The banks are terrified they might actually be held accountable for their actions!

If you haven’t already heard, there is a monumental case that was heard Thursday morning in the Florida Supreme Court, and every single homeowner should be paying close attention to this case.

To watch a replay of the oral arguments, please click here.

The case is Roman Pino vs. Bank of New York. It involves all the customary fraud I have seen in countless cases.

Missing documents, fraudulent assignments, fraudulents notaries, and forged documents, and a bank once again trying to shuffle it’s dirty deeds under the rug like loose dirt.

When Bank of New York first tried to foreclose on Pino, a regular working guy from Greenacres who fell behind on his mortgage when his business dried up, there was no assignment of mortgage.

So Bank Of New York’s lawyers tried to re-file with a new assignment, one which was fraudulently backdated (AKA robosigned).

The bank’s original lawyers, by the way, were from David J. Stern’s office. You know their story.

When our good friend and colleague Tom Ice, Pino’s lawyer, challenged the documents, Bank of New York suddenly decided they didn’t want to foreclosure anymore, dropped their lawsuit and scurried back into their hole.

End of the story??

Not even close. Ice continued to dog Bank of New York like a pitbull, because he, believe it or not, also thinks the banks need to actually be held accountable! (Remarkable I know.)

He tried to have the voluntary dismissal overturned, so that Bank of New York could face sanctions for the forged documents they tried to use to swindle Roman Pino and the court.

Like countless others banks, Bank of New York got their hand caught in the cookie jar. But now they are trying to remove their hand before it slams on them.

While the lower courts have sided with the bank and refused to overturn the dismissal, the 4th District Court of Appeal has asked the Supreme Court to weigh in on a question of “great legal importance, which in their own words, “has the potential to impact the mortgage foreclosure crisis”, since “many, many mortgage foreclosures appear tainted with suspect documents.”

The question is whether banks can avoid punishment simply by dropping a foreclosure lawsuit.

So now you know why this case, and the legal implications it carries, has the entire banking industry shaking in their ratskin boots.

Even though Pino has already settled with Bank of New York, and ‘remarkably’ got to keep his home, the effect this decision will have will go far beyond Roman Pino.

It could finally mean justice for homeowners throughout the state of Florida.

The Mortgage Bankers Association and the Florida Bankers Association have filed a brief with the court, as have the American Land Title Association and the Florida Land Title Association.

Guess who they are backing?

All of these organizations are asking the Court to rule in Bank of New York’s favor, so they can continue the status quo.

The banks are playing a shell game, trying to get the Court to overlook the obvious frauds committed by Bank of New York, all in the name of a “potentially devastating” economic effect a judgement against Bank of New York might have.

In their brief the Bankers Associations claim that banks will write less home loans if they can’t dismiss and then re-file a foreclosure.

Is that a threat?

What they are really saying is ‘Just let us keep doing what we’ve been doing, and let’s forget all about the rules of law.”

The housing market will be just fine. This is a scare tactic on the part of the banks, so please don’t be fooled. They are just worried their con-game will come to an end.

What the Pino case is really about is the court protecting the integrity of the judicial system and protecting the constitution. It is imperative for court to rule against Bank of New York to keep its own integrity above repute.

It’s unfathomable that a bank could simply avoid punishment for a crime that would land you or me in jail just because they decided to drop their lawsuit.

Bank of New York is arguing the case should be left alone, because engaging in fraud is not reason enough to overturn the dismissal.

If the justices dismiss this case, banks will be able to walk away from their transgressions whenever they choose. It’s not only inappropriate, but outrageous.

Roman Pino vs Bank of New York goes to the heart of protecting our constitutional democracy, and it’s critical that the Florida Supreme Court reign in the illegal conduct and behavior of the banks, because as Ice wrote in his brief, the court should not “draw a line that protects wrongdoers and blesses fraud upon the court.”

If the justices side with the banks they will be encouraging continued falsehoods, their impartiality will be implicated, and a form a anarchy that will ultimately lead to total disrespect for our constitutional principles will be unleashed.

From The Trenches,

Roy Oppenheim

Florida Attorney General Pam Bondi

She is openly soliciting your suggestions through her website from now until May 14th. As a foreclosure defense attorney and one of the people on the front lines of the housing crisis, I have more than a few ideas.

So Pam, please consider this my open letter to you and your office.

