Posts Tagged ‘Florida real estate’

South Florida falls to third in national foreclosure rankings

Monday, May 13th, 2013

Written By Paul Owers, Sun Sentinel 5:37 a.m. EDT, May 9, 2013 and republished in The South Florida Law Blog with excerpts from Roy Oppenheim.

South Florida third in national foreclosure rankings - Sun Sentinel - Roy Oppenheim

S. Fla falls to third in national foreclosure rankings. Lenders must prove they can foreclose before filing and some say bill restricts due-process rights.

South Florida has relinquished its ranking as the nation’s top spot for foreclosures.

After posting the No. 1 foreclosure rate for two consecutive months, the metro area covering Palm Beach, Broward and Miami-Dade counties fell to third in April, according to RealtyTrac Inc.

One in every 269 homes in the tri-county region was in some stage of foreclosure last month, RealtyTrac said. Akron, Ohio, ranked first, at one in 211 homes, and Ocala was second at one in 225 homes.

The Irvine, Calif.-based listing firm monitors public records for three types of foreclosure filings: new cases, scheduled auctions and bank repossessions.

South Florida had 9,127 total filings in April, up slightly from a year earlier, but new cases declined by 35 percent, said Daren Blomquist, a spokesman for RealtyTrac.

“It appears that lenders have caught up with these delayed foreclosures,” he said. “Banks are pushing through the backlog, so we’re getting closer to seeing a resolution with these distressed homes.”

Foreclosures mounted across the country during the housing bust. But some lenders held back on filings starting in late 2010 over concerns about possible paperwork errors.

While Florida last month had the nation’s second-highest foreclosure rate, after Nevada, filings are down sharply across the Sunshine State since the 2009 peak, Blomquist said.
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Bangladesh and Banks: Why Both May No Longer Be Too Big to Fail

Sunday, May 12th, 2013
It’s not much different for the banking industry. While no lives have been lost as a direct result of the banks’ committing fraud, many people’s lives have been financially ruined.

Much like the banking industry in the US, the Recent tragedy in Bangladesh is “Too Big To Fail”

What do the recent tragedy in Bangladesh and the state of this country’s banking industry have in common? At first blush you might say nothing, but scratch just below the surface and you will see there are many parallels.

First Bangladesh – which we all know by now is a corrupt country being run by an ineffective government where rich factory owners sit in Parliament thumbing their collective noses at building codes that no one enforces.

Then, there are the “too big to fail” banks whose CEOs know that, by virtue of their size, the government won’t let them fail for fear they will, just like the garment factory in Bangladesh, come crashing down taking the innocent with them.

Last month’s accident, which killed more than 1,000, isn’t the first one involving garment factory workers. Still, the Bangladesh government has done little to protect those who are just squeaking out a living in what’s estimated to be a $20 billion industry that accounts for more than 75 percent of the country’s exports.

Why are these things allowed to happen? The answer is simple – much like the banking industry in the U.S., the garment industry in Bangladesh is too big to fail.

But the tide may be turning, both in Bangladesh and in the U.S.

In Bangladesh there’s been a groundswell of protests with factories being burned to the ground, and demands for regulation. Those demands, which not only are being heard overseas, but also in this country where many retailers rely on those factories for cheap labor, may serve as a bellwether for the future. In the wake of massive public outcry some retailers are scrambling to respond. But for those who died, it’s too little, too late.

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Senate passes bill speeding up foreclosure process

Tuesday, May 7th, 2013

The original article was written by Adolfo Pesquera, Daily Business Review, May 6, 2013 with quotes from Roy Oppenheim republished in part in the South Florida Law Blog.

Florida Senate passes legislature bill. The Florida Senate sent a mortgage foreclosure bill to the governor Friday with a goal of accelerating foreclosures.

The Senate version was tabled Thursday in favor of Florida House Bill 87, which passed the House by an 87-26 vote April 29.

The legislation, which was pushed by State Rep. Kathleen Passidomo of Naples, was positioned as a way to stabilize South Florida’s housing market. It reduces the Florida statute of limitations for deficiency judgments on a foreclosure action to one year from five years and requires the person filing the foreclosure to give the court information about lost, destroyed or stolen promissory notes as a safeguard against wrongful filings.

Real estate defense attorney Roy D. Oppenheim said the governor may veto the bill because it is retroactive, a condition that led him to veto an alimony bill that passed the Legislature by a super majority.

Oppenheim, managing part of Oppenheim & Pilelsky in Weston, accused the bill’s supporters of passing it through a process of smoke and mirrors.

It skipped the Senate appropriations committee, and “they presented the House bill as the Senate bill, he said.

“Talk about craziness, Oppenheim said. “The process has been so shameful and disrespectful to the order of law and our Constitution.”

Foreclosure defense attorneys generally opposed the bill because it would expedite the foreclosure process by cutting down the time homeowners have to defend themselves and by holding expedited trials.

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Florida’s ‘Fair Foreclosure Act’ Is Anything But Fair

Friday, February 22nd, 2013

An edited version of this post by Roy Oppenheim was first published in US News and World Report’s Home Front Blog and is being redistributed on South Florida Law Blog with their permission.

US Foreclosures

House Bill 87 Expedites the Foreclosure Process

Any plan designed to speed up the foreclosure process in Florida and uncork the bottleneck of paperwork jamming up the court system may sound like a good idea at first. After all, who wouldn’t want to see the last several years of this foreclosure crisis become nothing more than a distant memory.

But scratch just below the surface of a recent bill introduced in the Florida House of Representatives called “The Fair Foreclosure Act,” and you’ll find a plan that’s anything but—at least for those facing the foreclosure process.

[ALSO: Where Have All the Foreclosures Gone?]

House Bill 87 allows third-party lien holders—such as homeowner associations—to route foreclosures through an expedited process rather than through a typical court proceeding required by Florida law. (Florida is a judicial foreclosure state meaning that all foreclosures have to go through the court system.)

But instead helping distressed homeowners, HB 87 essentially strips them of basic legal rights. The bill acts sort of like Liquid Plumr, pushing foreclosures through the drain and turning the legal system on its head.

Even criminals are considered innocent until proven guilty and given their day in court before they are thrown into jail. Shouldn’t homeowners be given their day in court before they are thrown out of their homes?

Florida State Rep. Kathleen Passidomo, who introduced the bill, would argue that it protects consumers by ensuring that banks and lenders prove they own a mortgage before they can file a foreclosure action.
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