There is something so deeply wrong and disturbing with the current foreclosure crisis.

Simply: While most of us have some opinion as to the foreclosure mess, many don’t seem to care about the incredible amount of fraud that has occurred and continues to take place each day.

Some argue that people who fail to pay their mortgages, regardless of their reasons, are “deadbeats.” But, what about the fact some of the largest and wealthiest banks are missing documents used to remove people from their homes? And, in our “rocket docket” State of Florida, there are retired judges who are merely rubber stamping the foreclosure papers filed by the lenders’ firms without actually reviewing the merits of each case?

In Matt Taibbi’s rather eye opening and disturbing article Courts Helping Banks Screw Over Homeowners appearing in Rolling Stone Magazine November 10 issue, he recounts a day of going to a Jacksonville court and experiencing first hand the outrageous and flagrant rubber stamping of cases without judicial review.

Shouldn’t it matter that many of these cases result in people being forced to leave their homes when the very banks in question can’t even produce the documents needed to prove their case? Isn’t it a bit odd that these wealthy banks are not being subject to the same level of scrutiny?

Or is this politics as usual? After all, many of these banks sold the mortgages of people to “investors” –other banks or trusts. And, many of those trusts do not have the documentation to prove they have the original documents. Wall Street, in fact, was part of this process and made huge sums of money.

And, what about the fact that banks have broken into homes that are in foreclosure? Where is the punishment called breaking and entering?

While each of us has a responsibility to pay our debts, there has to be some accountability by the banks for creating an environment where many people borrowed too much and where they themselves have not responsibly acted. Ironically, our government spent billions to bail out the banks who, for the most part, have acted without impunity in this foreclosure nightmare.

Will the government bail out the homeowner? Or will the massive fraud that is now being exposed, and yet used everyday in court, continue to be ignored?

Picture this. In Florida: Retired judges being pulled out of retirement and paid to sit on foreclosure courts. Purpose: To decrease the amount of Florida’s foreclosure backlog.

Reality? The outcome of many cases is questionable, at best. Seems many of these judges, who may be well intentioned, are actually ruling in favor of the banks despite legitimate issues, such as the financial institution’s ownership of the note and mortgage.

Conflict of Interest? Retired judges are actually being compensated in order to decrease the foreclosure docket. Some argue that since these select judges have a financial interest in decreasing these cases, a homeowner’s constitutional rights may in fact be at jeopardy.

In fact, this past weekend, the New York Times reported injustices done to homeowners facing foreclosure through Florida’s recently created “foreclosure courts.” Simply put, questions are being raised as to whether the retired judges are ignoring problematic or contradictory evidence, especially since some banks have not yet even proven that they own the properties in question.

What next? The Attorney General’s office is investigating foreclosure firms that have submitted questionable ownership documents.

The true question is how did we get to this point? How could foreclosure decisions be rendered by courts where the ownership of the very documents upon which the suits are fashioned are suspect? Where is the consideration of the homeowner’s rights?

Perhaps an appeal of those cases incorrectly decided should be under way. More importantly, perhaps justice should actually be served.

This post is the third for Oppenheim Law’s senior partner, Ellen Pilelsky, as she discusses Florida real estate and foreclosure, sharing her perspective “From the Heart.” Oppenheim Law looks forward to your continued feedback and support for this new column.

It has been seven years since Fred Rogers, the star of Mister Rogers’ Neighborhood, has died. Although the series of his well-known Mister Rogers’ Neighborhood can now only be found online (in fact there was a contest for the best show), we can all learn from Fred Rogers.

In these turbulent times, it is actually refreshing to view one of Mister Rodgers’ episodes. It reminds us how critical our role is not only to our children but also to our community. Mister Rogers embodies the “old time” values when neighbors knew each other, cared for each other and made sure that our children learned how to positively deal with others.

Interestingly, Mister Rogers’ series still gives us a gentle yet firm reminder of how timeless skills such as cooperation, persistence, patience, sharing, and the ability to remain positive helps us in any situation and any time. Generations of children and adults were and are drawn to these old episodes because they embody how simple life really can be. Even when we are dragged into negativity from the economy, war, and rampant unemployment, there existed and can still exist a better way.

In fact, Mister Rogers provides us all with the “good” feeling that we have the ability to act and face our difficulties. His episodes support a young child’s self-confidence by focusing on moving past frustrations and inevitable failures. In fact, his earmark lines, “You’ve made this day a special day just by being you. You are the only person like you in this whole world. And people can like you just because you’re you,” give us hope that we can count on and overcome difficulty

What can we, as adults, take from this?

Even though we may be burdened with debt, face foreclosure, or have encountered some difficulties, we still must and will go on. Somewhere deep inside of us we all, like Mister Rogers, have the ability to cope, become resilient, treat ourselves and our neighbors with respect, and move forward.

From the heart,

Ellen Pilelsky, Esq.

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.