First and foremost, here is what you should NOT do with the money. Don’t throw it at principal reduction. It will have virtually no impact on Florida’s communities, it would be like throwing the money into quicksand.

So far, Florida’s efforts to offer financial relief to homeowners have just fallen flat.

Florida’s Hardest Hit program just hasn’t worked, and even recent changes to the program’s requirements will not help it reach enough people.

Move The Banks Out of Your Cities

What you need to do Ms. Bondi, is use the money to make systemic changes to Florida’s housing market.

First, give the money to your towns and cities to clear out Florida’s foreclosure blight. Blight caused by the abundance of abandoned homes the banks own, but refuse to take care of.

I’ve long told my readers that banks are bad neighbors, and the Sun-Sentinel now has the numbers that make my case.

Ms. Bondi, despite what your boss says, banks are the problem and you need to get them out of your cities and towns. Give your local governments the ammo to do it.

Your local cities are already going after the banks to try to force them to maintain their homes, as any property owner SHOULD do, but liens and fines mean nothing to these “Too Big To Fail” banks.

So give the money to local Florida municipalities so they can condemn and demolish these eyesores. Then let the cities buy these properties from the banks at their ‘true value’ and auction them off. Let new homes be built.

This will stabilize Florida’s neighborhoods and the real estate market, and in the end reduce suburban blight.

Take Back Your Property Records

Next, support your local clerks by giving them some of the money to support their investigations into MERS. Banks have violated the rules of real estate ownership with this fraudulent record keeping system and thankfully a few clerks, both in Florida and across the country have taken action by filing lawsuits against MERS.

This is the type of action you need to be encouraging and funding. MERS has destroyed our recordation system and turned what once was one of America’s strongest selling points and turned it into a laughing stock.

Our ability to control property ownership records used to be protected by our government, but over the last few years records have been bastardized and suddenly we’re more concerned with protecting banks ownership interests instead of the rights of regular citizens.

The banks have lost control over their own mortgages and it’s time to give your clerks the ability to seize control of these records back from the banks.

Give All Your Constituents Access to Legal Counsel

Lastly, it’s important that anyone have the access to good legal advice when defending their home. Not everyone can afford to hire a foreclosure defense attorney, and when homeowners go without representation, the banks trample all over them.

There are not-for-profit legal counsels offering help to homeowners, but many are understaffed or undertrained. Pam you could help fund these centers with the foreclosure settlement money,

If needed, use the money to offer specialized training to their staffs, so they can offer the same legal advice I offer to my clients.

Homeowners need help in undoing the wholesale violation of their property and constitutional rights, rights which are the bedrock of this nation. They need these rights restored.

Finally if you have any funds left bring an anti-trust action yourself, on the grounds that the banks are too big, anti-competitive and have harmed the state.

From The Trenches,

Roy Oppenheim

Not only is America’s foreclosure crisis still going strong, it now comes with even more fraud and deception.

With heightened media coverage surrounding the recent national mortgage settlement and refinements to government assistance programs, experts say selling “the schtick” has only become easier for criminals. But there are red flags consumers can watch out for when trying to determine whether or not an organization is legit.

First, homeowners should never have to pay anything up front for a loan modification or information on how to negotiate with their lender, says Roy Oppenheim, whose Florida-based law firm Oppenheim Law has handled more than 1,000 mortgage and foreclosure fraud cases over the past 5 years.

“If you’re paying upfront to a non-lawyer who’s claiming they can modify your loan, that’s a big scam,” Oppenheim says.

Read More from US News and World Report

Short Sales Soar as Home Foreclosures Fall

The foreclosure crisis isn’t over, but a new trend in real estate sales could be the light at the end of the tunnel for many borrowers and lenders. Short sales, which occur when homeowners sell their homes for less than what they still owe, outpaced foreclosures for the first time ever in January,according to a new report from Lender Processing Services, Inc.

The Federal Housing Finance Agency announced this month that mortgage servicers will be required to review and respond to short sale offers within 30 days and make final sale decisions within 60 days. The new requirements, which take effect in June, have kept lenders busy expanding and training the staff needed to catch up with growing short sale demand.

“When the robosigning crisis hit, there was effectively an 18-month moratorium on foreclosures,” said Roy Oppenheim, a foreclosure defense attorney with Oppenheim Law in South Florida. “The banks got caught with their hand in the cookie jar and the lid slammed closed on it. Fraud, robosigning — it all came to a stop. But through this $25 billion settlement, they’re using the crisis to their advantage. The settlement creates a major incentive for the banks to do short sales.”

