Posts Tagged ‘personal finance’

Congressional Inquiry Into Foreclosure Review Is Too Little, Too Late

Wednesday, February 6th, 2013

An edited version of this post by Roy Oppenheim was first published in US News and World Report’s Home Front Blog and is being redistributed on South Florida Law Blog with their permission.


Old Cllock

So now some key members of Congress want a thorough review of the Independent Foreclosure Review process?

The same process that was just scuttled in favor of another vague multi-billion dollar settlement? The same process that leaves as much doubt, if not more, about homeowner relief?

The same process many—myself included—questioned from the very beginning?

So Congress, where ya been?

It’s great to puff your chest now and call for transparency to “speed recovery in the housing markets,” but as the saying goes, ‘It’s a day late and a dollar short.’ Scratch that—it’s a few years too late and billions of dollars short.

While recovering, housing markets across the country are still reeling from the 2008 collapse, and every minute wasted on these ‘independent’ reviews is time that is not being spent fixing the larger problems at hand, including the giant mess that is Wall Street.

Many of the politicians demanding a thorough examination of the Independent Foreclosure Reviews are people I respect tremendously. That being said, we are so far beyond the 8-ball, that I wonder if the transparency they are demanding is actually attainable.

For starters, we’ve heard this kind of promise before, and it rarely seems to pan out. Second, the very same government that claims to be looking out for homeowners is still too intertwined with Wall Street’s interests.

I got an E-mail from the U.S. Chamber of Commerce hailing a decision invalidating the president’s 2012 recess appointments—including the director of the Consumer Financial Protection Bureau—as a landmark victory and an “incredible win for the employer community.”
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Dawn of the Dead (Mortgage): Zombie Foreclosures are Back!

Friday, January 18th, 2013

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

The Walking DeadGrave robbers and zombie foreclosures. They are back, not that they were ever really gone.

Like Freddy Krueger, Jason Voorhees, and Jigsaw, they just keep coming back, even though no one really wants them to. And even when the homeowner manages to escape a “haunted” home, it isn’t always the end of the story — case in point, the story of Joseph Keller, victim of the newest villain, the “Zombie Title.” Even for those with a strong stomach, stories like this will make your head spin. He was evicted from his Ohio home, or so he thought.

He received word from his lender that his home was being put up for auction, and so he left. Except the sale never happened, and now the debt collectors are coming after him for back taxes, sewer removal, and other bills because the home is still in his name.

It’s a limbo where your mortgage keeps coming at you, even from beyond the grave.

As an attorney I’ve been dealing with zombie foreclosures for a number of years. A zombie foreclosure starts out like any other case.

Many times we’ve been successful in getting the foreclosure dismissed because of illegal or egregious conduct by the banks for various reasons, such as the lender’s counsel failing to prove that they owe the note or that the transfers were done properly.

Or perhaps there was robosigning or fraud or some other technical, legal, or constitutional reason why the foreclosure was bad. And in at least 20 percent of those cases, the case gets dismissed.
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Mortgage Debt Forgiveness Survives Fiscal Cliff

Thursday, January 3rd, 2013

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

RealEstateFiscalCliff.pngIn all the fanfare about last night’s last-minute buzzer-beater agreement to avert the fiscal cliff, you may not have realized that a major component to the housing market’s revival actually survived.

Mortgage loan forgiveness is alive and well my friends.

Why this hasn’t garnered more headlines is beyond me, because this is excellent news for homeowners.

If you are trying to renegotiate your mortgage or are looking to engage in a short sale, you can breathe a bit easier.

Buried within the 150-plus pages of the American Taxpayer Relief Act of 2012, otherwise known as the fiscal cliff agreement, was the news that the Mortgage Debt Relief Act of 2007 was extended for another year.

As early as March, I wondered if loan forgiveness would join us in 2013. As the year progressed there were more and more voices joining my call to have loan forgiveness extended, including most of the country’s attorneys general, but even as the clock winded down on 2012 there was little word from Capitol Hill if they would actually heed the call.

Well lo and behold, Congress actually got the message. Had the Mortgage Debt Relief Act been allowed to expire, the benefits of a short sale would have been eviscerated, along with the chance for housing to thrive in 2013.

Here is the bottom line: The majority of homeowners who sell a primary residence via short sale this year will not have to pay any taxes on any forgiven debt. For example, if your underwater home sells for $100,000 less than what you owe on your mortgage, you can not be taxed on that amount.
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The State of Foreclosure: Same As It Ever Was, Same As It Ever Was

Thursday, November 15th, 2012
Same As It Ever Was -- Same As It Ever Was

Foreclosures in Florida – Same As It Ever Was (Courtesy: Talking Heads)

Maybe it is because foreclosures were merely a blip on the radar during the presidential election.

Maybe it is the fact that the home prices are looking healthier than they have in years.

Regardless, some people have been lulled into a false sense of security about the state of foreclosures here in South Florida. To my amazement, I will get the occasional phone call, asking if we are still doing foreclosure defense.

The short answer is, of course! While there are less homes starting the foreclosure process, there remains a backlog of foreclosure cases in Florida and in other judicial foreclosure states. Banks are still trying to illegally throw people out of their homes, and so I am still defending many of those homeowners.

Florida remains on the top of the list for states with foreclosure activity, with a filing rate more than double the national average. In Dade County, there are still 60,000 foreclosure cases on the books. In Broward there are 43,000. 1,800 new foreclosures were filed just in Broward County alone last month, which is a substantial increase.

This is partly due to the return of the zombie foreclosures. Those are the David Stern files that were dismissed by the court. Now those cases have now been transferred and they are coming out of storage.

New attorneys are taking these cases, and those homeowners will have to dig in their heels and start their fight all over again.
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