Posts Tagged ‘real estate attorney’

Daily Business Review: Roy Oppenheim Applauds Investigation on Filing Faulty Foreclosures

Friday, August 13th, 2010

Florida Attorney General Bill McCollum has issued subpoenas to three South Florida foreclosure law firms seeking detailed financial, client and employee records.

McCollum’s economic crimes division is investigating the Law Offices of David J. Stern of Plantation, the Law Offices of Marshall C. Watson of Fort Lauderdale and Shapiro & Fishman of Boca Raton and Tampa for possible unfair and deceptive actions in handling foreclosure cases.

Florida attorneys including foreclosure defense attorney and legal blogger Roy Oppenheim questioned the timing of the investigation, suggesting it was politically motivated by McCollum, a Republican candidate for governor. In a Mason-Dixon poll taken only a week ago, McCollum trailed by 6 points – 31 percent to 37 percent.

“Why didn’t he do this two years ago?” Oppenheim asked. “He knows the allegations have been out there. He knows complaints have been made. I think the timing is a little off. I’m thrilled he’s doing this, but I would have preferred he do this one-and-a-half years ago. Many people who didn’t have attorneys didn’t have the support of his office.”

Oppenheim also wishes McCollum would extend his investigation to lenders and mortgage holders for filing faulty foreclosures.

“He’s investigating the law firms, but he should be investigating the banks,” Oppenheim said. “He should also be looking into banks trespassing onto peoples’ properties. The law firms are the scapegoats. I see them as pawns.”

Check out the entire Daily Business Review article in the Oppenheim Law Newsroom

Now We Know: Why Obama’s Loan Modification Program Failed Homeowners – Oppenheim Observes

Wednesday, August 11th, 2010

Small wonder that HAMP has turned into an embarrassing failure for the Obama administration.

Small wonder that HAMP has turned into an embarrassing failure for the Obama administration.

This past weekend, I was in our Nation’s capital. It is always interesting to see things from the inside looking out, as opposed to from the outside looking in. It is like being in a house of mirrors.

One thing is apparent: the Beltway economy is not suffering like places such as Florida, Nevada, and Detroit. As a result, our elected representatives and the administration may not truly understand the depth of the housing crisis. I think they still blame the greed of “over ambitious” homeowners and speculators as opposed to the real driving force: Wall Street, the over-sized “too big to fail” banks and themselves. The buzz, of course, was the fact that Fannie Mae may have been playing its own political three card “monty” with homeowners over the past year. Simply put: whistleblower Caroline Herron, a former Fannie Mae executive and consultant, is suggesting the administration pushed for temporary modifications knowing full well that many of the loan modifications would fail prior to becoming permanent. In fact, Congress is now pushing for hearings.

Fannie Mae executives bungled their responsibilities of the federal government’s massive foreclosure-prevention campaign, creating a bureaucratic muddle characterized by “mismanagement and gross waste of public funds,” according to the suit Herron filed. The suit alleges that the homeowner-relief effort was marred by delays, missteps and executives’ preoccupation with their institution’s short-term financial interests. “It appeared that Fannie Mae officers were focused on maximizing incentive payments available to Fannie Mae under various federal programs – even if this meant wasting taxpayer money and delaying the implementation of high-priority Treasury programs,” Herron claims in the lawsuit.
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Today’s Sun-Sentinel Florida Foreclosure Report , Roy Oppenheim Contributes to Story

Wednesday, June 16th, 2010

A Foreclosure Tsunami is overwhelming South Florida courts, writes Fort Lauderdale Sun-Sentinel reporter Harriet Johnson Brackey.

Florida real estate attorney and legal blogger Roy Oppenheim contributed to the report, which explains how a tenfold increase in foreclosure cases over the past five years is crippling the South Florida court system.

fl-foreclosure-court-060810b

According to Oppenheim Law, South Florida courts have turned to mediation, a process prior to foreclosure proceedings that gives homeowners and banks an opportunity to avoid a battle in court if an agreement on the future of the property and debt can be reached. The problem, though, is most homeowners are not aware they now have a right to mediation.

“Mediation makes all the difference in the world,” Oppenheim says. “There are so many opportunities to resolve matters in mediation, a lot of creative ways.”

Check out the entire Foreclosure Tsunami article in Oppenheim Law’s Newsroom to find out the state’s plan to eliminate half of the foreclosure backlog by the end of the year.

Roy Oppenheim on Strategic Foreclosure: Shay’s Rebellion 2.0

Thursday, May 20th, 2010

A silent rebellion has begun. This time there will be no drums or shots fired. In fact, no one will hear anything. Not even footsteps.

Homeowners have reached a tipping point of sorts: 7 million homeowners are currently underwater. They are defaulting on their mortgages. One by one they are part of Shay’s Rebellion 2.0, a rebellion being fought on the frontlines of foreclosure through strategic default.

This time however, it’s not just western Massachusetts, but a silent battalion of millions of underwater homeowners across every state that have declared a consumer rebellion. These new warriors are no longer worried about a bad credit score; instead they are concerned with their family’s economic future. They no longer trust a Congress they believe has been hijacked by a few large financial institutions. They also instinctively know their collective actions can quickly have devastating consequences to these oligarchic financial institutions.

This time, the Rebellion is a boycott caused by the banks’ own audacity, by thinking that they could take over the polity of this nation by growing too large for any President, Federal Reserve, or Congress.

Most experts suggest families are making a rational economic decision in walking away. Businesses decide to walk away from investments all the time. Oppenheim Law recognizes that families have an obligation to themselves and may feel compelled to break contracts just like any commercial real estate owner.

In fact, Time Equities, the owner of Tudor City in Manhattan, did exactly that when they walked away from billions in the largest strategic default in the history of the United States. Did we hear anyone say such conduct by these owners was immoral or unethical?
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