Posts Tagged ‘Roy Oppenheim’

ATM thieves turn tables on banking industry with $45M cybercrime

Tuesday, May 14th, 2013
Computer hand

Computer hackers, like banks, manage to get away with financial malfeasance.

It used to be that the underworld was where you would expect to find ATM thieves. But the world has changed, and with it the way that bank crimes are being committed.

Take for example news reports about a “global posse” of cyber thieves who made off with some $45 million from bank ATMs in 26 countries in what authorities are calling a first-of-its kind cybercrime heist.

Armed not with guns, but with laptops, this group of hackers managed not only to get into the computer networks of financial companies in the U.S. and India, but also to do away with the ATM cash withdrawal limits on prepaid debit cards.

The good news here is that no individuals lost money. Instead, the crooks plundered money held by banks.

Just seven people have been indicted. An eighth, considered to be the ringleader, was found dead in the Dominican Republic.

It was a sophisticated crime that essentially turned the tables on the banking industry – which over the years has found ways to manipulate the financial markets and create one of the largest economic crises in U.S. history.

The difference between what happened with the ATM heist and what some of the country’s biggest banks have, and continue to do, is that those thieves got caught and will be punished – and the ringleader is dead. But America’s banks continue to manipulate the market and get away with this financial malfeasance because, as we all know, they are considered too big to fail
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South Florida falls to third in national foreclosure rankings

Monday, May 13th, 2013

Written By Paul Owers, Sun Sentinel 5:37 a.m. EDT, May 9, 2013 and republished in The South Florida Law Blog with excerpts from Roy Oppenheim.

South Florida third in national foreclosure rankings - Sun Sentinel - Roy Oppenheim

S. Fla falls to third in national foreclosure rankings. Lenders must prove they can foreclose before filing and some say bill restricts due-process rights.

South Florida has relinquished its ranking as the nation’s top spot for foreclosures.

After posting the No. 1 foreclosure rate for two consecutive months, the metro area covering Palm Beach, Broward and Miami-Dade counties fell to third in April, according to RealtyTrac Inc.

One in every 269 homes in the tri-county region was in some stage of foreclosure last month, RealtyTrac said. Akron, Ohio, ranked first, at one in 211 homes, and Ocala was second at one in 225 homes.

The Irvine, Calif.-based listing firm monitors public records for three types of foreclosure filings: new cases, scheduled auctions and bank repossessions.

South Florida had 9,127 total filings in April, up slightly from a year earlier, but new cases declined by 35 percent, said Daren Blomquist, a spokesman for RealtyTrac.

“It appears that lenders have caught up with these delayed foreclosures,” he said. “Banks are pushing through the backlog, so we’re getting closer to seeing a resolution with these distressed homes.”

Foreclosures mounted across the country during the housing bust. But some lenders held back on filings starting in late 2010 over concerns about possible paperwork errors.

While Florida last month had the nation’s second-highest foreclosure rate, after Nevada, filings are down sharply across the Sunshine State since the 2009 peak, Blomquist said.
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Florida lawmakers push foreclosure bill through

Wednesday, May 8th, 2013

The original article was written by Paola Iuspa-Abbott, Daily Business Review, May 8, 2013 with quotes from Roy Oppenheim republished in part with minor edits in the South Florida Law Blog.

Foreclosure_Next_ExitA foreclosure bill (House Bill 87) that’s awaiting the governor’s signature passed in the Florida Legislature in the last days of the session. Opponents argued the legislation was all about fast-tracking foreclosures with minimal judicial review. The amendment calls for reducing the number of hearings and the time a homeowner has to fight a foreclosure. A homeowner would have up to 45 days to build a defense before a key hearing to determine if a case should move forward or the lender should take the house back.

“People are going to have to move very quickly,” Weston foreclosure defense attorney Roy Oppenheim said. “It is going to put more burden on people to get lawyers. This is going to help my practice but hurt the homeowner.”

The legislation is retroactive, so it would apply to hundreds of thousands of pending cases. Oppenheim wonders if Scott would accept retroactivity. The governor cited a retroactivity clause as his reason for vetoing a bill that would have dramatically changed the state’s alimony law.

The foreclosure bill authorizes the hiring of retired judges to deal with the case backlog now gripping the state’s trial court system. That worries Oppenheim, who argues the specially appointed judges won’t be accountable to the electorate so nothing could stop them from ruling based on political favoritism.

“They can do whatever they want in the speedy trial,” he said. “It is going to become a mockery of our constitutional system.”
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Lucky few Floridians get $125,000 from foreclosure settlement, most to get $300

Wednesday, April 17th, 2013

This article was originally written By Kimberly Miller for The Palm Beach Post and republished in South Florida Law Blog.

Foreclosure settlement for homeowners from banks.

“Lucky few Floridians get $$$ from foreclosure settlement”

The first wave of checks to 4.2 million borrowers, including hundreds of thousands in Florida, will go into the mail Friday, according to the Office of the Comptroller of the Currency and Board of Governors of the Federal Reserve System.

Tuesday’s announcement was the first time bank regulators released information on how the money, which is part of an agreement replacing the failed Independent Foreclosure Review, will be doled out. Everyone who was in foreclosure during 2009 or 2010 with loans serviced by 13 lenders named in the settlement is eligible for payments ranging from $300 to $125,000.

About 2.3 million borrowers will receive the minimum $300, but checks vary depending on borrower experience. For example, borrowers who had a home repossessed after successfully completing a trial loan modification could get $50,000.

The 1,135 borrowers receiving the maximum amount were mostly homeowners who went through foreclosure even though they were protected by the 2003 Service members Civil Relief Act. About 50 borrowers will get $125,000 each for losing their homes when their loan was not in default.

Critics of the program say the amounts were awarded haphazardly. In many cases, homeowners who applied through the original Independent Foreclosure Review received double the amount of money as people in the same situation who didn’t apply.

Also, up to $500 is being awarded to homeowners in a category called “modification request approved.“This is a completely nonsensical process,” said South Florida foreclosure defense attorney Roy Oppenheim. “It’s like winning the lottery.”

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