Posts Tagged ‘Real Estate’

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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Letters

Tuesday, April 9th, 2013

The following Letter originally ran in The Florida Bar News and has been republished in the South Florida Law Blog with permission.

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Foreclosure Legislation

We write as members of The Florida Bar and in some cases as members of the Real Property, Probate and Trust Law Section to express our deep concern with the section’s support of Senate Bill 1666 and House Bill 87, which propose to materially change the rules governing foreclosures in Florida.

The proposed amendments are in complete derogation to fundamental tenets of due process and property rights. The passing of this legislation would completely disregard the evidence code, allowing courts to presume liability with only a prima facie showing by the plaintiff, and without opportunity of homeowners to conduct discovery into possible abuses by the banking industry that often result in out-of-court settlements between lenders and homeowners, or a rash of voluntary dismissals by the banks.

This proposed legislation would effectively undo 250 years of American jurisprudence, returning us to a legal dark age. Furthermore, certain proposed amendments would apply retroactively, creating ex post facto provisions which violate both our state and federal constitutions.

The proposed legislation favors banks, retired judges, homeowners’ associations and title insurance companies, and disfavors homeowners and newspapers. While banks support the bills because they provide them with an expedited procedure of foreclosure, many of these procedures will effectively reduce the financial incentive for lenders to participate in short sales and negotiated settlements that are helping restabilize the Florida real estate economy.

SB 1666 proposes to dramatically increase the use of retired senior judges, an issue that has profound constitutional implications. Article V of Florida’s Constitution requires that judges who reach the age of 70 retire and cease to maintain full case loads. The Florida Constitution also requires judges who preside over cases reside in the communities in which they serve and face the will of the voting public through retention votes. The proposed legislation completely ignores these fundamental protections. Foreclosure judgments entered by these senior judges will perpetually be attacked as unconstitutional, which will create unsettled cases for potentially decades, making matters ultimately worse. Overburdening of the district courts of appeal that are already struggling to keep up is not sound policy.These bills are more interested in protecting the banking and the title insurance industries than protecting the larger interests of the Constitution, the judicial system as a whole, and the rights of homeowners. The “Finality of Foreclosure” provisions in these bills prevent homeowners from ever getting their home back even after a fraudulent foreclosure is overturned; rather, the homeowner would be entitled to economic damages only. No matter how blatant the fraud, no matter how obvious the forgery, no matter what errors are committed, once a judgment is entered, the wronged homeowner could never get that property back again.
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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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Bill to fast track foreclosures has sparked a rare internal Florida Bar fight

Friday, March 29th, 2013

Below is a condensed version of an article written by Paola Iuspa-Abbott in The Daily Business Review. which included Roy Oppenheim .

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A controversial bill that aims to fast track foreclosures has sparked a rare internal fight among members of an influential Florida Bar section.

On one side are Bar members who assist homeowners facing foreclosure. Opposing them are members of the Bar’s Real Property, Probate and Trust Law Section who not only decided to support the foreclosure bill this year but also hired a lobbyist to get the bill passed in Tallahassee.

Members of the Real Property section say the bill offers many new protections to distressed homeowners and buyers of repossessed homes.

HB 87 is moving quickly through the House. But SB 1666 still needs to clear three Senate committees before it would receive a full vote.

“Under this bill, the presumption of innocence would be destroyed,” Oppenheim said.

This is the fourth year in a row a bill seeking to expedite foreclosures is before the Legislature.

In the past, Oppenheim was among Bar members who reviewed any proposed foreclosure legislation.

“Last year, we had people on my subcommittee who agreed with me that we didn’t like a lot of the stuff in the bill, so the Bar never agreed to approve or disapprove anything,” Oppenheim said, citing a measure that passed the House but died in the Senate for lack of action.

He was part of the section’s Mortgage and Encumbers Subcommittee until last year, when it was dismantled without notice, he said. The section was restructured and the Foreclosure Reform Ad Hoc Committee was created to help shape the proposed legislation. Oppenheim claimed he was left off the ad hoc committee because of his history of opposing foreclosure bills at a time when the section was eager to see the bill pass.

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