Posts Tagged ‘mortgage’

Housing-related businesses enjoying big bounce-back

Sunday, April 28th, 2013

Written By Paul Owers, Sun Sentinel 4:24 p.m. EDT, April 27, 2013 and republished in The South Florida Law Blog with excerpts from Roy Oppenheim.

Sun Sentinel Story South Florida Businesses Enjoying Big Bounce Back Amidst Real Estate Bubble

Real estate agents aren’t the only ones cashing in on the housing renaissance.

Home inspectors, mortgage brokers, moving companies and other related businesses also are watching their bottom lines grow again after six years in a deep slumber.

“It’s been very busy,” said Scott Dooley, a Fort Lauderdale appraiser. “There aren’t enough hours in the day.”

Roughly 30 percent of South Florida’s economy tanked because of the real estate downturn that started in 2006, Weston lawyer Roy Oppenheim said.

During the housing boom of 2000 to 2005, speculators drove up prices, forcing some buyers to take out adjustable-rate mortgages and other risky loans for homes they couldn’t afford. Prices plummeted and a wave of foreclosures followed, leading to an epic collapse.

Oppenheim’s title company, Weston Title & Escrow, lost 80 percent of its business during the bust. While he avoided layoffs, employees had to take furloughs and pay cuts to keep the family-owned firm afloat, he said.

Now business is booming again, although revenues are still down because home values are nowhere near the record levels of 2005, he said. Oppenheim also has noticed an uptick in his real estate law practice, with more construction leading to more liens and building disputes.

“People are calling me now that I haven’t talked to in six or seven years. They’re back in business,” he said. “The last eight months have been good ones for people in real estate.”

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Banks open Pandora’s box by taking on federal judge

Friday, April 12th, 2013

Pandora's box

Pandora’s box

Seventeen of the nation’s “too big to fail” banks also apparently think they are “too big to lose in court.” They have joined forces to go up against a federal judge whose rulings they simply don’t like.

In doing so, the banks may have opened a Pandora’s box that ultimately could benefit the same group of people they have been going after – homeowners facing default on their mortgage.

First the back story:

A bunch of corporate attorneys representing JP Morgan Chase, Bank of America, Wells Fargo, Goldman Sachs, Morgan Stanley and Barclays, to name a few, recently took on U.S. District Court Judge Denise Cote by filing what is known in legal jargon as a “writ of mandamus” the purpose of which is to toss out a number of rulings she has made regarding the discovery process. Someone who believes they are denied a legal right generally files such a writ.

That’s a bold step to take against a member of the judiciary who holds your case in her hands. And, even bolder because of whom filed it. But if it works for them, what’s not to say it will not work for attorneys seeking to preserve the due process of homeowners who have been whisked through the courts like cattle off to slaughter?

Known as a no-nonsense judge who emphasizes efficiency in large, complex cases, Cote is handling one of the highest-stakes cases against the banks to date. The lawsuit, which was brought against the banks by the Federal Housing Finance Agency, alleges that the banks duped it into buying $200 billion in mortgage-backed securities without revealing the sloppy underwriting job. The agency, which oversees Fannie Mae and Freddie Mac, wants the banks to repurchase the bad loans.
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What are zombie titles?

Monday, April 8th, 2013

Roy Oppenheim was quoted in the following article, which was originally posted on loans.org written by Rebekah Coleman and is being redistributed on the South Florida Law Blog with their permission.

What are zombie titles?

Zombie titles occur after a homeowner defaults, but when a lender never follows through with the foreclosure.

Although a mortgage loan servicer may notify a borrower in default that foreclosure proceedings have begun, the lender is under no obligation to continue with the process. When homeowners are given a foreclosure notice, many leave their properties because they believe they will be evicted.

During this time, however, the borrower in default is still liable for the property, even though he or she no longer lives there and is not aware of the fact that he or she still owns it.

Homeowners are legally liable for their home which means they are responsible for property maintenance costs, utilities, and taxes — all for properties they don’t realize they still legally own.

The start of zombie title issues became pronounced during the mortgage crisis. Roy Oppenheim, co-founder and partner of Oppenheim Law, said banks took shortcuts for underwriting, appraising, and securitizing.

It was a crazy time,” he said. “They were securitizing loans faster than they were originating them.”

Tanya Marchiol, CEO of Team Investments, a real estate firm, said foreclosed homeowners cannot leave their house in shambles and expect the bank to pick up the pieces.

“It is your responsibility to know what is going on with your house,” she said. “The bank can cancel the foreclosure and never tell the homeowner.”
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Zombie foreclosures continue: Zombies aren’t after us, they’re in charge of us

Friday, March 1st, 2013

This post by Roy Oppenheim was originally published in Yahoo! Homes and is being redistributed on South Florida Law Blog with their permission.

470_1661157Recently, we won a court victory against one of the nation’s biggest financial players.

Our client, who had a $2.5 million mortgage, stopped making payments after the bank forced placed insurance on the home, even though he already had insurance. Forced placed insurance is a policy that, as the name implies, is placed on a home when the homeowner’s own policy either has lapsed or the bank decided it’s not sufficient.

Just before our client was about to get a “directed” — or favorable — verdict from the judge, the bank fell on its sword and dismissed the suit, recognizing it was about to lose the case because it was unable to prove that it had the proper documentation needed to legally foreclose on the home.

But this win could be short-lived since our client can still fall victim to what is quickly becoming known as a “zombie foreclosure.” As the name suggests, these zombie foreclosures are even more of a nightmare than your basic, everyday foreclosure.

Thousands of homeowners have and continue to become victims of zombie foreclosures — liable for homes they didn’t even know they owned after lenders decided not to pursue a foreclosure after all.

As I have written about previously, banks have been walking away from foreclosures with impunity because it simply isn’t worth their time or money to pursue them. Because there are no regulations in place that say the lenders must tell the homeowner that they have changed their mind about the foreclosure, borrowers are still on the hook — not only for the mortgage on a home they may, or may not, live in, but also any property taxes, homeowner association fees, etc.
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