Posts Tagged ‘Roy Oppenheim’

Oppenheim Looks at 2011 and beyond: Foreclosure Crisis, #OccupyWallStreet and Real Estate

Tuesday, December 27th, 2011

With 2011 winding down, foreclosure attorney Roy Oppenheim made a return visit to “The Mind of Money” to share his thoughts on the year that was with host Douglas Lodmell.

Just as Oppenheim anticipated, this year we’ve seen how big this foreclosure mess really is. There were numerous investigations, and a self-imposed moratorium on foreclosures during parts of 2011, resulting in a massive backlog of cases.

It was ludicrous, as Bank of America officials first said, that they would only need 60 days to review their inventory of files.

“It took them virtually a year to figure out that they were doing were just not kosher and had to stop,” Oppenheim explained.

There were several huge financial settlements offered to the banks over their illegitimate foreclosure practices, but the majority just did not stick. Judges told them the settlements were unacceptable and did not go far enough. With various attorneys general and the IRS among the agencies getting involved, these cases are nowhere close to settled.

“The banks literally got their hand not just caught in the cookie jar, but the lid was slammed on it, and everyone got to see the hand just hanging there,” said Oppenheim.

2011 is leaving us with a still unstable market, so people are looking for tangible investments, Oppenheim continued, and with the dollar still weak, Florida real estate is not a bad deal. When you add the fact that there is an excess of distressed properties, prices are not expected to rise anytime soon. he said.

Now every year there is an X-Factor, and this year it was Occupy Wall Street. It was a movement no one really saw coming, and despite some right-wingers attempts to limit Occupy as a fringe movement, Oppenheim said, there is no question the message of Occupy has resonated with middle America.
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60 Minutes: Underwater Homes? Everyone’s getting wet!

Thursday, December 22nd, 2011

The world is upside down again: Banks are walking away while homeowners are staying to fight for their neighborhoods.

That’s what the team at Oppenheim Law realized after watching 60 Minutes’ latest piece on the foreclosure crisis. This time Scott Pelley focused on a neighborhood in Cleveland where officials has resorted to tearing down what were once perfectly good homes.

Why? Because the banks that control the homes have been acting as terrible irresponsible neighbors. The end result is too many neighborhoods are littered with abandoned properties, many of which have been stripped to the bone by thieves. As many as 25 percent of these homes are now empty, according to Pelley. These neighborhoods, of which there are far too many, have fallen into a state of disrepair, where a total tear-down is the only option.

You don’t have to be underwater to get splashed

Probably the most disturbing revelation to come out of the 60 Minutes story was the foreclosure crisis has impacted all homeowners, regardless of whether they are in danger of losing their homes or not. In fact their homes didn’t even need to be underwater to feel the pinch of the housing mess.

With countless homes now empty and transformed into eyesores, those who remain are seeing their property values sink faster than the Titanic. People are left with homes that are virtually worthless and unsellable, so even if they wanted to buy a home somewhere else, it’s unlikely they could.
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Drug Dealer or Florida Homeowner: Who Does Constitution Really Protect?

Monday, December 19th, 2011

The Oppenheim Law editorial team found this ironic: A drug dealer has more constitutional rights to protection from the government in his home than your average homeowner in foreclosure.

In a case being appealed to the United States Supreme Court, the Florida Supreme Court recently held that because the “home” has a long standing history of receiving additional constitutional protect

Interestingly enough, the U.S. government, through Freddie Mac and Fannie Mae, is the single largest investor of residential mortgages. So what this really means is that the government can steal your house through bad loan paperwork and fraudulent foreclosure practices, but the local drug dealer is safe from a sniff by Franky the Drug Sniffing Dog.ions, using a drug sniffing dog outside the front door of a drug dealer’s house constituted an illegal search and seizure under the Fourth Amendment. Yet this same court has allowed banks and investors to use the lower courts in Florida as their own private collection agency.

This is yet one more example of the absurd turn that this country has taken during the real estate crash and subsequent foreclosure crisis, putting the government into the position of protecting the sanctity of a home owned by a drug dealer violating criminal laws, while stripping the same protections from one who is just down on his financial luck, in part due to the banks themselves.

The English belief that “every man’s house is his castle” formed the basis of the Fourth Amendment, and yet now has been convoluted to only protect criminals from prosecution, while leaving homeowners in foreclosure high and dry against a system that steamrolls their constitutional rights in the interest of protecting big banks, Wall Street, and now Uncle Sam.
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#Occupy Your Homes, No Longer a Silent Protest for #OccupyWallStreet

Friday, December 9th, 2011

 

 

Home for the holidays?

Long before we knew what an ‘Occupier’ was, Florida foreclosure defense attorney Roy Oppenheim talked about what he called Shay’s Rebellion 2.0 , a silent rebellion across the country of frustrated homeowners railing against the banks.

Well that rebellion is no longer silent. In fact’s it’s a deafening roar.

This week Occupy Wall Street protesters rallied around our nation’s embattled homeowners through the off-shoot Occupy Our Homes. Protesters in 20 cities across the nation moved from the nation’s parks to to properties under threat of foreclosure, joining hands to prevent good people from being put out on the streets.

The stories coming out of these protests are frighteningly similar, residents making every effort to work with the banks, either being denied a chance for a loan modification or given the runaround to the point of utter confusion.

