Posts Tagged ‘Florida Foreclosure Defense’

Tides Turning? Short Sales + Deficiency Judgment Workshop In Review

Friday, March 5th, 2010

house short saleOppenheim Law hosted its largest Free Florida Foreclosure Defense Workshop Wednesday night as the real estate market and foreclosure defense landscape evolves.

Almost half of South Florida homeowners are facing negative equity in their homes, and more than 400,000 Florida foreclosure cases are expected by the end of 2010, according to real estate attorney Roy Oppenheim.

More than 40 South Florida homeowners turned out to hear the latest legal techniques and strategies Oppenheim Law is using to defend foreclosures, execute short sales, prevent deficiency judgments and keep people in their homes.

We’ve put together a summary of the main points from March’s Workshop, and look forward to seeing you at the next free event on April 1st at 6 p.m.

  • Social stigma is so yesterday. The fact that so many people are being affected by this real estate crisis completely erased the social stigma associated with foreclosure.
  • Banks are overwhelmed. The depth and breadth of this crisis makes it difficult for banks to successfully foreclose homeowners who are represented by counsel.
  • Do what’s right for you and get help. If it no longer makes economic sense to continue paying your mortgage, your best option is to speak to a qualified attorney.
  • Don’t leave. Whatever you chose to do, stay in your home as long as possible.
  • Banks warming up. Short sales are emerging as one of the best options for homeowners facing foreclosure, and believe it or not, banks are beginning to favor them as well. Some short sales are being approved in less time than in the past. One need only be 30 days behind on your mortgage to begin the short sale process.
  • The bank is happy with instant cash gratification, while you avoid the hassle and stress of foreclosure proceedings.
  • Price is right. When executing a short sale, an experienced real estate agent must price your home correctly, and you must protect yourself from a costly deficiency judgment through legal representation.
  • Know the facts. Deficiency judgments can stay on your record for up to 20 years: Banks may garnish wages and even collect against heirs.
  • Oppenheim Law has negotiated reductions in deficiency judgments by as much as 80-85%.

It is important to remember that buying yourself time in this real estate market can prove to be incredibly valuable. The tide is beginning to turn as new laws are discussed and the economy makes gains.

Again, 97% of folks facing foreclosure are not represented by counsel. Those who are have a much better chance of avoiding a deficiency judgment and saving their home.

We look forward to hearing your comments on March’s workshop and hope to see you all on April 1 for our next event.

Two Thumbs up: Florida Foreclosure Title Insurance

Tuesday, February 23rd, 2010

WESTON LOGO BLACKIn the worst of real estate times, opportunity arises even on the courthouse steps.

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.

South Florida Law Blog Nominated for Best of Blogs Awards by Sun-Sentinel

Saturday, February 20th, 2010

Sun-Sentinel Best of Blogs Awards

Rock the vote! Voting is underway for The Sun-Sentinel’s Best of Blogs Awards and Oppenheim Law’s South Florida Law Blog received a nomination in the Business Blog Category.

The South Florida Law Blog is committed to bringing timely news and advice to our readers as we work together to survive this treacherous real estate market.

You can vote once a day for your favorite blog (Hopefully ours!) after registering for a free Sun-Sentinel account here. Voting ends March 1st.

We appreciate your continued support, feedback and comments and look forward to bringing you the latest and greatest in Florida foreclosure defense and real estate trends.

What to Tell Our Kids About Foreclosure: From the Heart

Saturday, February 6th, 2010

By 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.”

From the HeartThe 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.

Why Oppenheim Law Prefers Short Sales Over Florida Foreclosure

Tuesday, January 26th, 2010

Some Florida attorneys and other experts sometimes seem to suggest there is no difference between having a Florida foreclosure or Florida short sale on your record or credit report and pose the question:

“Why go through the hassle of a short sale?”

The thought process might be technically correct, but only in a state described as a “non-recourse state.” Florida is not one of those states and is in fact a RECOURSE state. This means the banks can and will likely come after you for the difference between the principal value of your Florida mortgage and the value of your home at the time of the Florida foreclosure sale.

