Posts Tagged ‘Florida Supreme Court Task Force’

Roy Oppenheim Comments on Florida Supreme Court’s Report, You Can Too!

Wednesday, October 14th, 2009

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You can make a difference! Take action and make your comments to this report that can be found at http://www.floridasupremecourt.org/pub_info/foreclosure.shtml

Comments must be submitted on or before October 15,2009 to e-file@flcourts.org
Or you can read Roy Oppenheim and the law firm of Oppenheim Law’s comments concerning the mortgage foreclosure crisis.

Below is a copy of the official comments from Roy Oppenheim.

October 13, 2009

Chief Justice Peggy A. Quince
Florida Supreme Court
500 South Duval Street
Tallahassee, Florida 32399-1925

Re: Oppenheim Pilelsky, P.A.’s comments in response to the Final Report and Recommendations on Residential Mortgage Foreclosure Cases (the “Report”) by the Task Force on Residential Mortgage Foreclosure Cases to the Florida Supreme Court (the “Task Force”)

Dear Madam Chief Justice:

It is an honor for our law firm, Oppenheim Pilelsky, P.A., comprised in part of foreclosure defense attorneys, to provide the following comments concerning the mortgage foreclosure crisis. We appreciate the amount of time and effort that the Task Force and the Supreme Court have allocated to address these important matters. In reviewing the problems identified by the Task Force and the appropriate recommendations to such problems, our comments on the Task Force recommendations are as follows:

1. We strongly agree that having uniformity of forms and procedures statewide is important to a fair and just statewide judicial system. Thus the goal of establishing a uniformity of forms and procedures statewide is important and is endorsed by our firm.

2. Establishing a central information source and a statewide web site to provide centralized information for all parties involved with a foreclosure is a good idea. Our firm’s only concern is who will fund and manage the web site in light of economic realities. Further, it is important that the web site remain neutral and not favor banks or homeowners in connection with the information provided.
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10 Tips to Survive Today’s Florida Real Estate Market: Free Workshop

Wednesday, August 26th, 2009

Buying and selling Florida short sales, foreclosures, and REOs (Real Estate Owned) are not for the faint of heart says foreclosure defense lawyer Roy Oppenheim. He regularly shares his insight with the media and now offers a Florida real estate workshop targeted at homeowners and real estate professionals looking for trusted legal direction in today’s murky waters of real estate buying, selling and investing.

What: Free Real Estate Buying and Selling Workshop
Who: Homeowners and Realtors
When: Thursday, September 3, 2009, 6:00 to 7:00 PM
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


The workshop will be split into three strategy segments: buying Florida real estate, defending Florida foreclosures, and investors looking for opportunities. Attendees will leave with Oppenheim’s Top 10 Tips to Survive in Today’s Florida Real Estate Market.

For example: In a recent article in the Daily Business Review about the Florida Supreme Court’s foreclosure task force Oppenheim commended the task force for recommending mandatory mediation.

“One of the big problems that borrowers have had is getting in touch with an intelligent human being who has authority at the bank,” Oppenheim commented in the article. “Most of the time you’re dealing with people just pushing paper.”

The 53-page report starts off by describing the Florida foreclosure crisis and recession as a massive traffic jam during rush hour, in a thunderstorm during hurricane evacuation with a lane closed due to construction.
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The Florida Supreme Court Task Force on Residential Mortgage Foreclosure Cases speaks out: Chastises Banks and Banks’ Attorneys.

Monday, August 17th, 2009

Today, the Florida Supreme Court Task Force on Residential Foreclosure Cases issued their final report. While the report is over 50 pages in length, they are making a number of very important recommendations that should help Florida homeowners.

Specifically, they are requiring mandatory mediation for all homestead property in every county in the State of Florida. Right now, only a few counties including Miami Dade and Palm Beach County have mandatory medication. The report states that in those counties where there has been mandatory mediation, approximately 75 percent of all cases are settled in mediation. Further, the Task Force is recommending that there be pre-suit mediation in order to reduce the clogging of the court system. The Task Force is also requiring that the banks– not the borrowers— pay for the mandatory mediation.

The Report also mentioned that mortgage modifications are becoming more effective. In fact, they mention that in those loans that have recently been modified, there has been a drop in the re-default rate by 31 percent. Further, they indicated that loan modifications overall increased 55 percent from the fourth quarter of 2008 to the first quarter of 2009 and increased 173 percent over the past year.

The Task Force also took great issue with a number of tactics that have been used by the banks’ attorneys. Specifically, in relevant part, the Task Force stated: “A leading plaintiff’s lawyer and a major plaintiff’s law firm have been the subject of a public reprimand and sanctions due to untruthful filings with the courts. Judges continue to see affidavits of amounts due and owing signed by law firm employees, and cost affidavits charging very high service of process fees for process serving firms owned by the law firm principals. To some extent, it is fair to be concerned whether the press of the caseload is interfering with a judge’s ability to police the conduct of the firms before them in these usually uncontested, unopposed foreclosure cases.”
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Best Foreclosure Strategy: Renegotiate Mortgage in Mediation

Monday, June 22nd, 2009

Well the early statistics are in http://bit.ly/RsUIQ. As expected, we are finding in Florida that the likelihood of completing a loan modification is much higher if conducted with a mediator under court supervision. That’s why it’s likely why we can anticipate that the Florida Supreme Court will require mandatory mediation in every foreclosure action. In fact, in the few Florida counties where mediation is already required a whopping 50% of the foreclosures are settling usually with a new loan amount, a decreased interest rate and with a new lower payment.

It is just unfortunate that borrowers need to take the lenders to the wall before they get the bank’s attention. We are seeing and hearing too many times when the banks just won’t cooperate with a modification until the person is in foreclosure and defended by competent counsel.

I’m not sure if it’s because the borrowers can’t get someone with authority to talk with and negotiate with until they get to mediation or if it is because the banks are just too overwhelmed in the first place.

In any event let’s just hope that the Florida Supreme Court Task Force sees the trend as we do and does the right thing by implementing unified mandatory mediation rules for mortgage foreclosures throughout all of the Florida judicial circuits.


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