Posts Tagged ‘real property law’

Foreclosure and The Presidential Race: Has Obama Done Enough?

Thursday, August 23rd, 2012

 

President Barack Obama delivers remarks on the economy at Shaker Heights High School,Shaker Heights, Ohio, Jan. 4, 2012. (Official White House Photo by Chuck Kennedy)

The Republican and Democratic conventions are almost upon us, and the housing crisis has finally been inserted into the presidential election.

Maybe the President and his Republican rival see homeowners as nothing more than another campaign issue to be exploited, or maybe they are finally starting to understand how central the need to tackle the foreclosure problem is to the American public.

Some days it is hard to tell. But at least the narrative is starting to move forward. It is a start, if a meager one at best.

The housing market is indestructibly woven into the economy. The whole narrative is actually very simple.

Housing has led the economy out of every recession since the Great Depression.

A refi boom inevitably takes hold as interest rates drop and folks refinance their mortgages for lower interest rates.

The extra money from the lowering of your monthly mortgage payments goes right back into the economy, whether its buying new tires, taking the family out for dinner or going to the shore for the weekend.

Those activities stimulate the economy from the ground up. That unfortunately didn’t happen this time because there wasn’t enough equity in our homes and thus the banks refused to refinance your loan.

But of course you and I have known this for a long time now, long before those in power were paying attention.

A year ago I told you underwater mortgages were the “900 lb. gorilla in the room that could derail President Obama’s re-election campaign.
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What I Tell Clients Who Receive a Foreclosure Notice

Monday, August 13th, 2012

A version of this blog was originally published on Yahoo! Homes and is being republished on South Florida Law Blog with their permission.

US ForeclosuresAs a real estate attorney, I’ve had plenty of prospective clients come to my office after being served with a foreclosure notice. It is safe to say they are usually not in a good mood; they are usually scared.

And the truth is I would be too. Foreclosure can be a scary process for even the most legally astute homeowner.

When a homeowner walks into my office for that first time, there is one question that comes up almost every time. It’s a basic yet very essential question to anyone under the threat of foreclosure…

What do I do next?

It may seem obvious, but there is one thing I would advise a homeowner to never, ever do — and that is nothing.

Sadly, that is the option I have seen too many homeowners take. Sometimes they see an unfamiliar lender’s name on the notice, and assume it’s a mistake. Or they believe that foreclosure is inevitable, and there is nothing they they can do to fight it.

The clock is ticking

Either way the reality is this: how long a homeowner waits to address a foreclosure notice has a direct correlation to the options that will be available to them.

In most states, you have 20 to 30 days to reply to a complaint; here in Florida it is 20 days.

In my experience, homeowners who don’t respond will probably end up with a clerk’s judgment and in default.
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Eminent Domain: A Foreclosure Fix From The Trenches

Tuesday, July 24th, 2012

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

Underwater HomesEminent domain, where the government can seize properties without an owner’s consent, is meant to be used for significant public benefit.

Usually when the government takes a home under eminent domain, it is expanding a road or building an airport.

Or it is using it to eradicate blight in urban areas.

But now we have a twist in which it is not the homes themselves but their mortgages that might be seized under eminent domain.

As you may have seen, a company called Mortgage Resolution Partners is suggesting that local municipalities use it to help keep people in their homes.

They are proposing that local governments use eminent domain to pry underwater mortgages away from the banks. MRP says that it would then assist these municipalities by structuring a more equitable loan, which could then be sold back to investors.

The people living in these homes would be allowed to continue to stay in their homes, under the terms of this new mortgage.

It’s a bold idea, one that’s not necessarily new, but one that’s finally getting some attention.

Officials in several counties in California are listening, including San Bernardino County, which is itself in bankruptcy.

And really, shouldn’t they be?

Whether you like this plan or not, and plenty in the real estate community do not, how can you rationally argue that preventing foreclosure isn’t the embodiment of a significant public benefit?

It is what eminent domain was made for.

Here’s the truth about the housing crisis. The solutions to fixing it are not coming from the crystal towers or Washington D.C. They are coming from the trenches, from the minds of entrepreneurs and local officials who actually have a stake in their communities and know what it’s like to go broke.
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Divided States of America: Judicial vs Non-Judicial Foreclosure

Monday, July 16th, 2012

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

United States of AmericaAccording to some analysts, whether or not your state is on its way to a housing recovery depends on whether you live in a state that requires judicial foreclosure or one that does not.

What is the difference? In states that require judicial foreclosure, a lender must go through the court system in order to foreclose on a home. A judge must issue a legal judgment against a homeowner in order for that person to be forced out of their home.

That is how it is in Florida, where I practice law, along with 20 other states. But in the rest of the country, in states like California or Georgia, courts are not required to intervene.

With non-judicial foreclosures, banks hold all the cards. If you are deemed by your lender to be in default, the banks can play the role of judge, jury, and executioner.

Your home can be put up for auction, and the court has no or little say in the matter.

It’s like what happens when your car is repossessed by the repo man.

This is why I like to call our country the Divided States of America. There are some states where the rule of law still matters, but there are many that have allowed banks to essentially make up the rules as they go along.

As a lawyer and someone whose job it is to help uphold the law, I think you can guess which side I am on.
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