Foreclosure Review: Just Another Government Program You Can’t Count On

June 26th, 2012
Fairy Tales

Don’t expect the government to come in and ‘save’ your house from foreclosure!

I’m not one for fairy tales, for shining white knights, and magical rescues.

I’m not cynical, but I am a realist. When it comes to fixing the housing market, and righting the wrongs of the fraud-closure crisis, there is no magic wand.

If you’re waiting for the government ‘cavalry’ to ride in and make everything alright, I’m sad to say you’ll be waiting a long time.

Time and time again homeowners have looked to government programs for justice, but with a decidedly mixed bag of results.

Maybe that is why I was not all that surprised at some of the glaring omissions that I found with the Independent Foreclosure Review program.

It has not received the same amount of press as the servicing settlement that the attorneys general agreed to, but this Independent Foreclosure Review is also supposed to rectify the ‘errors’ committed by servicers, if you were in foreclosure between 2009 and 2010.

Any homeowner is eligible to apply for the review process, which bank regulators have promised will be free from the banks’ grips, despite the fact that the banks are PAYING the consultants who are performing the reviews.

That’s Strike One.

And of course the regulators, not the banks, are still referring to fraud as an ‘error.” Yet another undersell of the banks’ illegal activities. Strike Two.

Oh and there is no appeal process if the consultants rule against you. Strike Three.

Last week the Officer of the Comptroller of the Currency and the Federal Reserve, the two agencies behind this program, announced an extension for homeowners who want to file for one of these so-called independent reviews, and for the first time laid out the specifics of the ‘errors’ done by the banks and penalties and what type of ‘errors’ these penalties would cover.
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To Tell the Truth — Will the Real Lender Please Stand Up?

June 22nd, 2012

Game ShowTo Tell the Truth was one of my favorite TV game shows when I was a kid.

If you are not familiar with it, during each episode a panel of celebrities would try to correctly identify a contestant with a special talent. The contestant was mixed in with two impostors who pretended to be the contestant.

Now the contestant was sworn to tell the truth, but the two imposters were allowed to lie, in order to confuse the celebrity judges. At the end, after the celebrities all voted , the host would ask, “Will the real [person’s name] please stand up?”

It seems everytime I walk into court, I end up playing “To Tell The Truth”, with the banks playing the role of the contestant. Except in this version (perhaps I should call it To Tell The Truth, Foreclosure Edition) when it comes time for the real lender to ‘please stand up’, no one does!

It is as if all the ‘contestants’ are imposters. An example of this twisted game show is now playing itself out in a Palm Beach County courtroom.

In 2009, HSBC Bank brought a foreclosure action against Abby Lopez. But Bank of America has also claimed to be the lender in this case. Bank of America was the company that included email exchanges between bank representatives about who was the lender of the loan and how to proceed with the foreclosure case.

And yet, Bank of America is not named as a plaintiff in Lopez’s case, only HSBC is.

When Bank of America realized that it should be the plaintiff, it tried to request the foreclosure be changed to show the correct plaintiff. Yet they ultimately decided that the best route would be for HSBC to proceed with the foreclosure and just quit-claim the property to them after the foreclosure was complete.
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South Florida Law Blog…En Espanol

June 22nd, 2012

SpanishSeeing as how Oppenheim Law is based in South Florida, we obviously have many spanish-speaking clients, and more than a few spanish-speaking employees.

In fact it was one of those employees, Natalia, who brought it to my attention that we are doing them a disservice by not directly speaking to them here. We already offer translation services for our clients, and it’s only fair we do the same for our readers.

So from here on out we will be translating selected blogs into Spanish. To the right of this post you will now see, under the heading “En Espanol”, a link to Blog Legal Del Sur De La Florida (literal translation: Legal Blog of South Florida).

In this newly-created section we will post translated versions of blogs that I have already published in English. Natalia has been kind enough to translate my last two blogs “An Open Letter to President Obama” and “Shaun Donovan, Refinancing and the 900 lb. Gorilla” into Espanol.

I do speak a few languages beyond English, but I couldn’t do this without my spanish-speaking staff’s help, so please tell them “Gracias” the next time you step in the office.

If you’re interested in receiving our Spanish blogs by email, we have created a Spanish-only newsletter, which you can subscribe to by clicking here.

As always, we are “En Las Trincheras” (In The Trenches), fighting for our clients.

Sincerely,

Roy Oppenheim

Foreclosure Defense Attorney Roy Oppenheim

Shaun Donovan, Refinancing, and the 900 lb. Gorilla

June 19th, 2012

Secretary for Housing and Urban DevelopmentAfter I wrote my little letter to the President, I wondered what kind of response I would get and perhaps more importantly, whether my message would reach its intended audience….if any.

Well the response to the blog, from my clients and from my blog readers, was instantaneous. Clearly I’m not alone in my thinking.

I may not have received an audience with the President, but I did get to speak with one of his key housing advisers.

Thanks to a last-minute invite from my friend, Congresswoman Debbie Wasserman-Schultz, I was invited to participate in a roundtable led by Shaun Donovan, the Secretary for the Department of Housing and Urban Development.

Most of the people who were there are very involved with HUD, which I am not. I’m pretty sure I was the only private sector person there and I was definitely the only attorney.

There was a universal sentiment among the panel, that they were having trouble getting business done because the banks are not cooperating with them.

I heard time and time again that the banks were not being competitive with one another and further, they are not being compliant. Sounds familiar doesn’t it?

During the meeting, I was able to directly address Secretary Donovan. Up until that point he had talked a great deal about refinancing, about the need to push Congress to pass several bills that he and the President feel will help the housing market. But he hadn’t addressed the 900 lb. gorilla in the room… the banks.

I spent several minutes telling the Housing Secretary the opinions that I have shared here countless times. And when it was all said and done, to his credit, he did not disagree with me.
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