Posts Tagged ‘foreclosed homes’

Homeowner’s Super Bowl — Clock Winding Down on Robo-Signing Settlement

Monday, February 6th, 2012

Courtesy: New York Giants

The clock may have run out on this year’s Super Bowl (Way to go Giants!!) but there’s still a few minutes left in this year’s REAL grudge match, the Banks vs. the Attorney Generals.

It’s 4th and Inches, the score is tied, and it would be nice to avoid overtime.

Today we could learn whether the much-discussed robo-signing settlement with Wells Fargo, Bank of America, JP Morgan Chase, Ally Financial and CitiGroup will come to pass, and in what form.

With California AG Kamala Harris returning to the negotiating table, the deal looks closer than ever to being sealed. Harris, who represents the state with the largest amount of foreclosed homes, has rightfully been hesitant to sign off because her state has the most to gain, or lose, from this deal.

We were initially very hesitant to see this deal go through ourselves, but the time has come for it to put to bed.

Why?

Because we feel the deal in its current form does a lot. Does it help every single homeowner who’s underwater? Of course not. There is no deal that will.

But here is who it does help. The homeowners who have fought to keep their homes from day one, who were at the forefront of these legal challenges against the banks. Much of what we have learned about robo-signing and the lack of standing banks had to bring foreclosure, would not have come to light without these crusaders, and its time they got a reprieve.

In theory it also helps the responsible homeowners, the ones who paid their mortgages on-time and whose homes went underwater through no fault of their own. They too need to be rewarded.

The reported 25 billion dollars (perhaps more if all 50 states sign on) that the banks are putting up will finally offer these homeowners some principal reduction, and the chance to refinance, two things we have long sought to see.

For those who just walked away, who left their homes to fall into disrepair, it’s our opinion that they should not be a priority.

The longer this deal lingers without any hope of conclusion, the longer we face the chance of a social contagion where everyone decides to stop paying their mortgage.  That will not help the market, and more importantly it won’t help the homeowners who’ve truly been wronged by the banks.

There are some bloggers and commentators who are still urging the AGs to not sign this deal. Is is a slap on the wrist? Yes, but that’s all it can be. We must not forget that rob-signing is the tip of the iceberg.

Whatever state claims that might be washed away by this agreement will seem like small potatoes once Schneiderman and his team wrap their investigation.

In fact they’ll seem more like little potato crumbs. Trust us what lies ahead is far worse.

If this settlement is the homeowner’s Super Bowl, then what lies on the horizon is the Supercalifragilisticexpialidocious Bowl.

There is nothing more important to us than making sure the banks face punishment for their dirty dealings.  It is very important that people continue to challenge the banks by trying to flesh out whether they  truly have standing to bring foreclosure. There’s no reason why this should end with this settlement. When it’s said and done, we believe the banks will be punished.

So far Schneiderman has not not wavered in his efforts to go after the banks. His efforts in the last few weeks have them running scared for the first time. We’re confidant he’ll do whatever it takes to get the banks. He has been one of the holdouts against this deal, but he is starting to turn around on it.

If he can be comfortable with it, then so can we.

Federal Reserve Wake up Call! Finally looking out for the little guy

Wednesday, January 11th, 2012

via Freshome and Mashable

Finally!!!It’s a word that is being bantered about the hallways of Oppenheim Law all too often these days, and thanks to the Fed’s recent comments on the foreclosure crisis, it’s been thrown around at rapid-fire pace these last few days.
Through a 26-page white paper which highlighted the “extraordinary problems plaguing the housing market”, officials at the Federal Reserve have told policymakers on several congressional banking committees that the government must step up and take a more active role in fixing the mess that they themselves have helped create.

Up until now the Fed has kept their fingers out of the housing market, but even they now realize the far-reaching impact the foreclosure crisis is having on the overall economic climate. In the white paper they offer up several suggestions, such as reducing the barriers to converting foreclosed homes into rental properties, and loosening the grip on lending standards in order to help the market recover.

The Fed now wants harsher action from Congress on America’s top lenders, and Governor Sarah Bloom Raskin even told a conference at the Association of American Law Schools that the Fed “must impose penalties for deficiencies that resulted in unsafe and unsound practices.”

It must be time to check our subscriber list to the South Florida Law Blog, because it sure looks like our friends at the Fed are on it!

