Posts Tagged ‘Florida foreclosure law’

Florida Fair Foreclosure Act? Fair to Whom?

Friday, February 24th, 2012
Gavel on House

Photo by The-Lane-Team

Banks need to get their massive foreclosure backlog off the books. There are over 368,000 cases in Florida. I get that.

Getting these properties into the hands of families who can afford them, that is what I want to see. It’s needed to jump start the economy, and no one wants to see the banks out of the neighborhoods more than me.

But it can’t be allowed to happen on the backs of other homeowners plain and simple. Lenders have tried to thrust these homes back onto the market before, and that’s why they just shelled out $25 billion.

The banks were penalized for being unethical, untrustworthy and fraudsters, and it doesn’t look like they have learned their lesson.

Yet a series of proposed bills now making their way through the Florida House and Senate offer banks unjust control over the foreclosure process, all in the name of getting abandoned homes back on the market.

The Senate version, which would create the “Florida Fair Foreclosure Act”, was passed by a judiciary committee earlier this week by a 5-2 vote. There is a similar bill making their way through the House.

But are they really ‘fair’ to homeowners? Absolutely not.

These bills are being pushed by banking industry shills. They make it easier for lenders to foreclose, and allows them to do so faster.

Have the politicians in Tallahassee learned nothing from the settlement? The $25 billion isn’t even in the mail, yet some are back to their old tricks, turning a blind eye to the plights of their constituents and denying them due process.
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Power Play in Foreclosure Arena: New York Attorney General Sides with Consumers

Wednesday, August 31st, 2011

It’s called doing the right thing for consumers!

New York Attorney General Eric Schneiderman stands alone on the side of the consumer, seemingly everyone else against him.

The banks are trying to wipe out all of the potential claims against them, and they are being helped by the Obama administration, the Federal Reserve, and most of the State Attorney Generals. Only one man, New York Attorney General Eric Schneiderman, seems to find anything wrong with the idea that the banks should pay only $20 billion to wipe out all liability from their widespread fraud, perjury, and tanking of the world economy.

Now the Obama administration is in a full court press trying to get Mr. Schneiderman to drop his objections. Housing and Urban Development Secretary Shaun Donovan has reportedly been calling the AG’s office to try to get Mr. Schneiderman on board with the patented “Get out of jail for a pittance” plan.

Thankfully, Mr. Schneiderman seems to have other, more radical, ideas like actually doing his job. He has opened numerous inquiries with real, live experts to look into the well documented systemic disregard for the law and ethics.

Mr. Schneiderman also sued to stop Bank of America from rushing through their $8.5 billion settlement with investors in Countrywide’s mortgage backed securities (MBS). While the big boys like the New York Fed and Bank of New York Mellon secretly negotiated the settlement, they are refusing to let other plaintiffs, like teachers’ pension funds and retirees in Europe, see if the deal is fair.

Apparently, such action was too much; the AG simply crossed the line by protecting teachers and retirees.
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Why Foreclosure Judges Should Go To More High School Homecoming Football Games

Saturday, October 2nd, 2010

Roy Oppenheim with daughter Wendi Oppenheim

Last night was a truly special night. It may have been the highlight for me as a Dad! I was my daughter’s escort as she was a finalist for High School Homecoming Queen.

The game was close for most of the night and down by a touchdown. It was late in the fourth quarter. And then the big play came in; the quarterback threw from about the 35-yard line to the team’s star receiver in the end zone.

But wait. There were a series of flags and the refs called offensive pass interference and two personal penalties. The receiver had pushed himself off the defensemen propelling him into a position to catch the ball.

The Verdict: Touchdown does not count and the ball was placed back 30 yards further down field. The refs did their job and the fans accepted their fate.

Banks cheated, did not play by the rules

That’s when it all clicked for me. The banks cheated when they filed their foreclosures. They did not play by the rules. And the refs did not have the backbone to protect the integrity of the game.

If you check the “game” rulebook that is the most important function of a judge: To protect the integrity of the judicial system. Not to show favoritism, to remain impartial, and to be fair.

