Posts Tagged ‘Florida’

Roy Oppenheim From the Trenches: The re-emergence of the rocket docket

Wednesday, May 22nd, 2013

Top 2010 Foreclosure Headlines from South Florida Law BlogMuch has been written and said about the state of the nation’s foreclosure crisis. South Florida has served as ground zero for much of the mess in the past few years and only recently is starting to dig out from under the mountain of foreclosure filings.

New South Florida foreclosures are down. After reporting 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.

Nationwide, foreclosure activity fell to its lowest level in six years.

Meantime, several of the big banks have actually halted foreclosure sales to ensure they are complying with federal guidelines.

In his most recent “From the Trenches” video, Oppenheim about the newly passed foreclosure legislation – HB 87 – which is awaiting Florida Gov. Rick Scott’s signature. Roy wrote a letter to Scott asking him not to sign the bill, pointing out that if passed it could push homeowners out of their residences without the due process to which they are entitled.

There also has been a re-emergence of the so-called “rocket docket” with the Florida Supreme Court giving its blessing to a plan that allows for lawyers to serve as general magistrates to help push the hundreds of thousands pending foreclosures through the court system.

What are the implications of this decision? Watch the video to find out.

Real estate and foreclosure defense attorney, Roy Oppenheim left Wall Street for Main Street, founding Oppenheim Law along with his wife Ellen in 1989 in Fort Lauderdale, Florida. He also is vice president of Weston Title and creator of the South Florida Law Blog, named the best business and technology blog by the South Florida Sun-Sentinel. Follow Roy on Twitter at @OpLaw or like Oppenheim Law on Facebook

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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Florida lawmakers push foreclosure bill through

Wednesday, May 8th, 2013

The original article was written by Paola Iuspa-Abbott, Daily Business Review, May 8, 2013 with quotes from Roy Oppenheim republished in part with minor edits in the South Florida Law Blog.

Foreclosure_Next_ExitA foreclosure bill (House Bill 87) that’s awaiting the governor’s signature passed in the Florida Legislature in the last days of the session. Opponents argued the legislation was all about fast-tracking foreclosures with minimal judicial review. The amendment calls for reducing the number of hearings and the time a homeowner has to fight a foreclosure. A homeowner would have up to 45 days to build a defense before a key hearing to determine if a case should move forward or the lender should take the house back.

“People are going to have to move very quickly,” Weston foreclosure defense attorney Roy Oppenheim said. “It is going to put more burden on people to get lawyers. This is going to help my practice but hurt the homeowner.”

The legislation is retroactive, so it would apply to hundreds of thousands of pending cases. Oppenheim wonders if Scott would accept retroactivity. The governor cited a retroactivity clause as his reason for vetoing a bill that would have dramatically changed the state’s alimony law.

The foreclosure bill authorizes the hiring of retired judges to deal with the case backlog now gripping the state’s trial court system. That worries Oppenheim, who argues the specially appointed judges won’t be accountable to the electorate so nothing could stop them from ruling based on political favoritism.

“They can do whatever they want in the speedy trial,” he said. “It is going to become a mockery of our constitutional system.”
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Housing-related businesses enjoying big bounce-back

Sunday, April 28th, 2013

Written By Paul Owers, Sun Sentinel 4:24 p.m. EDT, April 27, 2013 and republished in The South Florida Law Blog with excerpts from Roy Oppenheim.

Sun Sentinel Story South Florida Businesses Enjoying Big Bounce Back Amidst Real Estate Bubble

Real estate agents aren’t the only ones cashing in on the housing renaissance.

Home inspectors, mortgage brokers, moving companies and other related businesses also are watching their bottom lines grow again after six years in a deep slumber.

“It’s been very busy,” said Scott Dooley, a Fort Lauderdale appraiser. “There aren’t enough hours in the day.”

Roughly 30 percent of South Florida’s economy tanked because of the real estate downturn that started in 2006, Weston lawyer Roy Oppenheim said.

During the housing boom of 2000 to 2005, speculators drove up prices, forcing some buyers to take out adjustable-rate mortgages and other risky loans for homes they couldn’t afford. Prices plummeted and a wave of foreclosures followed, leading to an epic collapse.

Oppenheim’s title company, Weston Title & Escrow, lost 80 percent of its business during the bust. While he avoided layoffs, employees had to take furloughs and pay cuts to keep the family-owned firm afloat, he said.

Now business is booming again, although revenues are still down because home values are nowhere near the record levels of 2005, he said. Oppenheim also has noticed an uptick in his real estate law practice, with more construction leading to more liens and building disputes.

“People are calling me now that I haven’t talked to in six or seven years. They’re back in business,” he said. “The last eight months have been good ones for people in real estate.”

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