Posts Tagged ‘florida foreclosure’

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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Is Congress Suggesting Fannie Mae is Endorsing Foreclosure Fraud? Roy Oppenheim Asks

Saturday, September 25th, 2010

Roy Oppenheim shares a letter to Fannie Mae from Members of Congress. Stay tuned as Oppenheim gives his views on what this means to the Florida real estate market.

GMAC’s Announcement to Stop Foreclosures in 23 States, Attorney Roy Oppenheim Responds

Tuesday, September 21st, 2010

The Florida Foreclosure “Rocket Docket”: A Violation of Our Constitutional Rights?

Tuesday, September 7th, 2010


From the Heart by Ellen Pilelsky

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.

Happy Labor Day! Oppenheim Law Replays September Workshop

Friday, September 3rd, 2010

Did you miss Wednesday night’s Strategic Default Workshop from Oppenheim Law?

Hundreds of homeowners tuned in as Roy Oppenheim shared the new rules homeowners need to learn in this deflationary economy.

Oppenheim Law will replay September’s Strategic Default Workshop until Thursday, September 9, so this holiday weekend is a perfect opportunity to catch up on the latest in foreclosure defense, strategic default and South Florida real estate trends.


Oppenheim Law wishes you and your family a happy, safe Labor Day!

Foreclosure Deficiency Judgments on the Rise in Florida, Roy Oppenheim Speaks to Naples Daily News

Friday, September 3rd, 2010

Real estate reporter Laura Layden had some questions on deficiency judgments. Ms. Layden contacted Oppenheim Law to obtain the answers for her business story. Roy Oppenheim shared views on the state of the real estate market.

Here are a few excerpts from the story-

“Oppenheim, a leading foreclosure defense attorney in Florida, represents many homeowners in the state who are facing deficiency judgments. There has been legislation proposed to try to limit them in Florida, but it has gone nowhere, he said.”

“Some states don’t allow the judgments.”

“Most often, banks pursue deficiency judgments when they are the buyers at the auction,” Oppenheim said. He estimates that lenders are getting the judgments on less than five percent of foreclosed properties in Florida today. “But it’s creeping up,” he said.

“The best way to avoid such judgments is to fight a foreclosure every step of the way, and not to just allow a bank to take your property,” Oppenheim said.

For the full article see http://www.naplesnews.com/news/2010/sep/01/foreclosure-deficiency-judgments-rise-lee-county/

Sun-Sentinel: Foreclosures Jump 77 % in Palm Beach County, Oppenheim Says Expensive Mortgages Going into Default More Frequently

Monday, August 16th, 2010

The Sun Sentinel’s real estate writer Paul Owers noted RealtyTrac Inc report last Thursday that foreclosure filings spiked last month in Palm Beach County as a backlog of pending cases abruptly moved through the court system.

The county had 3,759 homeowners in some stage of foreclosure in July, up 77 percent from June and 42 percent from a year ago. Palm Beach County had the 11th-highest foreclosure rate of Florida’s 67 counties.

Foreclosure defense attorney and legal blogger Roy Oppenheim told the Sun Sentinel he is noticing expensive mortgages going into default more frequently.

“This is like the second shoe dropping,” he said. “A lot of people with higher incomes have been seriously, seriously hurt.”

Want to learn more about mediation and foreclosure? Join Oppenheim Law for our free monthly foreclosure defense workshop the first Wednesday of each month and check out the entire Sun-Sentinel foreclosure story in the Oppenheim Law Newsroom. Find Oppenheim Law on Facebook or follow us on Twitter for up-to-the-minute real estate news.


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