Posts Tagged ‘foreclosure’

Independent Foreclosure Review: R.I.P.

Thursday, January 10th, 2013

Roy Oppenheim’s commentary was originally published on Yahoo Homes! and is being redistributed on South Florida Law Blog with their permission.

RIP GravestoneThe Independent Foreclosure Reviewis dead. Long live the Independent Foreclosure Review.

When word came out about this so-called “independent” process last year, few bought into it. I certainly never did, and most homeowners knew from the beginning that it lacked any pretense of integrity.

It essentially came out of last year’s $25 billion mortgage settlement, as a way to placate those victimized during the robosigning era. But the banks, if they weren’t in charge, still had their hand in how the program was plotted from the very beginning.

It was never independent, that was the biggest oxymoron if there ever was one. Banks hired the reviewers, who were basically unemployed ex-mortgage brokers; paid the reviewers; in some cases actually provided answers to them.

This program was a contaminated cesspool from the very start. It was unsalvageable, and it was never going to do anything for any true victims of foreclosure.

The whole thing was a hoax.

So as this latest $8.5 billion settlement with 10 of the largest banks and servicers goes public, perhaps the best news is this sham of a review process is going the way of Old Yeller.

The irony of course is that the banks, and not the homeowners, were the ones who pulled the trigger. They realized it was better to throw in the towel now than face their own mistakes.

The mistakes they once told us didn’t exist but in fact were so rampant that these reviews were taking too long and costing too much.
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South Florida’s Rocket Docket Rises Again

Friday, January 4th, 2013

Rocket The last thing I want to do is scold a judge. But once again foreclosure judges down in Miami-Dade are resorting to old habits, and there is no way I can stand by idly and let the rule of law be trampled on.

Because the rocket docket has risen from the grave and returned to South Florida. Don’t believe me?

The judge seeing the cases said it for me! He was quoted in the Miami Herald, calling his court a “rocket docket” and admitting he holds about 50 trials a day.

Courts across Florida have received hundreds of thousands of dollars to add judges and staff to their undermanned courtrooms. That’s good. But the response in Miami-Dade goes right back to pushing homeowners and lenders back onto an industrial pipeline.

It’s pure lunacy. Once again homeowners’ fundamental constitutional rights are being tossed aside by the Court in favor of expediency. So in other words, we are right back where we started.

Is there still a massive backlog clogging the foreclosure courts in Florida? Yes. Will clearing those cases off the docket help our economy move onward and upward?

Absolutely. But fixing the economy has never been, and was never meant to be, the role of the court.
I can’t disagree more with Miami-Dade Judge Jennifer Bailey, who said in the Herald “We’ve been charged by the Supreme Court with this funding to move these cases.’’

Your job, with all due respect, has always been to make sure that the legal process is upheld. Pure and simple.

It is wrong for the court to allow a lender or a servicer to present a case if they don’t have standing, if they aren’t the true owner of the note. It was true during the first round of rocket dockets, and absolutely nothing has changed.
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Economic Homicide, the Mortgage Interest Deduction and the Rule of Law: 2012’s Top Headlines

Wednesday, December 26th, 2012

Top 10Editor’s Note: As we head into 2013, I want to wish all of our readers a Happy New Year from everyone at Oppenheim Law. This has been our most successful year since the South Florida Law Blog was started in 2009. Our posts were seen by nearly 100,000 people, including our readers at Yahoo! Homes, where many of Roy Oppenheim’s blogs first appeared. For everyone who read or shared our content this year, a sincere thank you. Our mission is far from complete, and we look forward to sharing more commentary from the trenches in the New Year.

So without further adieu, here are the headlines that resonated with you over the past 12 months.

#10 — Obamacare, The Foreclosure Crisis and The Rule of Law

During the passing of the healthcare law, it seemed that the president assumed that the government had the ability to force people to buy a product from a private company that they did not necessarily want.

The mandate’s survival in the Supreme Court on a much narrower standard apparently leaves the question far from settled.

I felt that there was little, if any, constitutional analysis done by the president and his team when they decided to pass the mandate, except for the fact that they perceived a compelling need for it.

And that’s how the debate over the healthcare law reminded me of the legal debate during the foreclosure crisis.

Read the full blog here.

#9 — Mortgage Interest Deduction Will Be Capped, and That’s (Probably) a Good Thing

The fiscal cliff contains many, many moving parts, which sometimes tend to get lost in a sea of white noise. But behind all the political grandstanding and theatrics, there are real Main Street issues at play.
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Deconstructing The Black Magic of Securitized Trusts

Wednesday, December 19th, 2012

Below is an abbreviated version of an article written by Roy Oppenheim and Jacquelyn Trask, which was first published this week by Thomson Reuters. The longer version of “Deconstructing The Black Magic of Securitized Trusts” was published earlier this year by the Stetson Law Review.

Black Magic MoneyFrom 2003 to 2007, Florida saw the largest real estate boom in its history. Real estate sold at astonishing prices as people were sold a bill of goods known as the “American Dream.” But for many, that American Dream turned out to be the American Nightmare. From sub-prime mortgage lending and predatory practices by mortgage brokers, lenders and improper securitization of mortgages, this era of economic boom led to the largest crash in the history of the real estate market1, a crash from which Florida has yet to recover, and to which we have not yet seen the end. The full extent of the damage inflicted by these practices has not yet been felt, but millions of homeowners nationwide have suffered from financial crisis, foreclosure and bankruptcy. And what is worse yet is that the systemic fraud and illegal conduct of the banks has continued to pervasively infect court systems throughout the nation; further, the Florida court system has suffered from extreme abuse at the hands of the banks that have high jacked it and effectively turned it into a private collection agency for the banking industry.2

Mortgage securitization is perhaps one of the least understood areas of the real estate industry, and for good reason. With phrases such as mortgage bundling, securitized trusts, and tax-exempt structures known as Real Estate Mortgage Investment Conduits (“REMICS”), there are many terms employed to describe massive collections of bundled mortgages which were broken up and sold off in pieces. While this method of bundling mortgages was once looked at as perhaps the best thing to ever happen to the mortgage industry, allowing large scale investors such as pensions and retirement funds to own interests in mortgages in a way that was deemed “safe,”3 the securitization process has become a nightmare for the American homeowner fighting foreclosure. In fact, the securitization process has made it impossible in many, if not all cases where a mortgage is held in a securitized trust, to determine who actually owns a mortgage and note, a fact which until recently has done little to slow down the foreclosure rocket-docket.4
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