Foreclosure activity reaches 6-year low

May 10th, 2013

Written By Julie Schmit, USA TODAY 12:01 a.m. EDT May 9, 2013 and republished in The South Florida Law Blog with excerpts from Roy Oppenheim.

Foreclosure activity reached 6-year low - near the beginning of the nation's foreclosure crisis when the housing bubble burst.

Foreclosure activity reached 6-year low – near the beginning of the nation’s foreclosure crisis when the housing bubble burst.

Foreclosure activity in April fell to its lowest level in 74 months, but action is ramping up in some states, says a national foreclosure tracker.

In April, one of every 905 U.S. housing units received a foreclosure filing, market watcher RealtyTrac says. That was the lowest level since February 2007 — near the beginning of the nation’s foreclosure crisis — and down 23% from a year ago.

But foreclosure activity is increasing in some states where legal procedures and new laws to protect homeowners had slowed down foreclosures.

For example, in 26 states where foreclosures mostly go through the courts, scheduled foreclosure auctions in April were up 31% from a year ago to a 30-month high, RealtyTrac says. The auction is where the bank most often reclaims a foreclosed home.

The increase in scheduled auctions indicates that mortgage servicers are “serious about actually foreclosing,” says RealtyTrac Vice President Daren Blomquist.

Two states where courts approve foreclosures are Florida and New Jersey. In Florida, one of the states hardest hit by foreclosures, scheduled foreclosure auctions were up 55% in April vs. a year ago. In New Jersey, they increased 91%.

In both states, foreclosures slowed dramatically several years ago after allegations surfaced that many cases were moving through the courts without proper documentation.
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Florida lawmakers push foreclosure bill through

May 8th, 2013

The original article was written by Paola Iuspa-Abbott, Daily Business Review, May 8, 2013 with quotes from Roy Oppenheim republished in part with minor edits in the South Florida Law Blog.

Foreclosure_Next_ExitA foreclosure bill (House Bill 87) that’s awaiting the governor’s signature passed in the Florida Legislature in the last days of the session. Opponents argued the legislation was all about fast-tracking foreclosures with minimal judicial review. The amendment calls for reducing the number of hearings and the time a homeowner has to fight a foreclosure. A homeowner would have up to 45 days to build a defense before a key hearing to determine if a case should move forward or the lender should take the house back.

“People are going to have to move very quickly,” Weston foreclosure defense attorney Roy Oppenheim said. “It is going to put more burden on people to get lawyers. This is going to help my practice but hurt the homeowner.”

The legislation is retroactive, so it would apply to hundreds of thousands of pending cases. Oppenheim wonders if Scott would accept retroactivity. The governor cited a retroactivity clause as his reason for vetoing a bill that would have dramatically changed the state’s alimony law.

The foreclosure bill authorizes the hiring of retired judges to deal with the case backlog now gripping the state’s trial court system. That worries Oppenheim, who argues the specially appointed judges won’t be accountable to the electorate so nothing could stop them from ruling based on political favoritism.

“They can do whatever they want in the speedy trial,” he said. “It is going to become a mockery of our constitutional system.”
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Senate passes bill speeding up foreclosure process

May 7th, 2013

The original article was written by Adolfo Pesquera, Daily Business Review, May 6, 2013 with quotes from Roy Oppenheim republished in part in the South Florida Law Blog.

Florida Senate passes legislature bill. The Florida Senate sent a mortgage foreclosure bill to the governor Friday with a goal of accelerating foreclosures.

The Senate version was tabled Thursday in favor of Florida House Bill 87, which passed the House by an 87-26 vote April 29.

The legislation, which was pushed by State Rep. Kathleen Passidomo of Naples, was positioned as a way to stabilize South Florida’s housing market. It reduces the Florida statute of limitations for deficiency judgments on a foreclosure action to one year from five years and requires the person filing the foreclosure to give the court information about lost, destroyed or stolen promissory notes as a safeguard against wrongful filings.

Real estate defense attorney Roy D. Oppenheim said the governor may veto the bill because it is retroactive, a condition that led him to veto an alimony bill that passed the Legislature by a super majority.

Oppenheim, managing part of Oppenheim & Pilelsky in Weston, accused the bill’s supporters of passing it through a process of smoke and mirrors.

It skipped the Senate appropriations committee, and “they presented the House bill as the Senate bill, he said.

“Talk about craziness, Oppenheim said. “The process has been so shameful and disrespectful to the order of law and our Constitution.”

Foreclosure defense attorneys generally opposed the bill because it would expedite the foreclosure process by cutting down the time homeowners have to defend themselves and by holding expedited trials.

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Investors Fuel Home Buying Frenzy, Driving Prices Higher

May 1st, 2013

Home Buying InvestorsThe investors are coming. The investors are coming. Well, actually, they’re already here. But, unlike in the movie “The Russians are Coming” the investors are quite organized and helping to fuel the housing recovery.

They have been sucking up inventory like blood-thirsty mosquitoes. Considering that investors and flippers were partly to blame for the housing bubble of the last decade, their latest feeding frenzy should be of some concern.

I say that investors were partly to blame because as we know there was plenty of blame to go around. Heck, Time Magazine found at least 25 people who should have been held responsible for the financial crisis starting with Angelo Mozilo, founder of Countrywide and ending with Bear Stearns’ CEO Jimmy Cayne.

But that is all in the past. Let’s look at what’s happening now.

In March, existing home prices in the U.S. were up 12 percent from the same time last year. That’s great news for sellers who have struggled to keep their heads and mortgages above water during the housing downturn.

But it’s not such great news for individual buyers looking to dip their toes back into the real estate market. In fact, while prices were up in March, sales actually dipped as a result of a lack of available inventory due, in part, to investors snapping up what is for sale and also to the fact that banks aren’t, as earlier feared, opening the floodgates of foreclosures.

According to published reports, private-equity funds, real estate investment trusts and high-net-worth investors have raised more than $10 billion to buy homes. The National Association of Realtors says investors account for about one-third of home purchases. Big names such as the Blackstone Group, which has been buying $100 million worth of single family homes each week since early last year, are driving demand. And, according to a recent report from Corelogic, investors are expected to continue to drive demand through the rest of this year.

Now the question becomes are we headed toward more chaos like the kind created by the folks in the fictitious New England town who freaked out when a rag-tag crew of Russians accidentally lands on their island? Or, have we learned our lesson and will we be able to reel in the insanity before it’s too late?

Real Estate and Foreclosure Defense Attorney Roy Oppenheim alks about Investors Fuel Home Buying Frenzy, Driving Prices HigherReal estate attorney and foreclosure defense attorney, Roy Oppenheim left Wall Street for Main Street, founding Oppenheim Law along with his wife Ellen in 1989 in Fort Lauderdale, Florida, and is vice president of Weston Title and creator of the South Florida Law Blog, named the best business and technology blog by the South Florida Sun-Sentinel. Follow Roy on Twitter at @OpLaw or like Oppenheim Law on Facebook.


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