Posts Tagged ‘foreclosures’

Fast foreclosure [HB 87] bill is a bad idea Roy Oppenheim tells Channel 2′s Helen Ferre

Wednesday, June 5th, 2013

issues

It’s been nearly a week since the fast foreclosure bill HB 87 landed on Gov. Rick Scott’s desk for his signature. The bill, passed by the Florida Legislature during the last session, would speed up foreclosures and, in the process, deny many homeowners whose homes have been foreclosed upon their due process rights.

With thousands of foreclosure cases languishing in the court system, proponents have said there is a need to push them through.

But real estate and foreclosure defense attorney Roy Oppenheim, who appeared on Channel 2 “Issues” with Helen Ferre to discuss the bill, explains why he has been urging Gov. Scott to veto it.

Rather than help to clear the backlog of foreclosures, Roy believes it actually will impede the foreclosure process. He said the bill will change the rules in such a way as to have retroactive and constitutional effects and essentially distort the entire foreclosure process.

An outspoken opponent of HB 87, Roy sent a letter to Gov. Scott urging him to veto the measure.

The bill, if approved, will benefit lawyers because without them homeowners will not be able to get a fair shake, he told Ferre.

Want to hear more? Click here to see the entire Channel 2 interview.

Real estate and foreclosure defense attorney, Roy Oppenheim left Wall Street for Main Street, founding Oppenheim Law along with his wife Ellen in 1989 in Fort Lauderdale, Florida. He also is vice president of Weston Title and creator of the South Florida Law Blog, named the best business and technology blog by the South Florida Sun-Sentinel. Follow Roy on Twitter at @OpLaw or like Oppenheim Law on Facebook .

Florida’s foreclosure dilemma: Who’s on first?

Friday, May 31st, 2013

Florida's foreclosure dilemma. HB 87 speeds up foreclosures and denies homeowners due process rights and it is unconstitutional.

Foreclosures: Something near and dear to Roy Oppenhiem’s heart. “Who’s on First” represents the state in which homeowners’ find themselves regarding certain due process rights which allow them to have a fair trial. HB 87 speeds up the docket, thus waiving a homeowner’s right to a fair trial.

The following publication was written by Roy Oppenheim, Oppenheim Law for the South Florida Law Blog.

Last week, I attended “A View from the Bench,” a semiannual rite sponsored for the past several years by The Daily Business Review. For the past few years, the topic has been one that is near and dear to my heart: Foreclosures. The nice thing about these forums is that they bring together a number of judges, as well practitioners, who either represent banks or homeowners, for what I think is a lively discussion about the state of foreclosure jurisprudence in Florida and particularly in South Florida.

If I was asked to summarize the event, or provide a comment that represented the major takeaway from the four-hour seminar, I would suggest that it would be one of the remarks made by one of the jurists as it relates to the Abbott and Costello slapstick comedy team when they performed their well-known “Who’s on First?” routine. In that dialogue it becomes clear that no one knows who’s on first base, on second, or third and the whole discussion reflects a big mess.

That is the current state of foreclosure in Florida. The big issue that everyone was asking was whether the governor would sign a new foreclosure bill (HB 87) that in some ways would make it more difficult for the banks to foreclose and provide homeowners certain rights, while at the same time deny homeowners certain due process rights and have the law apply in many ways retroactively in a fashion that is unconstitutional. The proposed law would further enshrine the idea of a permanent class of retired judges who are not truly accountable to anyone.
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Roy Oppenheim from the Trenches: The State of Real Estate

Sunday, May 19th, 2013

arrow upSouth Florida real estate and foreclosure defense attorney Roy Oppenheim has been keeping his ear to the ground as the real estate market begins to heat up. In a recent article in U.S.A Today, Oppenheim was quoted as saying that lenders are pushing through foreclosures now because the values are up. Meantime, investors have been fueling the recovery, driving prices higher.

In his most recent “From the Trenches” video, Oppenheim talks about the fact that it’s become a seller’s market. When it comes to short sales, Oppenheim says it’s not unusual to see multiple offers. This is having a trickle down effect on the rest of the economy. Construction is starting to heat up, movers benefit as do realtors, mortgage brokers, real estate attorneys and title companies.

Last week, the U.S. Commerce Department reported applications for new construction rose to a five-year high. Building permits shot up 14 percent, the highest since June 2008. That indicates not only is the economy starting to simmer, but that more potential home buyers are dipping their toes into the real estate market.

However, we are not out of the woods yet, according to Roy, since so-called “rocket dockets” continue to plague those already in foreclosure.

Find out more of what Oppenheim has to say about the housing recovery by watching his video.

Real estate and foreclosure defense attorney, Roy Oppenheim left Wall Street for Main Street, founding Oppenheim Law along with his wife Ellen in 1989 in Fort Lauderdale, Florida. He also is vice president of Weston Title and creator of the South Florida Law Blog, named the best business and technology blog by the South Florida Sun-Sentinel. Follow Roy on Twitter at @OpLaw or like Oppenheim Law on Facebook

Dear Gov. Scott: HB 87 Foreclosure legislation violates constitution

Wednesday, May 15th, 2013

US Foreclosures

House Bill 87 Expedites the Foreclosure Process

Gov. Rick Scott must decide soon whether he will sign into law a bill designed to speed up the residential mortgage foreclosure process.

Supporters of House Bill 87 say they hope it will help ease a foreclosure backlog and rejuvenate the housing sector. But there is cause for alarm as the bill could push homeowners out of their residences without the due process to which they are entitled.

Real estate attorney Roy Oppenheim sent the following letter to Gov. Scott asking him not to make this bill become the law of the land.

As a practicing real estate attorney for 26 years who represents homeowners in foreclosure, and a national legal commentator for U.S. News and World Report and Yahoo!, I would like to take this opportunity to comment on Florida House Bill 87, which is before you for signature.

Based on my review of the bill and my first-hand experience in various courthouses in the state defending foreclosures, I find the proposed bill highly inappropriate in that it violates the constitutional tenant of Ex Post Facto through retroactive application of the law to rights of residential property owners.

When you vetoed Senate Bill 718 concerning alimony reform and stated that you would not support [the] legislation because it applies retroactively and thus tampers with the settled economic “expectations of many Floridians.” You went on to add that the retroactive nature of the bill “could result in unfair, unanticipated results.”

Florida House Bill 87 would likewise apply retroactively to “all mortgages encumbering real property and all promissory notes secured by a mortgage, whether executed before, on or after the effective date” of the bill.
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