What the GMAC, JP Morgan Chase, and Bank of America Foreclosure Fraud crisis is demonstrating to the world is that when the judiciary does not apply the rules fairly they can jeopardize the integrity of the game.
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Goldilocks and the Three Bears: Here We Go Again “The New Normal: Foreclosures Not Abating Until 2013

Friday, October 23rd, 2009

After reviewing the recent numbers for 2009 published by RealtyTrac, nothing is “just right” and won’t be for some time. With foreclosures on the rise in 2009, the new “three bears” to hit the market have nearly doubled the number of foreclosures this year, and the trend will not be ending anytime soon.

The highest growth in the foreclosure market has been a result of three types of foreclosures; (1) delayed sub-prime foreclosures from 2008; (2) higher default rates on Option ARM loans, and (3) a significant rise in unemployment related foreclosures. With numbers indicating that 1 out of every 6-10 unemployed will face foreclosure, Goldilocks better find somewhere else to take a nap because there won’t be many family-owned homes left when the dust settles.

The “new normal” appears to be a staggering number of foreclosures, and is not expected to return to pre-recession figures until 2013. Foreclosures are expected to rise the rest of the year, and peak throughout 2010 and 2011. In Florida, we can expect to have about 40-50% of the foreclosures in the country, and half of these will be in South Florida. At this rate, Goldilocks will be old enough to buy her own house by the time the market rebounds.

Roy Oppenheim’s Free Legal Real Estate Workshop Helps Homeowners: Know Your Rights, Save Your Home

Wednesday, October 21st, 2009

Fort Lauderdale, FL – October 20 2009

Foreclosures happen to all ages. Reporting the latest Florida foreclosure news, stats, tips and legal insight is Attorney Roy Oppenheim and his staff.

Foreclosures happen to all ages. Reporting the latest Florida foreclosure news, stats, tips and legal insight is Attorney Roy Oppenheim with his clients.

Protecting yourself and your home in this turbulent economy and Florida real estate market is easier said than done. Roy Oppenheim, Oppenheim Law’s legal blogger and foreclosure defense attorney, believes understanding your legal rights greatly increases your chances of survival and recovery.

Oppenheim’s monthly legal workshops are designed to assist both homeowners and real estate professionals. The November workshop will not only focus on defending Florida foreclosures, but will also include a state of the economy update and valuable tips on buying and selling South Florida real estate.

What: Florida Housing Help: Free Real Estate Workshop
When: Thursday, November 5, 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

Oppenheim Law’s November workshop will highlight the following foreclosure defense strategies and real estate tips:

• Learn the process of foreclosure and how to defend your home
• Learn tips on applying for a mortgage modification and the best time to apply during foreclosure
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Florida Foreclosure Attorney Gets Social

Thursday, February 5th, 2009

Looking for ways to connect with expert legal advice including Florida foreclosure defense through social networks like Facebook, Twitter, and YouTube?

Now you can connect, subscribe, tweet, and interact with me on topics including foreclosure law and whatever the latest headline legal news might be. I am sometimes called a news junkie and read various legal and daily publications including the Wall Street Journal and The New York Times.

Check out the latest news with the launch of my social media channels.

Law Blog Launches with Florida Foreclosure Focus

Monday, January 12th, 2009

Welcome to the first post of the Oppenheim Law Blog, focused on South Florida foreclosures.

We started this blog to keep you up to date on newsworthy legal topics, such as Florida foreclosure law, internet ventures, and personal injury law. Our Florida law professionals will give advice on how these topics affect you and how you should respond. The general public, the news media, and the legal industry will find this blog a valuable resource to keep a finger on the pulse of legal issues in South Florida. We hope you will engage with us, leave comments, and ask questions as you stay informed about legal matters that matter to you.

Pondering Shays’ Rebellion and Florida Foreclosure Laws

You may be reading stories about our Fort Lauderdale law office’s commitment to foreclosure defense. I wanted to take a moment to explain why we’re so dedicated to defending homeowners struggling through the judicial system.

Do you remember Shays’ Rebellion? Some call it the “last battle of the American Revolution.”

Revolutionary War Captain Daniel Shays helped organize an insurrection against the Massachusetts government in 1787. Unfair laws, high property taxes, poll taxes and unjust court procedures made life worse than before America’s independence from the United Kingdom. While government officials had excessive salaries, those in debt were jailed.

Long story short, the rebellion in the face of this financial and economic crisis led the government to reevaluate the Articles of Confederation and was the impetus to the Constitutional Convention. The result was a new and stronger government under the United States Constitution.
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