In non-recourse states, like California, people can walk or stay, and either way the banks cannot come after you. In Florida, New York and other recourse states the banks can come after you for as long as 20 years. The banks have the right to try and garnish your wages and bank accounts and even depose you under oath. In fact they can and will likely come after you even if you are long dead. You can read my Op-Ed piece in the Sun-Sentinel for a more detailed description of the difference between recourse and non-recourse states.

However, if you get out by orchestrating a South Florida short sale, you’ll likely be released from the amount the bank does not recover at closing. In fact the reason it is called a “Short Sale” is because the bank is coming up short at closing.  Now the Bank has a few options. They can take the hit as they do frequently, and as they may well be required to do according to new rules coming out of the Obama Administration, or they can negotiate some payment plan with you. Sometimes the terms are good, and other times they are truly oppressive. However, remember whatever you negotiate is not written in stone or blood and is unsecured.

Thus, the Bank will likely sell the Note (here we go again) to a hedge fund, or collection agency for pennies on the dollar. So you once again will have an opportunity to renegotiate the terms. And even if you don’t make any payments at all, are the banks really going to spend thousands of dollars to find you, serve you and hire attorneys to sue? Maybe… but my bet is they will first go after the low hanging fruit: the poor folks who never read the Oppenheim Law blogs and now have deficiency judgments entered against them.

So, to recap, The Oppenheim Law bottom line:

Explore a short sale first before throwing in the Florida foreclosure towel.

Free Legal Workshop December 3: Fashioning Your Own Bailout

Wednesday, November 11th, 2009

Florida Foreclosure Defense Workshop Helps Bailout Homeowners
Roy Oppenheim is a real estate and Florida foreclosure defense attorney who says homeowners who know their legal rights have the power to fashion their own foreclosure bailouts. Free Workshop Thursday, December 3 from 6-7 p.m.

Fort Lauderdale, FL – November 11, 2009 – With South Florida on pace for nearly 100,000 foreclosure filings this year, it’s time homeowners start fashioning their own foreclosure bailouts, according to Florida foreclosure defense attorney and legal blogger Roy Oppenheim. The first step to protecting yourself and your home is understanding your legal rights.

Oppenheim Law’s monthly workshops are designed to assist both homeowners and real estate professionals.  During December’s workshop, Roy Oppenheim will not only show homeowners how to fashion their own Florida foreclosure defense bailouts, but will also emphasize the decreasing social stigma attached to the foreclosure process, and provide insight and valuable tips on buying and selling South Florida real estate.

“You have to have your own lifeboat, and you have to do what’s best for your family,” Oppenheim said on the Randi Rhodes Show. “You can’t wait for the Ark to come and pick you up. You’re going to have to build your own Ark and fashion your own bailout.”

What: Fashion Your Own Bailout: Free Real Estate Workshop
When: Thursday, December 3, 2009 – 6:00 to 7:00 PM
Who: Real estate professionals and homeowners facing foreclosure, buyers, and sellers
Where: 2500 Weston Rd Ste 404, Weston, FL 33331
Cost: Free with advanced registration
RSVP: To register email roy@oplaw.net or call 954.384.6114

December’s Foreclosure Bailout Workshop will highlight the following foreclosure defense strategies and real estate tips:

•    Learn the process of foreclosure and how to fashion your own bailout
•   Learn tips on applying for a mortgage modification and the best time to apply during foreclosure
•    Insider information about counterclaims against the banks and deficiency judgments
•    How to locate and purchase foreclosed properties substantially below market value
•    Tips on finding, buying and selling short sales
•    Insight on current Florida home prices and the right times to buy and sell
•    Oppenheim will also discuss: deed in lieu, second mortgages, and Chapter 13 bankruptcy

Address: 2500 Weston Rd, Ste 404 in Weston, FL 33331.
Phone: 954.384.6114

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