Posts Tagged ‘Florida real estate’

Oppenheim Looks at 2011 and beyond: Foreclosure Crisis, #OccupyWallStreet and Real Estate

Tuesday, December 27th, 2011

With 2011 winding down, foreclosure attorney Roy Oppenheim made a return visit to “The Mind of Money” to share his thoughts on the year that was with host Douglas Lodmell.

Just as Oppenheim anticipated, this year we’ve seen how big this foreclosure mess really is. There were numerous investigations, and a self-imposed moratorium on foreclosures during parts of 2011, resulting in a massive backlog of cases.

It was ludicrous, as Bank of America officials first said, that they would only need 60 days to review their inventory of files.

“It took them virtually a year to figure out that they were doing were just not kosher and had to stop,” Oppenheim explained.

There were several huge financial settlements offered to the banks over their illegitimate foreclosure practices, but the majority just did not stick. Judges told them the settlements were unacceptable and did not go far enough. With various attorneys general and the IRS among the agencies getting involved, these cases are nowhere close to settled.

“The banks literally got their hand not just caught in the cookie jar, but the lid was slammed on it, and everyone got to see the hand just hanging there,” said Oppenheim.

2011 is leaving us with a still unstable market, so people are looking for tangible investments, Oppenheim continued, and with the dollar still weak, Florida real estate is not a bad deal. When you add the fact that there is an excess of distressed properties, prices are not expected to rise anytime soon. he said.

Now every year there is an X-Factor, and this year it was Occupy Wall Street. It was a movement no one really saw coming, and despite some right-wingers attempts to limit Occupy as a fringe movement, Oppenheim said, there is no question the message of Occupy has resonated with middle America.
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Florida Deficiency Judgments FAQs . . . By Popular Demand

Wednesday, September 7th, 2011

Oppenheim Law’s most popular videos and blog posts are on the topic of deficiency judgements. So, by popular demand, we will continue to provide news and insight on this topic.

Understanding deficiencies and the Florida rules which pertain to them are key to avoid getting a deficiency judgment.

What is a Deficiency?

The unpaid mortgage debt associated with a residence is a deficiency. A bank can foreclose and force a judicial sale of a home if the mortgage borrower fails to pay the associated mortgage debt. The deficiency is the difference between the proceeds from the sale and the remaining mortgage loan balance. A deficiency can also result from a short sale, which is an alternative to foreclosure.

What are the Florida ‘Rules’ on Deficiencies?

The rules pertaining to deficiencies differ from state to state. A deficiency judgment is when the bank is granted a court order against the borrower to collect on the deficiency amount. In Florida, if the bank is successful in obtaining a deficiency judgment, it will be recorded in the public records and collectable for up to twenty years. Until the remaining debt is paid, the bank can garnish your wages, bank accounts, and even collect against your estate after you die.

However in other states, all a bank can do is foreclose on your house. Although your credit score will be lowered, in these states they can’t come after you for the deficiency.

If you live in Florida or any state where assets can be seized, it’s crucial to get ahead of the situation. So what should you do?
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Rumor Mill: Truth on New Real Estate “Sales Tax”

Sunday, August 7th, 2011

 

Rumors are spreading about a new tax on real estate that is part of President Obama’s healthcare law.

The new tax, which has been dubbed a real estate “sales tax,” has a lot of misinformation out about it. For example, many blogs such as the Spokesman Review accuse the new law of imposing a 3.8% tax on the sale of all real estate. Email chains such as the one quoted in the Attack Machine blog claim that the tax will affect all real estate transactions, like “that’s $3,800 on a $100,000 home.”

Such claims are untrue.

In the old days, all real estate transactions were subject to the capital gains tax, a tax on income from investments. President Clinton introduced an exemption to the tax for primary residences with a profit of $500,000. Now, profits under $500,000 for couples and $250,000 for individuals are exempt from the tax, currently at 15%. The new tax adds an additional 3.8% surtax to those transactions that exceed the exemption. Additionally, you must make at least $250,000 if married or $200,000 if single to even have the surtax affect you. The surtax only comes into force in 2013, so it doesn’t affect people for several years.

The National Association of Realtors has provided several examples to help clear up the difficulties. The following is one of them.

“A couple filing jointly with an income of $325,000 make $525,000 when they sell their primary residence. If the profit on the home is less than the $500,000 threshold ($250,000 for single taxpayers), none of gain would be subject to the surtax. But since the taxable gain is $25,000 above the $500,000 threshold, it is added to couple’s income, bringing it to $350,000. That’s $100,000 above the $250,000 limit for couples filing jointly. But the $25,000 taxable gain on the sale of the property is the lesser amount in this case, so the extra tax that would be due in this case would be $950, or 3.8% of $25,000.”
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Oppenheim Law Poll Reveals Homeownership Still the American Dream

Wednesday, August 3rd, 2011

Is homeowners​hip still an important part of the American dream? That’s what Oppenheim Law set to find out in the latest social media-driven poll on its Facebook fan page.

