Posts Tagged ‘South Florida Law Blog’

Media Coins New Area of Law: Real Estate Defense Attorney

Wednesday, May 29th, 2013

drumsThe following article was written and authored by Roy Oppenheim for The South Florida Law Blog.

The drums are starting to beat more loudly by those of us in the Florida real estate and foreclosure defense business as we patiently await the word on whether Gov. Rick Scott will sign HB 87, a bill designed to speed up the backlog of foreclosures in Florida.

Florida real estate analyst, consultant and author Jack McCabe, of McCabe Research and Consulting in Deerfield Beach, has become the latest outspoken opponent of the foreclosure legislation.

In an article that appears in the May 23 edition of the Daily Business Review McCabe urges Gov. Scott to veto HB 87 calling it “anti-consumer, pro-bank and corporate friendly.”

McCabe points out that while backers have “soft-peddled” the bill as nothing more than a way to clear through the logjam of pending foreclosures that have piled up since the housing crisis began, there are underlying dangers lurking in the specifics that – believe it or not – would actually prevent foreclosed homeowners from getting their homes back, even if the outcome of a court case is against the bank. The best a judge could do is award money damages.

It’s hard to believe that in America someone could be forced from their home and even if a bank is wrong in foreclosing, not be able to get it back!

After the legislation passed earlier this month I sent a letter to Gov. Scott urging him not to sign the bill into law noting that if he did, it could push homeowners out of their residences without the due process to which they are entitled.
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Banks fear courts’ ruling on negotiability of promissory notes

Tuesday, May 28th, 2013

househandThe following article was written and authored by Roy Oppenheim for The South Florida Law Blog.

There’s been a lot of discussion over the last year or so about the negotiability of Fannie Mae and Freddie Mac promissory notes. The banking industry has been trying to convince courts that these notes, which total about $7 trillion in commercial paper, are a negotiable instrument.

Why is this so important to the banking industry? The bottom line is that if banks can’t convince the courts that these types of notes are negotiable, then it will be a lot more difficult for them to foreclose on a home and this is what they fear.

The history of negotiability goes back even further into the history books – which trace it to the Florentines and Venetians in the 12th and 13th century.

Like the charlatan weavers who tried to persuade the emperor he was wearing beautiful new clothing in Hans Christian Andersen’s famous tale, banks have spun a wonderful story about the negotiability of these notes. But their argument has begun to wear thin and that has the banking industry very concerned. So concerned that they have started to lobby supreme courts around the country.

Our legal system has been discussing the negotiability of a note since the time the nation was formed.

Ironically, many of the terms and conditions in the standard Fannie Mae and Freddie Mac promissory note have been deemed non-negotiable in other types of instances, whether it’s car loans, consumer loans, solar panel loans, or hot water heater loans. Why should banks be any different?

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As the space race slows, the race to break up America’s biggest banks gains speed

Thursday, May 16th, 2013

<em id="__mceDel">CSA Astronaut Chris Hadfield strums his<br />guitar in the International Space Station's Cupola.<br />Credit: NASA</em>

CSA Astronaut Chris Hadfield strums his guitar in the International Space Station’s Cupola. Credit: NASA

Have you seen the YouTube video of Canadian astronaut Chris Hadfield singing David Bowie’s “Ground Control to Major Tom” from the International Space Station? The social media loving space man has become a YouTube sensation with more than 10.5 million (yep that’s million) hits and growing. And that’s only within the span of about a week.

While the space race slows down, the rest of the planet (which you can see clearly from Hadfield’s video) pretty much has lost interest in space travel, The Canadian astronaut has single-handedly created what might be considered a Renaissance for space exploration.

It’s this kind of adventurous spirit, ingenuity and creativity that have made the world a better place to live. And it’s that kind of creativity and out-of-the-box thinking that we need to bring to America’s financial sector and in particular the banking industry.

Oppenheim Law was recently interviewed by banking, legislation, regulatory policy, and litigation publisher Bloomberg BNA on many legal topics – from the “dubious constitutionality” of so-called rocket dockets, to why the planet’s biggest banks must be broken up to remain competitive.

Ironically, the sub headline that BNA gave to the section relating to the breaking up of the banking industry was “Science Fiction” and appropriately so.

I talk about how if we turned the country’s five or six largest banks into 20 or even 30 smaller ones – we would unleash a type of capitalism and creation of new products and concepts that we can’t even begin to envision.

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Foreclosure activity reaches 6-year low

Friday, May 10th, 2013

Written By Julie Schmit, USA TODAY 12:01 a.m. EDT May 9, 2013 and republished in The South Florida Law Blog with excerpts from Roy Oppenheim.

Foreclosure activity reached 6-year low - near the beginning of the nation's foreclosure crisis when the housing bubble burst.

Foreclosure activity reached 6-year low – near the beginning of the nation’s foreclosure crisis when the housing bubble burst.

Foreclosure activity in April fell to its lowest level in 74 months, but action is ramping up in some states, says a national foreclosure tracker.

In April, one of every 905 U.S. housing units received a foreclosure filing, market watcher RealtyTrac says. That was the lowest level since February 2007 — near the beginning of the nation’s foreclosure crisis — and down 23% from a year ago.

But foreclosure activity is increasing in some states where legal procedures and new laws to protect homeowners had slowed down foreclosures.

For example, in 26 states where foreclosures mostly go through the courts, scheduled foreclosure auctions in April were up 31% from a year ago to a 30-month high, RealtyTrac says. The auction is where the bank most often reclaims a foreclosed home.

The increase in scheduled auctions indicates that mortgage servicers are “serious about actually foreclosing,” says RealtyTrac Vice President Daren Blomquist.

Two states where courts approve foreclosures are Florida and New Jersey. In Florida, one of the states hardest hit by foreclosures, scheduled foreclosure auctions were up 55% in April vs. a year ago. In New Jersey, they increased 91%.

In both states, foreclosures slowed dramatically several years ago after allegations surfaced that many cases were moving through the courts without proper documentation.
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