Posts Tagged ‘attorney’

South Florida falls to third in national foreclosure rankings

Monday, May 13th, 2013

Written By Paul Owers, Sun Sentinel 5:37 a.m. EDT, May 9, 2013 and republished in The South Florida Law Blog with excerpts from Roy Oppenheim.

South Florida third in national foreclosure rankings - Sun Sentinel - Roy Oppenheim

S. Fla falls to third in national foreclosure rankings. Lenders must prove they can foreclose before filing and some say bill restricts due-process rights.

South Florida has relinquished its ranking as the nation’s top spot for foreclosures.

After posting the No. 1 foreclosure rate for two consecutive months, the metro area covering Palm Beach, Broward and Miami-Dade counties fell to third in April, according to RealtyTrac Inc.

One in every 269 homes in the tri-county region was in some stage of foreclosure last month, RealtyTrac said. Akron, Ohio, ranked first, at one in 211 homes, and Ocala was second at one in 225 homes.

The Irvine, Calif.-based listing firm monitors public records for three types of foreclosure filings: new cases, scheduled auctions and bank repossessions.

South Florida had 9,127 total filings in April, up slightly from a year earlier, but new cases declined by 35 percent, said Daren Blomquist, a spokesman for RealtyTrac.

“It appears that lenders have caught up with these delayed foreclosures,” he said. “Banks are pushing through the backlog, so we’re getting closer to seeing a resolution with these distressed homes.”

Foreclosures mounted across the country during the housing bust. But some lenders held back on filings starting in late 2010 over concerns about possible paperwork errors.

While Florida last month had the nation’s second-highest foreclosure rate, after Nevada, filings are down sharply across the Sunshine State since the 2009 peak, Blomquist said.
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Bill to fast track foreclosures has sparked a rare internal Florida Bar fight

Friday, March 29th, 2013

Below is a condensed version of an article written by Paola Iuspa-Abbott in The Daily Business Review. which included Roy Oppenheim .

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A controversial bill that aims to fast track foreclosures has sparked a rare internal fight among members of an influential Florida Bar section.

On one side are Bar members who assist homeowners facing foreclosure. Opposing them are members of the Bar’s Real Property, Probate and Trust Law Section who not only decided to support the foreclosure bill this year but also hired a lobbyist to get the bill passed in Tallahassee.

Members of the Real Property section say the bill offers many new protections to distressed homeowners and buyers of repossessed homes.

HB 87 is moving quickly through the House. But SB 1666 still needs to clear three Senate committees before it would receive a full vote.

“Under this bill, the presumption of innocence would be destroyed,” Oppenheim said.

This is the fourth year in a row a bill seeking to expedite foreclosures is before the Legislature.

In the past, Oppenheim was among Bar members who reviewed any proposed foreclosure legislation.

“Last year, we had people on my subcommittee who agreed with me that we didn’t like a lot of the stuff in the bill, so the Bar never agreed to approve or disapprove anything,” Oppenheim said, citing a measure that passed the House but died in the Senate for lack of action.

He was part of the section’s Mortgage and Encumbers Subcommittee until last year, when it was dismantled without notice, he said. The section was restructured and the Foreclosure Reform Ad Hoc Committee was created to help shape the proposed legislation. Oppenheim claimed he was left off the ad hoc committee because of his history of opposing foreclosure bills at a time when the section was eager to see the bill pass.

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The Real ‘Miami Zombie’ — David Stern!

Tuesday, June 5th, 2012

Rudy EugeneWe’ve all heard by now of the unbelievably grizzly story out of Miami about Rudy Eugene, the man so off his gourd that he ate a man’s face off.

Somewhere along the line this horrific attack became the source of comic fodder. Eugene’s been dubbed “The Miami Zombie,” and yes he even has a Twitter account.

But I might argue that there is another man worthy of that title, and his crimes, while not as physically grotesque, are none the less revolting.

I am talking about David J. Stern. The actions of Stern and his firm are continuing to have an impact on my cases, and over a year after his firm closed, the lasting effects of its shady practices are still reverberating throughout Florida.

A revised class action lawsuit was filed last week against Stern, his former CFO and the law firm he founded by two hedge funds who are accusing Stern of ripping them off.

So not only do we have a story about zombies, but we have cannibals to boot! The people who once trusted Stern have turned on him, and once again we have the banks ‘eating’ their own!

Read the gory details here.

The former head of one of largest foreclosure mills already had a less than sterling reputation, but after reading the latest allegations against Stern and his cohorts at DJSP Enterprises, Inc., I’d (playfully) argue he really is a zombie, because how he ripped off countless homeowners is TRULY disgusting and his actions continue to harm homeowners to this day.
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Landmark Foreclosure Case Goes Before Florida Supreme Court; Has Banks Terrified

Wednesday, May 9th, 2012

The banks are terrified they might actually be held accountable for their actions!

If you haven’t already heard, there is a monumental case that was heard Thursday morning in the Florida Supreme Court, and every single homeowner should be paying close attention to this case.

To watch a replay of the oral arguments, please click here.

The case is Roman Pino vs. Bank of New York. It involves all the customary fraud I have seen in countless cases.

Missing documents, fraudulent assignments, fraudulents notaries, and forged documents, and a bank once again trying to shuffle it’s dirty deeds under the rug like loose dirt.

When Bank of New York first tried to foreclose on Pino, a regular working guy from Greenacres who fell behind on his mortgage when his business dried up, there was no assignment of mortgage.

So Bank Of New York’s lawyers tried to re-file with a new assignment, one which was fraudulently backdated (AKA robosigned).

The bank’s original lawyers, by the way, were from David J. Stern’s office. You know their story.

When our good friend and colleague Tom Ice, Pino’s lawyer, challenged the documents, Bank of New York suddenly decided they didn’t want to foreclosure anymore, dropped their lawsuit and scurried back into their hole.

End of the story??

Not even close. Ice continued to dog Bank of New York like a pitbull, because he, believe it or not, also thinks the banks need to actually be held accountable! (Remarkable I know.)

He tried to have the voluntary dismissal overturned, so that Bank of New York could face sanctions for the forged documents they tried to use to swindle Roman Pino and the court.
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