Posts Tagged ‘foreclosure crisis’

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.

Week In Review: Foreclosure Judge Slammed, Bank Settlement Close? and So. Fla. Housing Crisis in One Chart

Friday, January 20th, 2012

Florida Homeowner Slams Judge Hearing 300 Cases

In the absolutely-not-surprising-in-any-way file, one of the 300 homeowners who went before a Seminole County judge during a three day session this week thinks he was treated flimsily by the court.

Blaize McMonagle told ABC News that Judge Alan Dickey sped through his case without being given the chance to defend himself.

Dickey was quoted in the Orlando Sentinel earlier in the week stating that he was only going to be able to give each defendant about 30 seconds if everyone showed up. With retired judges no longer aiding to help navigate through the foreclosure backlog, we expect to see more and more complaints from homeowners.

Florida’s Hardest Hit Program Not Providing Real Relief

Our skepticism about Florida’s Hardest Hit Program being able to help homeowners in the long-run was confirmed in the Palm Beach Post this week. Sheryl Stuart, a Jupiter homeowner enrolled in the federally-funded program since September said she had doubts she’d ultimately be able to stay in her home once the payments ended because the salary at her new job wouldn’t cover her mortgage.

We believe the program might only delay the inevitable, and only with substantive help like principal reduction  will homeowners have a real chance to get back on their feet.

UPDATE: After Stuart was profiled by the Post, she found out her payments, which are set to end in February, are being suspended because she also owns two condos, which are also in foreclosure. She claims the credit counselor who helped her with application for Hardest Hit was aware of this and never informed her of the limit.

Donvovan: ‘Very Close to Robo-Signing Settlement

Stop us if you’ve heard this one before.

HUD Secretary Shaun Donovan came out this week and said a settlement with the big banks over their shady foreclosure practices is near. About one million homeowners would see their principals reduced as a result of the settlement, Donovan said, while others would be directly compensated by the banks.

We’ll believe it when we see it.

Foreclosure Crisis: Will Government Right This Sinking Ship?

In our first blog this week we made a difficult, yet quite apt comparison between the Italian captain allegedly abandoning his sinking ship and what the banks have done in the foreclosure crisis. Bank executives, in a figurative sense, have also been steering homeowners off-course and into danger, and just like the captain, need to be held accountable. We sided with the New York Times and their editorial this week, which called for President Obama to form an inter-agency task force to investigate the banks for their actions.

Courtesy: Miami Herald

Finally we’d like to end the week by sharing a fresh perspective on the local housing collapse, courtesy of the Miami Herald. Indices from the Federal Housing Finance Agency show that home appreciation levels locally were much higher than the national average when the housing market peaked in 2007.

In both Broward and Miami-Dade counties, home prices were average well over 100 percentage points better than the national average, which was 166 percent 5 years ago. With numbers like that, in retrospect it should have easy for anyone to see that the bubble was about to burst, at least in South Florida.

It’s worth noting that homes locally have held their value better than the average US home. Hopefully that’s a sign of good things to come.

Have a great weekend and we’ll see you next week in the trenches!

Foreclosure Crisis: Will Government Right This Sinking Ship?

Monday, January 16th, 2012

Photo Courtesy:Reuters

We’ve all been reading with horror about the developing situation in Italy with the Costa Concordia, the cruise ship that capsized last Friday, killing several people.

What really caught our attention is the actions of the ship’s captain Francesco Schettino, who reportedly abandoned ship in the middle of the evacuations. He’s been blamed for causing the tragedy by recklessly taking the ship off-course and too close to shore

We can not compare the loss of life with the foreclosure crisis, but an argument can certainly be made that there is a parallel between the captain’s actions and that of big banks.

Banks have also been reckless, taking the economy from its intended destination and showing a complete lack of disregard with their shady real estate and foreclosure practices.  We believe they have abandoned the homeowner and the taxpayer, while failing to consider their well-being and solely worrying about their own self-preservation.

Whereas the cruise line’s executives have quickly held the captain accountable, we’ve yet to see our federal government do the same to the banks, despite countless opportunities to do so.

In this excellent editorial published in the New York Times, the paper calls on President Obama to steer this ship back on course by forming an inter-agency task force to investigate the banks for their actions, many of which could be considered criminal.

Yes there’s been investigations and settlements, but there’s been very little accountability for the top executives, who’ve been rarely held personally responsible.  For example Angelo Mozilo, the former chief executive of Countrywide, didn’t have to admit to any wrongdoing when he settled civil fraud charged level by the SEC. Yes he had to pay a 67.5 million dollar fine, but that’s a fraction of the 521.5 million he’s reported to have received between 2000 and 2008, according to the NY Times.

Bottom line is we agree with the Times that unless the federal government gets more aggressive, and brings in everyone from the Department of Justice to the IRS and the state attorneys and gets them on the same page with an aggressive plan to weed out mortgage fraud, then the ship will never be righted. The banks have been steering us off-course for years, and it’s time for Obama and the government to take the steering wheel for this foreclosure crisis to finally end.

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Hooray for Sheila Bair, a Regulator Who Stood Up for the Little Guy

Tuesday, July 12th, 2011

Three cheers for Sheila Bair, the former head of the FDIC and a true advocate for the little guy, who resigned this week on July 8th. She fought for what is right for the homeowner, the depositor and the taxpayer.

Shelia was probably the only person in the Obama administration who really “got it.”

As a financial regulator, she understood the crisis as we do at Oppenheim Law, on the ground and in the trenches.

Truly the champion of the little guy, Sheila really understood that there were two sets of rules in this country:one set for big banks and another set for everyone else.

Her opinion was always dismissed and considered inferior to that of the Treasury and the Federal Reserve. She knew that the Obama Administration, while maybe understanding the plight of the little guy, always capitulated to the interests of big business, Wall Street and the banks.

Sheila understood that from Day One her responsibility was to protect the consumer, the depositor, the homeowner, and most importantly, the taxpayer.  In a major piece written in the New York Times magazine this past weekend, she questioned why investment banks that were “counterparties” to AIG, like Goldman Sachs, received 100 cents on the dollar from the AIG bailout. Goldman, in fact, received over $12 billion from the bailout. As is well known, many people in the administration were in fact in some way connected to Goldman.

Before the crisis had truly descended upon our nation in 2007, Sheila understood that if banks were required to modify mortgages there was a possibility that the foreclosure crisis which led to the meltdown of the real estate market and subsequent destruction of the economy could possibly be contained.

No one listened to Sheila!

Shelia constantly tried to convince both the Bush and Obama Administrations that something needed to be done, however, her warnings were not heeded until it was too late.

Had the government listened to Shelia on early mortgage modification, it is possible “that the government could have prevented lots of pain and might have helped stabilize the economy a lot sooner,” according to the NYT.

However, Shelia states that maybe one of the reasons that mortgage modifications never really took off was that “maybe people thought that [she] was overstating the problem.” She added that in many cases regulators didn’t believe that borrowers were worth helping.  The sense was that borrowers had probably overstated their income and assets and thus deserved to be thrown out of their homes.

Shelia also felt that the Treasury and the Federal Reserve did not lay the blame with overzealousness and greed on Wall Street but rather with a “system come undone.” We of course know that it was precisely greed on Wall Street that caused the crisis.

Needless to say, we here at Oppenheim Law will miss Sheila Bair and we hope, whatever she does, that she will not give up the good fight for what is right for the homeowner, the depositor and the taxpayer.

Three cheers for Sheila Bair!

From The Trenches,

Roy Oppenheim


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