Posts Tagged ‘Florida foreclosures’

NY Times columnist backs Oppenheim in denouncing proposed foreclosure settlement

Wednesday, November 2nd, 2011

NY Times backs foreclosure expert Roy Oppenheim's opinionFlorida homeowners might have a new definition for bank robbers… With details now coming to light on a possible deal between banks and the state governments, it’s seems the chances of these financial institutions being held accountable is less and less likely.

South Florida law blogger and foreclosure attorney Roy Oppenheim strongly opposed the deal, which is being sought by state Attorneys General including Florida’s Pam Bondi, in a recent FOX newspiece. Now New York Times columnist Gretchen Morgensen has backed up Oppenheim’s assertion that the deal, in its current proposed form, is not worth the potential relief that it might provide to homeowners.

Oppenheim called the reported $20-25 billion dollars in principal that homeowners would be forgiven for “a drop in the bucket” and now Morgensen reports that deal would only cost the banks between 3.5 and 5 billion dollars in actual cash, to be paid by about a dozen or so institutions. The rest of the banks’ penalties would come in the form of credits.

While HUD secretary Shaun Donovan insisted in the Times article that the settlement will hold banks accountable, both Morgensen and Oppenheim remain unconvinced. Oppenheim told FOX the deal isn’t worth a “deal with the devil”, and that it robs homeowners of the chance to bring legal action against the banks.

And will it really provide the relief homeowners are seeking?? The Times piece points to a 2008 settlement involving Countrywide Financial that promised $8.7 billion in relief to borrowers in Illinois and California that failed to deliver anything close to that. And California is one of several states that has backed out of this current negotiation.
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Foreclosures to Rentals. Obama Finally Listens to Oppenheim Law

Wednesday, July 27th, 2011

Taking a cue from Oppenheim Law, the Obama Administration is mulling over plans to reduce the number of foreclosed homes on the market by renting them out, according to the Wall Street Journal.

As the large inventory of distressed homes on the market continues to push a reduction in home prices as well as an increase in rental prices, the government is thinking about renting the homes owned by Fannie and Freddie.

The proposal has two benefits:

  1. Reducing the amount of distressed homes for sale
  2. Clearing the surplus of homes currently unoccupied.

These benefits would be the keys to a successful housing market recovery. Increasing the amount of rental properties available can also stabilize rent prices, which have been going up as foreclosed families wait before buying another home.

While the benefits of the proposal are obvious, it is still just a proposal. It’s too bad the Administration did not listen to Oppenheim Law back in 2009 when we advocated using the inventory of foreclosed homes to benefit communities, instead of just letting them sit unoccupied and cause suburban blight.

The Government could easily enact the proposal by ordering Fannie and Freddie to sell their foreclosed homes to investors who promise to rent them out. The investors could then hire management companies to look after the houses. If the Administration decides to follow through with the plan, the Government might actually make money on the deal and help the housing recovery at precisely the right time for it: before the next wave of foreclosures hit. That way, the market can be more resilient when the next hit comes and absorb more losses.

Oppenheim in the News: State Mediation Program Helps Few Florida Homeowners

Wednesday, July 6th, 2011

It’s a case of: The Three Stooges and Mediation.

Roy Oppenheim and his client shared their recent story in this week’s Daily Business Review with an inside look at the trials and tribulations of a system where one asks: Who is on first?

Under a state Supreme Court order issued 18 months ago, banks have been paying third-party mediators to perform outreach and mediation in an effort to keep Floridians in their homes. But in spite of spending at least $750 per case, the lenders rarely get homeowners into mediation.

According to defense attorneys, lenders appear unprepared to mediation, only prolonging a foreclosure case. It took homeowner Juan Picasso, who went into default after his son was diagnosed with a rare cancer, 26 months to get a modification on his mortgage. Deciding to do the application for modification himself, Picasso’s application for modification was denied three times and it wasn’t until he sought foreclosure defense attorney Roy Oppenheim’s help, that the case was settled with the bank.

Picasso described a mediation session that could have been in a Three Stooges short film.
Oppenheim, a foreclosure defense attorney in Weston, produced the letters as proof and noted the bank kept losing its copies of Picasso’s financial information and the bank’s responses.

“They kept saying all kinds of different things. They force-placed insurance on the property. They said Mr. Picasso’s insurance ran out so they put a ridiculous insurance policy on the property, which quadrupled the cost of insurance. He was in default because they were not keeping track of the insurance they put on his home.”
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Florida Real Estate’s Mortal Enemy: Excess Inventories

Wednesday, June 1st, 2011

Florida Real Estate’s Mortal Enemy: Excess InventoriesWhat is killing Florida real estate? Excess inventories and falling home prices.

House prices have been continuously falling for the first time in 70 years, and South Florida homeowners should expect the trend to continue.

A surplus inventory of houses caused by Florida foreclosures and short sales is the mortal enemy of home prices. Lower prices are needed to sell off excess inventories of residential properties, and in turn lower prices encourage more inventories from anxious sellers.

So how big are excess inventories and how long will it take for the real estate market to absorb them?