Read More from Lawyers.com

Short sales pick up in housing market

Lenders are pricing short sales more aggressively, RealtyTrac adds. In January, the average short sale price was 10% lower than a year earlier, exceeding the drop in U.S.home prices.

Some mortgage servicers started pursuing short sales more aggressively months ago. Bank of America says it did 107,000 short sales last year, up from 92,000 in 2010 and double the 2009 volume. New measures are also likely to boost short sales.

Freddie Mac and Fannie Mae, which own or guarantee 60% of home loans, will soon require lenders to decide short sale offers within 60 days. Realtors have complained that short sale offers often linger. The recent $25 billion mortgage settlement also encourages short sales.

New rules have slowed foreclosures in many states, increasing short sales, says Florida foreclosure defense attorney Roy Oppenheim.

Read More from USA Today

Maybe you weren’t convinced the first time I told you the era of the short sale was finally upon us.

I can’t blame you for thinking that banks were acting irrationally when it comes to the foreclosure process.

But Lender Processing Services just offered up the most convincing numbers to date that short sales are no longer just some pie-in-the-sky dream for distressed underwater borrowers.

For the first time in the US, LPS says there were more short sales in a single month then there were foreclosures.

In January short sales made up 23.9 percent of home sales, while foreclosure sales made up 19.7 percent of all home purchases.

Of course that means that over half of all real estate closings are for distressed homes.

A year before, the percentages were skewered in the opposite direction. In January 2011, 16.3 percent of home purchases came through short sales, and 24.9 percent were foreclosures.

Why are the banks now convinced, as I was long ago, that going through the long and harrowing process of a foreclosure is not their best option?

The proof is once again in the numbers. On average, foreclosed homes sold for 29 percent less than non-distressed properties in January.

Homes sold via short sale? They went for 23 percent less. Here in Florida, LPS says short sales have outnumbered foreclosures since July.

That means short sales are a better deal for the banks, plain and simple.

The truth is banks don’t want to own these properties, they certainly can’t handle maintaining these homes, and they just end up laying waste to neighborhoods by hanging on to them.

It’s just better for banks to sell the home and get a new buyer inside, rather than engage in a legal battle with a homeowner over whether they even have the right to foreclose in the first place!

And it’s better for homeowners who want to walk away from their homes, because they can do so legally, and leave the threat of foreclosure behind for good. It’s simple logic, yet it took the banks eons to come to this conclusion.

At Oppenheim Law we’ve saved homeowners over 22 million dollars in deficiencies. Homeowners are able to walk away from their obligations without any lingering repercussions of a deficiency judgement chasing them around for 20 years.

The bottom line it’s just sound business sense for banks, and its the best way to legally walk away from your underwater mortgage.

From The Trenches

Roy Oppenheim

Judge Signs $25 Billion Foreclosure Settlement

It’s finally official. The so-called $25 billion foreclosure settlement has been signed off by a federal judge.

This comes after the settlement was filed in court last month. DC District Judge Rosemary Collyer did the honors Wednesday.

I won’t rehash my thoughts about what’s good and what’s bad about this settlement. Everything that needs to be said about it has been said.

You and I know that the banks will get more of a pass than they are entitled to for all of their robosigning shenanigans. In reality they are really only paying out about $5 billion in actual money, and I’ve still haven’t seen a single banking officer jailed.

Just remember this fight ain’t over yet!. This settlement was a necessary step, in order for the feds to move on to their investigation into securitized trusts.

THAT is where the banks will hopefully get what’s really coming to them.

Mortgage settlement oversight begins in North Carolina

Now that the settlement is official, the new government agency that will be watching the banks is now open for business.

North Carolina Banking Commissioner Joseph Smith is going to oversee the office and how the banks will receive “credits” towards the settlement for providing homeowners mortgage relief.

Relief, unfortunately, will often come in the form of transactions, such as short sales, that the banks were already doing before the settlement was announced.

“By itself, this settlement will not remedy every problem that system faces. But trust in our mortgage system can move forward if we use this opportunity to show fairness, transparency and accountability,” Smith said. “

Let’s hope!

