Posts Tagged ‘Palm Beach Post’

Florida’s Hardest Hit Program Not Providing Real Relief; Long-term Solutions Needed

Thursday, January 19th, 2012

Back when it debuted last April, we were somewhat skeptical that Florida’s Hardest Hit program could provide real benefits for the people it sought to help.

We called it a band-aid, and at least for some South Florida homeowners, it’s proving to be just that. The Palm Beach Post profiled several homeowners who were among the first to receive benefits from the program. Sheryl Stuart, a Jupiter homeowner whose business went under, applied for help through the mortgage relief program, and is about to see her payments end next month. Hardest Hit only entitles qualified homeowners up to six months of mortgage assistance.

Stuart told the Palm Beach Post that even though she’s found a new job, her salary won’t be able to cover her mortgage payment once she stops receiving aid from Hardest Hit. She’s frustrated that she’s about to be right back where she started when she applied for aid in the first place.

“In this economy, to think you can turn your life around in six months is totally ludicrous,” Stuart said in the article, “The working class is quickly slipping into a black hole.”

The truth is this program, however well-intentioned it might have been, is just not enough. What Hardest Hit is essentially doing is giving homeowners a nice seafood dinner, when they really need to learn how to fish.

It scratches the surface but for people like Stuart it might just delay the inevitable. Unless you’re giving homeowners a solid two years of payment relief, you’re not giving these people time to go back to school, improve their financial standing, and really turn their lives around.
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Florida Lawmakers Hurting Homeowners with New Foreclosure Defense Bill?

Sunday, September 18th, 2011

The Florida Fair Foreclosure Act is making headlines. It’s no secret that the Florida courts are clogged with homeowners and banks wrestling over foreclosed homes. Florida lawmakers seeking to relieve the burden on the court system are looking to streamline the process with a new bill. The Palm Beach Post reports Rep. Kathleen Passidomo, R-Naples, is shopping for input on her draft bill, the Florida Fair Foreclosure Act. The bill seeks to make several key changes to the laws that she hopes would clear some of the Florida foreclosure backlog.

Some key changes include:
* In exchange for giving up their right to pursue a deficiency judgment, banks could foreclose on homeowner 120% or more underwater on their home without putting the house up for auction.
* Uncontested foreclosure cases would need to have a final judgment rendered within 45 days.
* Homeowners challenging a foreclosure can only ask for monetary damages. They would not be able to sue for repossession of the home.
* Banks must detail their right to foreclose on a home if the bank note is lost.

The bill sounds good on the surface, but foreclosure defense attorney and South Florida Law Blog publisher Roy Oppenheim thinks homeowners are still drawing the short stick in this deal.

“It’s fair to the people who are able to lobby the legislature, it’s not fair to the homeowner,” said Oppenheim, senior partner with the Weston-based Oppenheim Law. “The biggest problem I have is there is a sense in this that we can trust the banks in terms of bringing these actions. The irony is that time and time again we’ve seen that we can’t trust them.”Attorney Lynn Drysdale of Jacksonville Area Legal Aid also expressed reservations about the bill, noting that borrowers who were attempting to negotiate a loan modification with their bank may still have their homes taken from them under the 45 day fast track if they are on a dual track for loan modification and foreclosure.
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The Foreclosure Fraud Files Released! Thanks to Florida Defense Attorneys

Friday, January 7th, 2011

Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases”, that’s the name of the presentation made to the Florida Association of Court Clerks and Controllers by the Attorney General’s office of the State of Florida.

The title speaks for itself. The presentation is truly fascinating and intriguing but in some ways very disappointing. It is a poor reflection of our own society.

The full Power point is available by clicking here

The full Power point is available by clicking here

The Report is summarized by Kimberly Miller of the Palm Beach Post both in the Palm Beach Post and in the Fort Lauderdale Sun Sentinel.

“What we got from this is the state has had the opportunity to see where the laws have been broken, and frankly, it is in large part thanks to the work of the defense attorneys. They’ve been bringing these defenses up in foreclosure cases for years now,” the Palm Beach County Clerk and Comptroller Sharon Bock said to the media.

Well Ms. Bock, on behalf of the foreclosure defense bar, we appreciate the recognition and the tipping of the hat.

In addition, I want to thank a few people in particular in the foreclosure defense bar who have been a prominent voice and continue to provide information to the public about this mortgage foreclosure fraud crisis.

Most notably, April Charney from the Jacksonville Area Legal Aid, has been championing this cause for probably close to two decades. Peter Ticktin has taken probably more depositions of bank officers and robo-signers than any other lawyer in the country. Matt Weidner has a wonderful blog that many people visit on a regular basis. Prince Donnahoe keeps his fellow colleagues always in the know. Dawn Rappaport has prepared a handbook for consumers on how to deal with the foreclosure crisis. Margery Golant continues to provide good media relations to the public and the press concerning this crisis. Thomas Ice and his associates at Ice Legal have taken some brilliant depositions and have gone up against the judges and in many cases have challenged, appealed and won these cases. Of course there are many other attorneys who fall into this special class and I thank all of my peers who have contributed to this cause.
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