Posts Tagged ‘Real Estate’

Oppenheim Law In The News: Walmart Mortgages Coming Soon to Aisle 10

Friday, December 7th, 2012

Roy Oppenheim was quoted in the following article, which was originally posted on Lawyers.com by author Michelle Bowman

You buy toilet paper and ammo there, so why not a home? Consumers are indicating they would trust Walmart and other non-banks with their mortgages, and some experts believe that’s not necessarily a bad thing.

While they seem mostly satisfied with the services of the big banks, “continued frustrations with current mortgage processes . . . could drive consumers to alternative home loan providers,” according to a recent survey by a consulting firm whose clients include some of the largest financial institutions in the world.

Survey Cites Mounting Frustrations

Carlisle & Gallagher Consulting Group (CG) surveyed over 600 U.S. consumers in a September 2012 online study and discovered the following:

  • 80 percent of U.S. consumers would consider a mortgage from a non-bank
  • 33 percent (1 in 3) would consider a mortgage from Walmart
  • 48 percent would consider a mortgage from PayPal

The consultants said consumers cited frustrations over several issues with their current mortgage providers, including high interest rates, high payments, and taxes and escrow. Slow execution of the process, difficulty in communication, inability to track the status of their applications and untrustworthy advice were also mentioned.

Already in the Business

In order for Walmart to get into the mortgage business, the company would have to get licensed in each state where it wants to sell the products, says Roy Oppenheim, a founding partner of Oppenheim Law in Weston, Fla., which specializes in real estate, mortgages, and defending foreclosures.

“Walmart already has a bank,” Oppenheim notes. “They cash paychecks, issue debit cards. You can do your taxes there. Walmart is already into the banking industry.”
(more…)

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.
(more…)

Residential Real Estate Market Already Headed Over Fiscal Cliff

Saturday, November 10th, 2012

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

Thelma and Louise Going Over The CliffThey say there is no rest for the weary, and that seems especially appropriate for our nation’s elected officials.

Election Day may be still be fresh in our rear-view mirror, but in case you have forgotten, the lame duck session of Congress begins Monday. And they will have little time to celebrate or lick their wounds, because the economy is under a very real threat.

The media has dubbed it the “Fiscal Cliff”. This cliff, which is a series of automatic tax increases and spending cuts set to be enacted on December 31st, could drive the economy back into a recession, according to a new Congressional Office Budget report.

Here’s the problem: for people like myself on the front lines of the real estate market, the fiscal cliff is not some imminent threat, it’s already here.

When it is all said and done, DC’s landscape is almost identical to what is was before Tuesday, and the very same problems that were ignored during the election are now staring us right back in the face.

Let’s be real, Thelma and Louise are inches away from driving over the Grand Canyon. That is where we are right now with the housing market. I am not trying to scare anyone, but for those of us on the front lines of the housing crisis, there are some troubling signs.

There have been many cautious signs of improvement in real estate over the last few months, and on paper the housing market is starting to stabilize.
(more…)

Strategic Defaulters Are Public Enemy #1 Again (Unless They’re on Wall Street)

Tuesday, October 23rd, 2012

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

Deficiency judgments are probably the last thing any homeowner under threat of foreclosure wants to think about.

For the uninitiated, a deficiencyis when the proceeds from a foreclosure sale, or a short sale, don’t cover the balance of the mortgage loan. In a recourse state, such as Florida or 39 other states, it is legal for the lender to go after the homeowner for that deficiency when a deficiency judgement is awarded.

My experience has been that if a bank actually does bother to seek a deficiency judgement, there is a good chance it can either be severely reduced or negotiated, especially if you have an attorney.

But it looks like the pendulum is starting to swing in the other direction, if you have a loan backed by Fannie Mae or Freddie Mac.

A report just released by the inspector generalfor the Federal Housing Finance Agency (FHFA), which oversees both of the government-sponsored enterprises, suggests Fannie and Freddie should be much more aggressive in recovering deficiency judgments, in order to mitigate their losses.

The FHFA stresses their report is not an “encouragement to aggressively pursue borrowers who do not have the ability to pay their mortgages.” (Of course you can’t squeeze blood from a turnip.) Instead it centers on an old and familiar target: the strategic defaulter.

Now the inspector general’s office is just doing their job. They were asked to perform an audit, and they did. But there is a just a whiff of hypocrisy that is both arrogant and outrageous.
(more…)


PHP/MySQL Components, WordPress Plugins, and Technology Opinions at TravisWeston.com

Bad Behavior has blocked 1584 access attempts in the last 7 days.