In one case a woman is now paying more in rent in the home she once owned. In yet another Wells Fargo acquired a loan belonging to a woman with cerebral palsy and cancer, yet refused to offer her a modification. In each case protesters stood and called out to the community for support, in some cases disrupting the foreclosure process.

“We don’t know how many homes we saved for one more month during the holiday season,”Occupy Atlanta spokesman Tim Franzen told the Associated Press, he said. “It was kind of a Christmas gift to the people.”

The message was overwhelming and undeniable. The public will no longer stand idly by and let people who have been taken advantage of be cast aside by our country’s financial institutions like a child’s old toy.
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AP @nbenac Reports: Florida Homeowners, Obama and Housing Market Sinking

Wednesday, September 21st, 2011


When AP’s White House, government and politics reporter Nancy Benac called Roy Oppenheim for his opinion; the foreclosure defense attorney talked about the thousand pound gorilla AKA the housing market.

Everyone is talking about jobs in Washington. Though getting Americans back to work should be a top concern, it’s what’s not being talked about that could hurt Obama this election season.

An article in the Huffington Post, Forbes, and syndicated via the Associate Press, highlights the reality that the housing market is still in a state of turmoil. But the bad news for Obama is five states with some of the highest home foreclosure numbers are the swing states he needs to win if he hopes to serve a second term.

Michigan, Ohio, Nevada, Arizona, and Florida account for 80 electoral votes and the home foreclosure issue is one that is constantly on the minds of voters in these states. Almost 11 million homeowners are underwater on their mortgages and these five states sit at the top of a very short list. According to CoreLogic, 45% of people in Florida are upside down. Nevada had the highest percentage at 60%. Arizona and Michigan fell in at 49% and 36% respectively.

“[It’s] the thousand-pound gorilla in the room,” says Roy Oppenheim, a Florida foreclosure defense attorney who speaks of “suburban blight” in his home state, of gutted homes, of entire neighborhoods where banks are bulldozing foreclosures.

Obama set high expectations for turning things around, Oppenheim says, and hasn’t been able to deliver, leaving people disillusioned.

“At some point, you don’t judge people by how well they speak, you judge them by their actions,” says the attorney, who backed Obama in the 2008 presidential race. “I continue, I guess, to support him, but I do it very reluctantly.”
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Oppenheim Law Reports Short Sales Up, Saves Homeowners Millions

Monday, August 29th, 2011

In an official Florida real estate news release, Oppenheim Law reports about 80 percent of its Florida foreclosure clients had deficiencies completely waived once they closed their short sale, also known as a pre-foreclosure sale, saving homeowners more than $16 million dollars in 2010/2011.

The lesson learned: by working with the banks, homeowners can craft their own real estate bailout and avoid a deficiency judgment.

“We are seeing banks focus on more efficiently clearing distressed inventory through more streamlined short sales,” said South Florida Law Blog’s Roy Oppenheim.

The increase we’ve seen in short sales is in line with numbers reported by RealtyTrac, reporting a 19 percent increase in short sales in 2011’s second quarter, while the number of bank-owned sales was stagnate. 12 percent of nationwide sales were short sales, according to the Q2 2011 U.S. Foreclosure Sales Report released by RealtyTrac.

“The short sale program is not a government bailout, it has evolved through American ingenuity,” reminds Oppenheim, “but is one of the only programs that is truly working.”

Florida banks see the short sale light

The banks would not be approving these shorts sales if it wasn’t an upside for them too, and it is. Banks have finally realized a short sale will also help their bottom line.

The average price for a home sold in short sale was $192,129 in the second quarter, 21 percent below the average price of a non-foreclosed home.

Yet a home that went through foreclosure sold for an average of $145,211, nearly 40 percent lower than a non-foreclosed home.
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Oppenheim in the News: State Mediation Program Helps Few Florida Homeowners

Wednesday, July 6th, 2011

It’s a case of: The Three Stooges and Mediation.

Roy Oppenheim and his client shared their recent story in this week’s Daily Business Review with an inside look at the trials and tribulations of a system where one asks: Who is on first?

Under a state Supreme Court order issued 18 months ago, banks have been paying third-party mediators to perform outreach and mediation in an effort to keep Floridians in their homes. But in spite of spending at least $750 per case, the lenders rarely get homeowners into mediation.

According to defense attorneys, lenders appear unprepared to mediation, only prolonging a foreclosure case. It took homeowner Juan Picasso, who went into default after his son was diagnosed with a rare cancer, 26 months to get a modification on his mortgage. Deciding to do the application for modification himself, Picasso’s application for modification was denied three times and it wasn’t until he sought foreclosure defense attorney Roy Oppenheim’s help, that the case was settled with the bank.

Picasso described a mediation session that could have been in a Three Stooges short film.
Oppenheim, a foreclosure defense attorney in Weston, produced the letters as proof and noted the bank kept losing its copies of Picasso’s financial information and the bank’s responses.

“They kept saying all kinds of different things. They force-placed insurance on the property. They said Mr. Picasso’s insurance ran out so they put a ridiculous insurance policy on the property, which quadrupled the cost of insurance. He was in default because they were not keeping track of the insurance they put on his home.”
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