Posts Tagged ‘foreclosure process’

South Florida falls to third in national foreclosure rankings

Monday, May 13th, 2013

Written By Paul Owers, Sun Sentinel 5:37 a.m. EDT, May 9, 2013 and republished in The South Florida Law Blog with excerpts from Roy Oppenheim.

South Florida third in national foreclosure rankings - Sun Sentinel - Roy Oppenheim

S. Fla falls to third in national foreclosure rankings. Lenders must prove they can foreclose before filing and some say bill restricts due-process rights.

South Florida has relinquished its ranking as the nation’s top spot for foreclosures.

After posting 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.

One in every 269 homes in the tri-county region was in some stage of foreclosure last month, RealtyTrac said. Akron, Ohio, ranked first, at one in 211 homes, and Ocala was second at one in 225 homes.

The Irvine, Calif.-based listing firm monitors public records for three types of foreclosure filings: new cases, scheduled auctions and bank repossessions.

South Florida had 9,127 total filings in April, up slightly from a year earlier, but new cases declined by 35 percent, said Daren Blomquist, a spokesman for RealtyTrac.

“It appears that lenders have caught up with these delayed foreclosures,” he said. “Banks are pushing through the backlog, so we’re getting closer to seeing a resolution with these distressed homes.”

Foreclosures mounted across the country during the housing bust. But some lenders held back on filings starting in late 2010 over concerns about possible paperwork errors.

While Florida last month had the nation’s second-highest foreclosure rate, after Nevada, filings are down sharply across the Sunshine State since the 2009 peak, Blomquist said.
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Senate passes bill speeding up foreclosure process

Tuesday, May 7th, 2013

The original article was written by Adolfo Pesquera, Daily Business Review, May 6, 2013 with quotes from Roy Oppenheim republished in part in the South Florida Law Blog.

Florida Senate passes legislature bill. The Florida Senate sent a mortgage foreclosure bill to the governor Friday with a goal of accelerating foreclosures.

The Senate version was tabled Thursday in favor of Florida House Bill 87, which passed the House by an 87-26 vote April 29.

The legislation, which was pushed by State Rep. Kathleen Passidomo of Naples, was positioned as a way to stabilize South Florida’s housing market. It reduces the Florida statute of limitations for deficiency judgments on a foreclosure action to one year from five years and requires the person filing the foreclosure to give the court information about lost, destroyed or stolen promissory notes as a safeguard against wrongful filings.

Real estate defense attorney Roy D. Oppenheim said the governor may veto the bill because it is retroactive, a condition that led him to veto an alimony bill that passed the Legislature by a super majority.

Oppenheim, managing part of Oppenheim & Pilelsky in Weston, accused the bill’s supporters of passing it through a process of smoke and mirrors.

It skipped the Senate appropriations committee, and “they presented the House bill as the Senate bill, he said.

“Talk about craziness, Oppenheim said. “The process has been so shameful and disrespectful to the order of law and our Constitution.”

Foreclosure defense attorneys generally opposed the bill because it would expedite the foreclosure process by cutting down the time homeowners have to defend themselves and by holding expedited trials.

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The State of Foreclosure: Same As It Ever Was, Same As It Ever Was

Thursday, November 15th, 2012
Same As It Ever Was -- Same As It Ever Was

Foreclosures in Florida – Same As It Ever Was (Courtesy: Talking Heads)

Maybe it is because foreclosures were merely a blip on the radar during the presidential election.

Maybe it is the fact that the home prices are looking healthier than they have in years.

Regardless, some people have been lulled into a false sense of security about the state of foreclosures here in South Florida. To my amazement, I will get the occasional phone call, asking if we are still doing foreclosure defense.

The short answer is, of course! While there are less homes starting the foreclosure process, there remains a backlog of foreclosure cases in Florida and in other judicial foreclosure states. Banks are still trying to illegally throw people out of their homes, and so I am still defending many of those homeowners.

Florida remains on the top of the list for states with foreclosure activity, with a filing rate more than double the national average. In Dade County, there are still 60,000 foreclosure cases on the books. In Broward there are 43,000. 1,800 new foreclosures were filed just in Broward County alone last month, which is a substantial increase.

This is partly due to the return of the zombie foreclosures. Those are the David Stern files that were dismissed by the court. Now those cases have now been transferred and they are coming out of storage.

New attorneys are taking these cases, and those homeowners will have to dig in their heels and start their fight all over again.
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What I Tell Clients Who Receive a Foreclosure Notice

Monday, August 13th, 2012

A version of this blog was originally published on Yahoo! Homes and is being republished on South Florida Law Blog with their permission.

US ForeclosuresAs a real estate attorney, I’ve had plenty of prospective clients come to my office after being served with a foreclosure notice. It is safe to say they are usually not in a good mood; they are usually scared.

And the truth is I would be too. Foreclosure can be a scary process for even the most legally astute homeowner.

When a homeowner walks into my office for that first time, there is one question that comes up almost every time. It’s a basic yet very essential question to anyone under the threat of foreclosure…

What do I do next?

It may seem obvious, but there is one thing I would advise a homeowner to never, ever do — and that is nothing.

Sadly, that is the option I have seen too many homeowners take. Sometimes they see an unfamiliar lender’s name on the notice, and assume it’s a mistake. Or they believe that foreclosure is inevitable, and there is nothing they they can do to fight it.

The clock is ticking

Either way the reality is this: how long a homeowner waits to address a foreclosure notice has a direct correlation to the options that will be available to them.

In most states, you have 20 to 30 days to reply to a complaint; here in Florida it is 20 days.

In my experience, homeowners who don’t respond will probably end up with a clerk’s judgment and in default.
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