Thanks for your positive feedback on our new column. This post is the second for Oppenheim Law’s senior partner, Ellen Pilelsky, as she discusses Florida real estate and foreclosure, sharing her perspective “From the Heart.”

Some say there is a reason for everything and that we can control our own lives. Both of these thoughts come to mind when I watch Allstate’s recent “Our Stand” ad campaign.

I’ve now watched this short video a few times, and each time I am so moved that I felt compelled to share it with you. The video drives home the point that even through these difficult economic times, we all can and will make it through.

It’s up to us to deal with and rise from the challenges we face today.

There is hope. We all just need to look at our lives and make changes that need to be made. As long as we are able to recognize what is really the most important things in our life, like family and friends, then we can avoid getting bogged down with “all the other stuff.”

The Silver Lining

There has to be a true silver lining to this foreclosure crisis.

I believe that our children will learn from these challenging times to live on what they earn and not beyond their means. They will become our future leaders in just a few short years and they will bring that old fashioned American Ideal to Washington and to the State Capitals. Soon our governments will learn to do with less, but still provide the essential services we need. We all just have to believe.

Although families may have to double up at times, children will actually once again truly know their grandparents. We all will learn how to prepare a home cooked meal with more natural ingredients and eat out less. Families may decide to reacquaint themselves with the great outdoors and go camping instead of trekking to a pricey resort. And we will find true happiness or riches is not just a bank account but how fulfilled our lives are based on friends and the good deeds we have done for others. Gretchen Rubin’s The Happiness Project is a good read and reminder of this.

Paying it Forward

I always taught my family the importance of “paying it forward” and believe now more than ever that lesson can provide much joy and happiness to the person paying it up front.

It is strange how in times like these we all need to understand we really do not need all that much. And if we can use our energy to be positive and move forward, then we will emerge stronger and wiser.

From the Heart,

Ellen Pilelsky

Many of you have been reading Attorney Roy Oppenheim’s “From the Trenches” series over the past year as he details his experiences as Florida foreclosure defense attorney. This post is the first for Oppenheim Law’s senior partner, Ellen Pilelsky, as she discusses Florida real estate and foreclosure, sharing her perspective “From the Heart.”

The Mortgage Bankers Association wants to know what folks in foreclosure should tell their kids.

I usually remain behind the blogging scenes, but this is my first attempt to share my views as a woman, mother and foreclosure defense attorney about how the world has changed and why we need to understand how to cope.

Last month John Courson, President of the Mortgage Bankers Association, said he had no idea what individuals were going to tell their children about why they stopped paying their mortgage. He suggested people who are in foreclosure are somehow immoral.

My response is simple:

1. Never be judgmental towards others, for then you too will be judged: and
2. Never, ever, throw stones when you yourself live in glass house.

The MBA arguably represents the very folks who brought us the current economic crisis. Perhaps worse than that, Mr. Courson has a less than stellar record himself of “doing the right thing,” as was well articulated by some of the subscribers to Oppenheim Law’s South Florida Law Blog.

The reality is we need to help our children understand that:

Wherever you move, or wherever we as a family move, we will always have a home. A house is just made of bricks and lumber, but the things that make it a home are the family and the memories we create together wherever we live.

If your kids are in middle school or older you can explain the economy is experiencing one of its biggest corrections in 80 years, something we all have never experienced in our lifetimes. Maybe some of their grandparents went through the Depression, but in fact, very few Americans truly can remember that experience personally

Thus, we are all going through something that they too will be able to tell their children about and even their grandchildren one day. There are lessons, like everything else, to learn from what has happened.

In the meantime let your children know you love them and that mistakes were made by many people: politicians, regulators, lobbyists, banks, investment banks, mortgage brokers, lawyers… and even us!

We all are not above reproach.

But in the end, the important thing is to learn from these mistakes as we all grow to be better people and create a better country.

From the Heart,

Ellen Pilelsky, Esq.

With the ever-changing real estate market, many South Florida residents are left with questions and concerns or are in need of real estate advice. Thanks to Al Sunshine of Miami’s CBS4, South Florida homeowners can call into this homeowner phone bank next Monday to have their questions addressed.

• Who: Oppenheim Law
• What: CBS 4 Neighbors 4 Neighbors Real Estate Phone Bank
• When: August 10th, from 5:00 to 6:30 PM
• Where: From the comfort of your home
• How: Call (305) 597-4404
• Why: Ask legal real estate questions about mortgage modifications and refinancing

Three times in the running, foreclosure attorney Roy Oppenheim has participated on the panel of real estate advisors and this week the entire panel of advisors will be compiled of the attorneys at Oppenheim Law.

So whether you are wondering about your legal options as a homeowner or want to find out the foreclosure process, Oppenheim Law will be there for guidance.

The number to call is (305) 597-4404 between 5:00 and 6:30 next Monday, August 10th. For more information visit www.cbs4.com.