’s full steam ahead.
The vast majority of economists do not believe we are on the way to a double-dip recession, but avoiding a double-dip is not the same as stimulating economic growth strong enough to revive the job market. The fact is that estimates point toward a five year recovery time before we return to a healthy unemployment rate of 5%.

Refinancing borrowers with strong credit and jobs could help speed up the process.

Myth #2: We can buy our way out of this.
Widespread government stimulus for loan modifications isn’t effective if homeowners don’t have jobs that allow them to make payments at all. There has been a decline in foreclosures, but the supply of foreclosed homes continues to undermine the national real estate market and dampen consumer spending.

The previous federal stimulus attempts have focused too much on homeowners who were already in trouble with their mortgages. While these homeowners certainly need help, shifting the focus to encourage refinancing of borrowers not underwater on their mortgages would allow this group to put its savings back into the economy. As the saying goes, “A rising tide lifts all boats.”

Myth #3: The private sector will make it all better.
Companies are making plenty of money. The problem is that they aren’t spending it to hire American workers. According to Time, American companies generated $1.68 trillion in profit in the last quarter of 2010 alone. Clearly, it’s a myth that American companies are waiting for economic and regulatory “certainty” before investing at home.

Myth #4: We’ll pack up and move for new jobs.
Most people couldn’t afford to move if they wanted to because they are underwater on their mortgages. While there are currently 3 million job openings, an additional problem is that the current labor pool’s skill set doesn’t match up with available jobs.

Myth #5: Entrepreneurs are the foundation of the economy.
New business creation has been shrinking since the 1980s. Is it coincidence that this started just when the financial sector began to explode? Lenders still aren’t lending, and the old methods of self-funding new business ventures through home equity loans or maxing out credit cards are no longer viable.

‘Hope’ was the foundation of President Obama’s victory in 2008.

The reality is Americans are still hoping for change.

The question is whether the President, or anyone for that matter, will be able to deliver.

Right now, it looks like if you want a bailout you better have your own plan in mind.

From The Trenches,

Roy Oppenheim


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