The results leaned toward favoring home ownership as part of the classic U.S. lifestyle. But there could be new rules for the American Dream in the future.

Jody Cohen believes home ownership is indeed still the American dream despite the state of the economy. “The dynamics have changed somewhat,” she says, “but people are very creative when they need to be. I know I have.”

As Alan Schneider sees it, home ownership is keeping the economy afloat. In an interesting perspective on strategic defaults, he figures people who are living in homes they own—and who aren’t paying their mortgage, taxes and insurance—have plenty of available cash to spend. In other words, government policies are allowing people to milk the system and stay in their homes free for extended periods of time, as well as cash in on welfare, unemployment, Section 8 housing, food stamps, Medicaid, and so on.

“Heck, I’m thinking of laying myself off and collecting all of these benefits. Too bad since my divorce I have been renting from people that don’t have mortgages on their properties that are in foreclosure,” Schneider says sarcastically. “I could have been living rent free and saving up lots of money to buy a nice foreclosed property at one-third of its previous price …”

Ronald Louis has a slightly different view: home ownership is an important part of life everywhere—not just in America. The American Dream, he says, is freedom and equal justice, not the material things consumers covet.
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Video Interview: Roy Oppenheim on Florida Real Estate Double Dip

Monday, August 1st, 2011

South Florida Law Blog’s Roy Oppenheim says we’re not out of the woods yet! A second wave of Florida foreclosures will hit in the third quarter of this year, Florida Double Dip? Foreclosures, Zombie Foreclosures, Fraud-closures from Oppenheim Law on Vimeo.

Oppenheim Law Predictions:

  1. Government programs such as unemployment benefits as well as the reduction in payroll tax benefits are coming to an end.
  2. Florida banks have supposedly gotten their “fraud-closure” crisis and issues of robo-signing under control and are going to submit many new foreclosures.
  3. If that wasn’t enough, foreclosures that were initially dismissed by the courts due to incomplete and inaccurate paperwork are now being “revived” and will also contribute to the tidal wave of foreclosures.
  4. Sustaining housing prices will be difficult with the ending of government programs, new foreclosures hitting, and “Zombie” foreclosures coming in because there simply isn’t enough economic support.

Unless there is a surge in Florida employment, Oppenheim predicts we are heading towards another drop in Florida real estate values until early 2012.

Special note: Just don’t shoot the messenger!

Robo-Signing Returns, Raising Eyebrows and Acid Reflux

Sunday, July 24th, 2011


Oppenheim Law would never accuse the banks of committing fraud, perjury, impersonation, notary fraud, contempt of court, lying, violating Constitutional protections, or being tax cheats. Nevertheless, we do make this advisory: Be careful of what you sign.

Why?

As soon as you think the coast is clear, it’s the return of the robo-signers.

Suspected robo-signed documents are cropping up again in county deed records, according to the Associated Press. These new documents suggest the previous document mill scandals are part of an endemic problem at banks, not a one-off affair like the banks would have you believe.

In explaining the document mill scandals, banks claimed they were crushed by a gigantic amount of paperwork. It was while attempting to deal with such a large amount of paperwork that “mistakes” were made, according to the banks. Such claims are now being met with a raised eyebrow.

Registrars in several states have reported seeing suspicious documents. But now, the banks can’t claim they are under a mountain of paperwork: foreclosures, sales, and refinances are all at lower levels than they were in the past several years. Most of the documents under suspicion now are not even related to foreclosures. Rather, they mostly deal with new home purchases and refinances.

The banks are even using some of the exact same names heavily publicized when the scandals first broke like Linda Green and Crystal Moore. Such behavior points to an industry that sees itself as untouchable: too big to fail and too big to be regulated.

The proposed settlement between the banks and the states includes no criminal charges. Critics say that such slaps on the wrists only foster a culture of impunity, and they appear to be right.
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The Sun Will Come Out, Tomorrow? Homeownership Still Vital To Americans

Sunday, July 10th, 2011

Even though it is a risky proposition, 9 in 10 Americans polled still say that owning your own home is an important part of the American dream.

The latest New York Times/CBS poll shows that nearly 90% of those polled believe that it is important to own your own home, even though less than half of them think owning a home is a safe investment.

Public sentiment in favor of support for homeowners in trouble is also high. More than half of those surveyed believe that the government should provide direct financial assistance for homeowners in financial trouble.

The poll provides a fascinating insight into the American psyche: home ownership remains the number one factor in defining what it means to be successful in America. This is a representation of America’s intrinsic unease with renting. The idea of paying someone money every month and having nothing to show for it at the end of the day still reigns powerfully over the American mind.

There is also a strong belief that the economy will eventually get better. Taking a cue from Annie, this belief in the ability of our country to bounce back shows that the current crisis has not permanently scarred us.

Americans are still an optimistic people, and traditional values like home ownership and a belief that things will always get better remain strong. This is the magic and mystique of America!

No matter what, Americans still believe “the sun will come out tomorrow.”

From The Trenches,

Roy Oppenheim


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