“Dramatic” 65 percent increase in Palm Beach County foreclosures

Just as I predicted! Last month I told the Palm Beach Post that banks had been given the green light to prosecute new foreclosure cases, and lo and behold, that is exactly what has happened.

The Post now reports that Palm Beach County saw a 65.4 percent increase in new foreclosure filings last month, compared to March of 2011.

Palm Beach Clerk and Comptroller Sharon Bock called the jump “dramatic”. I call it completely expected. The settlement has given banks a road map on how to proceed.

But as I have already said, with the Clerk’s Office about to have their budget significantly reduced, you will see another logjam in the court system.

Without the necessary support staff, it will be nearly impossible for the courts to keep up with the banks.

Fed lays out rules for banks to rent REOs

Another idea I’ve long advocated is beginning to see the light of day.

The Federal Reserve has laid out the groundwork on how banks can rent out foreclosed homes. There is nothing to be gained by allowing homes to remain empty, so this is an absolutely necessary step if the housing market is going to recover.

Of course there are many landlord/tenant, state and federal housing regulations that will need to be followed, and we can’t trust the banks to be good landlords on their own.

In their report the Federal Reserve says that banks “should use a framework that appropriately records the organizations’ rental decisions and transactions as they take place”

Let’s just hope that those records are better than the ones the banks kept during the robosigning era.

HA!!

Have a great Passover and Easter Holiday!

Man I just love it when the banks eat their own!

It’s even better when they start using MY arguments to do it. The very same arguments I’ve used to defend my clients.

The essential problem is this, securitized trusts, the ones your homes were bought and sold into, weren’t always mortgage-backed!

I’ve long had questions about the validity of these REMICs, and now the banks are making my case for me! Thanks guys!

HSH Nordbank AG is now suing Barclays N.Y. after they bought $46 million in residential mortgage-backed securities from them.

Investigators for HSH Nordbank claim that none of the 2,000 mortgage loans they sampled had actually been assigned into the trusts when they were sold.

So if they tried to foreclose on some of these properties, it made it very difficult for them to do so, the lawsuit alleges.

Had they realized the mortgages weren’t properly assigned, they never would have bought the securities in the first place, HSH Nordbank’s lawyers say.

As I’ve always said, it goes back to making the banks prove who owns your mortgage. HSH Nordbank basically is admitting that they couldn’t do exactly that! Now this isn’t exactly a new phenomenon.

I blogged about a similar lawsuit involving AIG and Bank of America last year. But the banks, it seems have, clearly have not learned their lesson.

According to the lawsuit, Barclays overstated the value of these loans in order to sell them off. It’s being alleged that these loans did not meet the underwriting standards of the mortgage securities that HSH Nordbank was buying into.

“For each of the securitizations, the offering documents materially overstated the percentage of loans that were owner-occupied, and thus materially understated the certificates’ degree of risk,” the lawsuit says, according to the Wall Street Journal.

Translation, Barclays was allegedly offering up homeowners as collateral.

Homeowners that didn’t always exist.

So don’t feel bad homeowners, you’re not the only ones who the banks will lie to or steal from in order to make a buck.

They are doing it to themselves too!

This is what Eric Schneiderman and his RMBS working group are now investigating.

I’ve talked about the robosigning scandal so many times I’ve lost count, but it’s with these securitized trusts where the banks culpability really lies.

The banks sold these mortgages into these very loosely bundled trusts so fast it makes a NASCAR race seem slow, and they needed robosigning to cover up that fact.

Banks got sloppy, didn’t do their homework, and now they are all getting called on the carpet for it.

But not just by me, by other banks!

These securitized trusts’ tax-exempt status are clearly now being put into question because of lawsuits such as this, and that’s where Schneiderman is going to get the banks.

Trust me, when the next settlement comes, and it is coming, no one is going to be talking about robosigning.

You can quote me on that!

Bill extends Mortgage Debt Relief Act of 2007

I warned you earlier this month that if you’re considering a short sale, the time to get the ball rolling is now.

That’s because the Mortgage Debt Relief Act, which was passed in 2007, is set to expire at the end of this year. If that happens you’ll have to pay taxes on any forgiven debt that comes out of a short sale.

I remain skeptical that Congress, in this election year, will come through and extend the MDRA, but at least some Congressmen haven’t forgotten how important this legislation is. Then again, in an election year anything is possible.