We’ve suggested for a while now that turning foreclosed homes into rental properties is an obvious and logical step.  For years banks have collected homes like animals in Noah’s Ark, and now it’s time to put this inventory to good use. 60 Minutes showed us what happened when these homes go empty, so why not put good people in these homes! The government may not like the idea of becoming a landlord, but really isn’t it better than the alternative!! This mass inventory of foreclosed homes can be an asset for our government if more of them are rented out, instead of being a detriment.

The Fed has also come to the overdue realization that the banking system just wasn’t prepared to handle the massive upswing in delinquent homeowners they’ve seen in the last few years. In their report they talk about principal reduction as one such way to combat the negative equity many homeowners now have (which is one of the many reason loan modifications have failed to catch on)

In their report the Federal Reserve states that principal reduction can improve “a household’s financial position, and thus increasing its resilience to economic shocks, and by reducing the incentive to engage in “strategic” default”. Well there’s a DUH moment. We don’t see the market stabilization occurring unless the banks offer principal reduction to homeowners. Right now too many homeowners are walking away, and that won’t change unless they are given greater incentive to stay.  The potential impact on the economy could be far reaching if enough homeowners are given the option. It could lead to more stable neighborhoods, more jobs, and the recovery the government has long sought.

It’s nice to see the Fed finally(!) looking out for Joe Homeowner. While the Federal Reserve may have been created to protect Middle America, we all know the Fed has really been about protecting its own, and allowing the banks to essentially bail themselves out. The Fed, as much as they may hesitate to admit it, can’t do their job without the people!

Foreclosed Homes A Problem During Hurricane Season

Tuesday, September 1st, 2009

See the video and article below about foreclosed homes in Florida and hurricanes. Roy Oppenheim, a Florida foreclosure defense attorney, is quoted in both the article and video below. Read on for the full story.

While South Florida is in the midst of hurricane season, many residents want to know who is responsible for abandoned and foreclosed homes before a storm strikes.

Luis Callard is a West Miami-Dade resident who’s worried about all the abandoned and foreclosed houses in his neighborhood.

“No one lives there, and there’s stuff in the back yard,” he tells CBS4′s Chief Consumer Investigator Al Sunshine. “What if a hurricane hits, with high winds?”

He’s not the only South Floridian who worries about that. With Florida among the national leaders in numbers of foreclosures, vacant homes and condos can be found in most neighborhoods. They’re no match for a hurricane.

Ron Szep of the Miami-Dade Building Department knows the problem.

“When the building is unsecured, when the wind can get inside that building, it will basically blow it apart. All the debris will be flying into your and your neighbors’ homes and cause severe damage.”

Szep says that’s the reason Miami-Dade County has a $200,000 program to board up abandoned homes.

So far, 120 of them have been secured, at an average cost of $3,000 each. The county eventually gets the money back by placing a lien on the property, which usually means the bank that foreclosed on the home pays the bill.

Chris Albury of the Miami-Dade Office of Neighborhood Compliance says it’s a good program, but it doesn’t happen overnight.

“On average, it takes about three months to get a house completely boarded up, from beginning to end,” explained Albury.

But in Broward County, there’s no coordinated countywide program to secure abandoned homes. Each municipality has its own building department, and concerned residents have to contact the right one.

So what if a hurricane is approaching, can you take matters into your own hands and secure that neighborhood eyesore?

Attorney Roy Oppenheim warns, “Legally, you can’t go onto private property.” But he adds, in an emergency, you may need to do things you wouldn’t otherwise do to keep safe. “You have to figure out what’s best for you and your family.”

The bottom line: It’s up to you to report abandoned and foreclosed homes to your homeowner’s association or your building department and have them clean up and secure those homes.

Read the full story about foreclosures and hurricanes on CBS4.com.

FEMA To Use Foreclosed Homes During Hurricane Season

Wednesday, June 17th, 2009

With the brunt of hurricane season fast approaching, the Associated Press has reported FEMA is considering a plan to use vacant foreclosure properties as a source of emergency housing for hurricane evacuees.

In an interview with the AP, Roy Oppenheim shared his opinion on FEMA’s proposal.  He also added more information during a video interview, which can be found on his foreclosure YouTube channel.

“This is an idea we have been talking about for over a year because it‘s so logical,” said Oppenheim.  “If Noah hadn’t built the ark, the animals wouldn’t have had any place to go.  We need to have this excess housing stock as our national ark for problems that may arise down the road.”

Read on for the entire AP story on FEMA’s plan to use foreclosed homes during hurricanes.

For more updates, subscribe to the Oppenheim Law YouTube channel: http://www.youtube.com/user/OppenheimRoy


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