According to Economic Consultant Gary Shilling, we are currently facing a surplus of up to 2.5 million excess house inventories in the United States, a number that is subject to rise with further foreclosures and falling home prices.

To forecast the length of time to work off this excess inventory and have the market return to more favorable inventory and price conditions, Shilling developed projections of supply and demand for residential units.

Household formation averaged about 900,000 per year over the past decade as measured by the Census Bureau. Shilling uses this number as a reasonable estimate of yearly housing demand. However, with many college students moving back with their parents after graduation, household formation is not happening as fast as it once did.

New construction of single family homes and apartment units is running about 700,000 per year, and about 300,000 U.S. homes are torn down, converted or removed from housing stock each year. Based on these numbers, Shilling calculates new housing supply to be about 400,000.
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REMICS – The New Vehicle for Banks to Defraud Taxpayers

Thursday, May 5th, 2011

Roy Oppenheim Discusses REMICSAs Florida real estate slowly pulls itself out of the foreclosure fraud files; there is finally a government agency standing up to the bully of banks!

The IRS.

Last week, Reuters News Service published an exclusive article exposing yet another way the banks have been defrauding taxpayers. This time it wasn’t directly through improper lending practices, robo-signing or bad assignments of mortgage.

Now, the IRS discovered that banks acting as servicers for “REMICs”, otherwise known as Real Estate Mortgage Investment Conduits, have been claiming tax-exempt status on the income they generate under favorable tax code provisions.

So what is a REMIC? A REMIC is a passive entity where mortgages are pooled and securitized into investments. Generally, the investors in REMICs are large funds, pension plans, and 401ks.

Not only did the banks failed to comply in any manner with the requirements of the Internal Revenue Code that allow this favorable tax treatment, they have apparently decided to ignore the IRC altogether.

So what does this mean for taxpayers?

It means that the banks have been systematically ignoring IRC provisions, thinking the IRS is too sheepish to enforce the law. These entities, as a result of the actions of the banks servicing the mortgages, have failed to pay billions of dollars in taxes, and robbed the government, and thus the American people, of that money.

The reason that REMICs were afforded this massive tax break is due to the fact that they are meant to be vehicles for passive investing, and as such they have rules for strict compliance that require that all mortgages passing into a REMIC must be transferred into a trust within 90 days of trust formation.
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Banks Desperately Seeking Short Sales

Sunday, April 17th, 2011

Banks Desperately Seeking Short SalesThere is an interesting practice developing at our nation’s big banks. Borrowers who are in or nearing foreclosure are being offered thousands of dollars to short sale their homes. Some are even being offered $35,000 to get rid of their homes, and quickly. This situation presents an intriguing insight into the way banks are thinking at the moment. Banks would rather pay you and take a loss rather than foreclose on homes.

Do such offers signify that banks have learned their lesson and are trying to get out of sub-prime loans, or are they looking to just prevent further losses? Perhaps the answer is that the banks are concerned about existing home prices. Bank of America’s chief economist, Mickey Levy, while speaking privately, spoke of the concern that the 1.8 million bad loans in the nation will drive down the market if they go into foreclosure. Such fears help explain why the banks are desperate to avoid foreclosing on homes. They don’t want the rest of their loans to become vulnerable: the more foreclosures, the more house prices fall, therefore, the value of the banks’ loans go down and more people want to walk away from their homes, causing the banks even more losses.

In the end, this situation is a win-win. Not only do banks protect home prices, but they stand to get back more money quicker from a short sale than a foreclosure and the good publicity would be a nice change of pace for their PR departments. Homeowners in trouble are also helped because they can get out of their houses with some cash in their pockets and get on with the rest of their lives.

Budgetary Hardball Almost Forces Court Closures: Courts’ Reliance On Foreclosure Fees Exposed

Saturday, April 9th, 2011

Courts Reliance on Foreclosure Fees ExposedThe Florida Court system, including judges, nearly faced mandatory furloughs and unpaid vacations due to an emergency shortfall in its budget. Court employees faced up to 30 days of unpaid vacation through the end of May. The reason for the short fall was the precipitous drop in foreclosure filings, which generated the fees the courts relied upon for the majority of their budget. With the huge numbers of foreclosures in years past, the estimated revenue from the foreclosure fees meant that the Florida legislature allocated less money from the general state funds to the courts. This reliance on foreclosure filings fees resulted in the courts seeming a bit too amenable to the big banks and the rushing through of foreclosures that would have benefited from more scrutiny. Knowing that the courts were not examining the documents carefully, big banks were able to forge the required paperwork on a massive scale. The forging continued until the document mill scam was uncovered.

With the major banks virtually halting all of their foreclosures due to the document mill scandals, the fees have dried up and now we can see the impact of the courts falling asleep at the switch. The tremendous irony in the matter is that the failure of the courts to properly scrutinize fraudulent foreclosures, leading to the halting of new foreclosures and the drying up of the courts’ fees, would have lead to new foreclosures. Only this time, court employees would have been processing their own foreclosures. According to the Sun-Sentinel, most of the hardship of the court furloughs would’ve been felt by low income employees who are already struggling to make ends meet.
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