U.S. Reps. Jim McDermott, D-Wash., Shelley Berkley, D-Nev., and John Larson, D-Conn., have introduced the Homeowners Tax Fairness Act. It would extend the Mortgage Debt Relief Act for another three years.

Let’s hope Congress gets their act together and passes this bill.

NY Foreclosure Case Could Be A Game Changer

It remains to be seen if a foreclosure dismissal will have an impact here in Florida, but none the less it has the chance to be a real game changer.

The case is OneWest Bank, FSC vs Galli. OneWest had tried for a partial summary judgement against the Gallis, but the judge in the case denied it and instead ruled in favor of Mr. and Mrs. Galli.

As I’ve always said, you have to make the banks prove they own the note, but in reality it’s more than that. I could pick up a note off the street and say I owned it, but it wouldn’t necessarily be true.

But Judge John Maltese correctly pointed out that MERS (the illegal entity the big banks set up to subvert the recordation system of our country) had assigned this mortgage several times before OneWest even came into the picture, something the judge ruled MERS did not have the right to do.

By the judge’s own words, “How the plaintiff came into possession of the mortgages and notes in this case is suspect.”

We have rules in place for a reason, rules the banks constantly try to skirt, so thank you to Judge Maltese for not allowing it in this case.

How Quilting Can Explain The Foreclosure Crisis

I never thought I’d use the words quilting and foreclosure in the same sentence, but there’s a first time for everything right?

San Francisco artist Kathryn Clark once worked as an urban planner, and her response to seeing people losing their homes was to turn neighborhood maps into a quilt, with an empty spot representing a foreclosed home.

The result is simple, yet a haunting example of what foreclosure can do to a neighborhood.

Even if you’ve never had to face foreclosure up front, I doubt you can look at one of her quilts and not come away with an understanding of just how widespread the foreclosure crisis is.

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

Banking officials, as a general rule, are old school. They are very resistant to change, and usually refuse to think outside of the box.

Over the years I’ve seen the banks hold little to no regard for the customers they serve. Their philosophy has essentially been ‘You can’t pay your mortgage, then out on your butt you go!’

Forget that they’ve screwed people, or caused the worst recession in 80 years.

Forget that homeowners often have good reasons for not being able to pay. Banks have had very little heart and even less common sense.

So I was blown away by Bank of America’s new test program, called “Mortgage to Lease”, which was unveiled this week. In a few select markets, BofA will give about 1,000 customers facing foreclosure the chance to stay in their homes by turning them into renters.

Bank of America will offer these borrowers the opportunity to have their mortgage debts forgiven, and instead of kicking them to the curb, BofA will lease these homes back to the borrower for up to 3 years for less than the market rental rate.

No more mortgage, no more property taxes or homeowners insurance! And people can stay in their homes! Imagine that!

Turning foreclosure properties into rentals is an idea I’ve long advocated. It only took Bank of America a few years to listen to me!

I was wondering why now, what finally turned Bank of America over to my way of thinking?

I could tell you that Bank of America’s small heart grew three sizes like the Grinch’s, but we all know that’s not true.

The answer is “Project X”. Not a top secret government project, just a movie that came out a few weeks ago. In the film a few teens throw an over-the-top house party and their neighborhood literally goes up in flames.

Any why would a teen comedy catch banking executives’ attention? Because it inspired a wave of copycat parties, where hundreds descended on homes and treated the properties like their own personal playgrounds.

There’s been violence, there has been destruction, in one case there was even a death.

Where the movie’s party took place in one of the main character’s homes, these copycats happened in abandoned houses.

I can almost guarantee most if not all of these parties were in foreclosed homes, now owned by, you guessed it, the BANKS!

And there’s your answer. I don’t think it’s a coincidence that a few weeks after Project X inspired these crazy parties, that Mortgage to Lease came about.

Bank of America didn’t want to be responsible for cleaning up any more damaged homes, Or heaven forbid they have another death on their hands.

It’s better for them to take a financial hit and keep their customers in their homes.

Occupied homes means better neighbors, less crime, more stable neighborhoods, higher home values and no Project X in your own backyard!

As I’ve always said, it comes down to common sense. Abandoned home are good for no one, not even the banks.

If Bank of America had just listened to me from the get go, they wouldn’t have to worry about Project X, rather they could have allowed us to continue to ‘Occupy our Homes’!