Posts Tagged ‘foreclosure defense attorneys’

Then and Now: Florida Judge Says: Shut up and mind your own business!

Monday, January 10th, 2011

If we digress for one moment and go back to the end of 2007 or the beginning of 2008 here is the story I will share with you all. I was attending a hearing on behalf of one of our earlier foreclosure clients in the area of foreclosure defense before a prominent Broward County Circuit judge. I witnessed the judge was signing hundreds of summary judgments where people were not being defended. In the case that I was defending there was clearly a mistake in who the bank was and a standing issue concerning the court’s and judge’s jurisdiction along with the authority to rule on this case.

The full Power point is available by clicking here

The full Power point is available by clicking here

It was at that time that I indicated to the judge that even though he was dismissing my case he was continuing to sign the summary judgments against individual borrowers/homeowners who probably had the same meritorious defenses.

The judge looked me in the eye and said, “Do you represent those individuals?”

I looked back and quietly said, “No.” So he told me to “shut up and mind my own business.”

We then engaged in a subsequent conversation where I questioned whether or not he had any obligation whatsoever under the Constitution of Florida and under his oath of office to evaluate the documentation that was being submitted as truthful to him upon which he was signing summary judgments.

He initially engaged me in a conversation and then in the middle and in open court said, “Counselor, if you continue to proceed with this discussion I will hold you in contempt.”
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The Foreclosure Fraud Files Released! Thanks to Florida Defense Attorneys

Friday, January 7th, 2011

Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases”, that’s the name of the presentation made to the Florida Association of Court Clerks and Controllers by the Attorney General’s office of the State of Florida.

The title speaks for itself. The presentation is truly fascinating and intriguing but in some ways very disappointing. It is a poor reflection of our own society.

The full Power point is available by clicking here

The full Power point is available by clicking here

The Report is summarized by Kimberly Miller of the Palm Beach Post both in the Palm Beach Post and in the Fort Lauderdale Sun Sentinel.

“What we got from this is the state has had the opportunity to see where the laws have been broken, and frankly, it is in large part thanks to the work of the defense attorneys. They’ve been bringing these defenses up in foreclosure cases for years now,” the Palm Beach County Clerk and Comptroller Sharon Bock said to the media.

Well Ms. Bock, on behalf of the foreclosure defense bar, we appreciate the recognition and the tipping of the hat.

In addition, I want to thank a few people in particular in the foreclosure defense bar who have been a prominent voice and continue to provide information to the public about this mortgage foreclosure fraud crisis.

Most notably, April Charney from the Jacksonville Area Legal Aid, has been championing this cause for probably close to two decades. Peter Ticktin has taken probably more depositions of bank officers and robo-signers than any other lawyer in the country. Matt Weidner has a wonderful blog that many people visit on a regular basis. Prince Donnahoe keeps his fellow colleagues always in the know. Dawn Rappaport has prepared a handbook for consumers on how to deal with the foreclosure crisis. Margery Golant continues to provide good media relations to the public and the press concerning this crisis. Thomas Ice and his associates at Ice Legal have taken some brilliant depositions and have gone up against the judges and in many cases have challenged, appealed and won these cases. Of course there are many other attorneys who fall into this special class and I thank all of my peers who have contributed to this cause.
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Top 2010 Foreclosure Headlines from South Florida Law Blog

Wednesday, December 29th, 2010

As we approach the close of one of the most historical years in Florida real estate, the South Florida Law Blog wants to thank all of you for supporting our efforts throughout the year. In case you missed some posts, we are highlighting some of the interesting twists and turns the past year has delivered from “what to tell your kids about foreclosure” to the breaking of the foreclosure fraud crisis. If you have any suggestions for topics you’d like us to cover in 2011, or ways we can improve the blog, please let us know.

Top 2010 Foreclosure Headlines from South Florida Law Blog

In the meantime, here are the top 2010 headlines from South Florida Law blog:

1. What to Tell Our Kids About Foreclosure: From the Heart

2. Roy Oppenheim on “Asset Protection” Discusses Deficiency Judgments and Homeowner Negotiating Power

3. Even More Embarrassment for Banks: Foreclosure Fraud

4. Roy Oppenheim on Strategic Foreclosure: Shay’s Rebellion 2.0

5. Back To School: Learn the ABC’s and D for Deflation?

6. How the Banks Aren’t Playing Fair: CBS News, Roy Oppenheim Talks with Investigative Reporter Stephen Stock

7. Roy Oppenheim to the Wall Street Journal: “Your editorial will make future investors think twice about entire system”

8. Cracked! Humpty Dumpty, Chase, and GMAC: The Bank Mortgage Foreclosure Fraud Crisis Continues to Fall by Roy Oppenheim

9. The F Words: Fraud and Foreclosure – Watch Roy Oppenheim’s Workshop Replay on Bank Fraud and Mortgage Foreclosure
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Oppenheim Law Looks Back at “The Year of Foreclosure” + Ahead to Florida Foreclosure Defense in 2010

Monday, December 28th, 2009

As I write this, I’m preparing for a two-week trip to South America with my family (packing my bags now). By the time you read this, I hope to be relaxing and enjoying the opportunity to reconnect and recharge.

But first some last words for the year…

It’s hard to believe the South Florida Law Blog is now approaching its one-year anniversary!

When Oppenheim Law unveiled the South Florida Law Blog, not even my own wife, kids, sibling or in-laws would subscribe. When I wrote, it seemed only to be for the invisible search engines that provide little substantive feedback.

But slowly, ever so slowly, YOU started subscribing. Oppenheim Law’s early readers commented frequently, as did our Facebook fans. You all pushed our Florida foreclosure defense team, supported Oppenheim Law and gave me more encouragement than I ever deserved or expected. In fact, it was never me that propelled the blog but the cutting-edge subject matter and helpful content. Now we have thousands of online subscribers and it’s growing every day.

Throughout 2009, Oppenheim Law found ways for families facing Florida foreclosure to stay in their homes, even against the most improbable odds. My recent appointment by the Florida Bar to a committee that addresses Florida foreclosure-related issues is a testament to the collective efforts of Oppenheim Law’s foreclosure defense team. At first, our foreclosure defense attorneys considered ourselves the underdog. But now, with so many other attorneys emulating Oppenheim Law’s tactics, the playing field is becoming a little more balanced.

The banks and our public officials in Washington undeniably let us down. They demonstrated unbelievable hypocrisy in bailing out the largest financial institutions with taxpayer money while expecting families to fashion their own bailout. The U.S. Treasury looked the other way when the very bankers who caused the crisis were paid multi-million dollar bonuses with tax payer funds, while folks underwater and unemployed continued to drown. And through it all, Washington looks on and takes political contributions from the banks. Sometimes, I think Washington is just fiddling as Nero did while Rome burned to the ground.
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