Posts Tagged ‘Rocket Docket’

Roy Oppenheim from the Trenches: The State of Real Estate

Sunday, May 19th, 2013

arrow upSouth Florida real estate and foreclosure defense attorney Roy Oppenheim has been keeping his ear to the ground as the real estate market begins to heat up. In a recent article in U.S.A Today, Oppenheim was quoted as saying that lenders are pushing through foreclosures now because the values are up. Meantime, investors have been fueling the recovery, driving prices higher.

In his most recent “From the Trenches” video, Oppenheim talks about the fact that it’s become a seller’s market. When it comes to short sales, Oppenheim says it’s not unusual to see multiple offers. This is having a trickle down effect on the rest of the economy. Construction is starting to heat up, movers benefit as do realtors, mortgage brokers, real estate attorneys and title companies.

Last week, the U.S. Commerce Department reported applications for new construction rose to a five-year high. Building permits shot up 14 percent, the highest since June 2008. That indicates not only is the economy starting to simmer, but that more potential home buyers are dipping their toes into the real estate market.

However, we are not out of the woods yet, according to Roy, since so-called “rocket dockets” continue to plague those already in foreclosure.

Find out more of what Oppenheim has to say about the housing recovery by watching his video.

Florida Foreclosure legislation invites bank fraud

Saturday, March 23rd, 2013

The following Miami Herald article was written by Roy Oppenheim and is being republished in the South Florida Law Blog.

Florida proposed legislation - HB 87 and SB 1666 - which backers claim will clear the backlog of foreclosure cases in Florida instead invites bank fraud and creates more problems by putting speed ahead of justice.

The backlog is blamed on foot dragging by homeowners. In reality, banks are to blame due to federal directives to pursue loss mitigation alternatives or by voluntarily slowing down the process to explore settlement options in the interests of both parties and the market.

However long it takes to conclude a foreclosure in Florida, given the magnitude of bank fraud, forgery and abuses that the banks admitted to, we should exempt this category of civil court cases from “time to complete” requirements.

Public policy decisions should not be based on unverified, incorrect and misleading information, particularly when that data is provided by the same industry that admitted wrongdoing.

The next problem behind any push for foreclosure reform is that the market is improving. Florida home prices have rebounded, due in part to the fact that banks and homeowners are managing the backlog of foreclosures.

Short sales and negotiated resolutions which yield higher returns than faster foreclosures would disappear under the proposed legislation.

Only institutional buyers will win. When they buy in bulk, they exclude Realtors who profit from short sales and other end user transactions. Instead of supporting this legislation, Florida’s Realtors should take California’s lead and oppose attempts to speed up foreclosures.
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South Florida’s Rocket Docket Rises Again

Friday, January 4th, 2013

Rocket The last thing I want to do is scold a judge. But once again foreclosure judges down in Miami-Dade are resorting to old habits, and there is no way I can stand by idly and let the rule of law be trampled on.

Because the rocket docket has risen from the grave and returned to South Florida. Don’t believe me?

The judge seeing the cases said it for me! He was quoted in the Miami Herald, calling his court a “rocket docket” and admitting he holds about 50 trials a day.

Courts across Florida have received hundreds of thousands of dollars to add judges and staff to their undermanned courtrooms. That’s good. But the response in Miami-Dade goes right back to pushing homeowners and lenders back onto an industrial pipeline.

It’s pure lunacy. Once again homeowners’ fundamental constitutional rights are being tossed aside by the Court in favor of expediency. So in other words, we are right back where we started.

Is there still a massive backlog clogging the foreclosure courts in Florida? Yes. Will clearing those cases off the docket help our economy move onward and upward?

Absolutely. But fixing the economy has never been, and was never meant to be, the role of the court.
I can’t disagree more with Miami-Dade Judge Jennifer Bailey, who said in the Herald “We’ve been charged by the Supreme Court with this funding to move these cases.’’

Your job, with all due respect, has always been to make sure that the legal process is upheld. Pure and simple.

It is wrong for the court to allow a lender or a servicer to present a case if they don’t have standing, if they aren’t the true owner of the note. It was true during the first round of rocket dockets, and absolutely nothing has changed.
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Friday Round-Up; Budget Cuts Cripple Foreclosure Docket; Whistleblower Gets $18 mil; Stern Employees Settle

Friday, March 16th, 2012

cowboy lassoClerks of court warn budget cuts will delay filings

Just as I had predicted (and feared) now that the Florida legislature has passed a 7% budget cut to the state’s Clerk of Courts, officials from those offices are already warning of a major slowdown at courthouses across the state.

Case filings may now take weeks instead of days. Hearings may be delayed.

For people who have foreclosure cases before the court, don’t expect a return to the ‘rocket docket’ days.

Even though the state is giving the foreclosure docket a one-time $2 million allocation to hire more judges and caseworkers specifically to handle the foreclosure backlog, it will do little to fill in the gaps caused by the budget cuts.

For example in Palm Beach County, Clerk and Comptroller Sharon Bock said she is losing $2.5 million from her budget, but getting back just 200K. She added they’re expected to lose 55 jobs in that office, but will only be able to hire an additional 4 people for foreclosure cases.

So she’ll be able to hire more judges, but the Clerks Office won’t have anyone to process the titles for all these new foreclosures the state will now try to push through!!!

Palm Beach Gardens homeowner gets $18 million in foreclosure settlement

One of the little tidbits that came out of the finalizing of the settlement with the Attorneys General was that one homeowner in Palm Beach Gardens getting a little more financial relief than she ever expected.

$18 million dollars to be exact .

Now Lynn Szymoniak is no average homeowner. She’s a foreclosure fighter whose own personal investigation into the banks led to many of the industry changes that are being implemented by the settlement.
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