Posts Tagged ‘south florida real estate’

Second Mortgages Lead to Misery or Modification for Florida Homeowners

Wednesday, June 8th, 2011

Second Mortgages Lead to Misery or Modification for Florida HomeownersNearly 40% of homeowners who took out a second mortgage are underwater on their loans, but the news surrounding second mortgages isn’t all doom and gloom for Floridians, says Florida foreclosure defense attorney Roy Oppenheim.

Second mortgages refer to any loan taken out on a property that is subordinate to the first mortgage, and include home-equity loans or lines of credit.

According to data from CoreLogic and The New York Times, homeowners with a second mortgage are two times more likely to be underwater on their property.  CoreLogic’s data also shows that homeowners with second mortgages are facing deeper levels of negative equity in their homes – $83,000 compared with $52,000 – than borrowers without second mortgages.

The bright side is that Oppenheim Law is seeing massive principal reduction on second mortgages through loan modifications, according to Oppenheim.  It’s becoming common for the Florida foreclosure defense law firm to negotiate up to 80% in principal reductions of second mortgages, a far greater percentage than first mortgages.

A vast majority of first mortgages were cut up, bundled and sold to investors as mortgage backed securities, the process that played such an enormous role in the Florida real estate crisis. On the other hand, nearly three-quarters of second mortgages are still held by the banks that made the original loans.

The good news for Florida homeowners is that these banks are beginning to treat second mortgages similarly to consumer credit card debt, accepting minimal “pay offs” to settle up with homeowners.

Homeowners who are willing to negotiate a “short payoff” can have tremendous success reducing their second mortgage principal by 50% to 80% and then paying off the remaining balance in cash.  Banks are even starting to solicit Florida homeowners with second mortgages to make initial offers for 40% to 50% reductions, which Oppenheim Law is then able to negotiate to as much as 80%.

Ironically, the first key to success in dealing with a Florida loan modification on a second mortgage is to stop making your monthly payments.

The bottom line is that while a second mortgage is a strong indicator of negative housing equity and can complicate the process of completing a Florida loan modification or short sale, Oppenheim Law is having continued success negotiating principal reduction of second mortgages for South Florida homeowners.

For more information on second mortgages and Florida loan modifications visit oppenheimlaw.com.

Housing Market Poll: When Will Florida Recover?

Wednesday, May 25th, 2011

The South Florida Law Blog believes it will be at least 2016 before Florida’s housing market fully recovers, but a new study shows many Americans are far more optimistic.

The results are in, and it appears the majority of those surveyed believe 2012 will be the magic year for the housing market. Trulia and RealtyTrac recently polled 2,034 U.S. adults aged 18 years and older to find out when most Americans think the housing market will recover. A mere 10 percent thought a recovery would happen this year, while nearly a quarter of those surveyed predicted a bumpy road until 2015 and beyond.

Despite recent reports that foreclosures have slowed and sales in Broward and Miami-Dade are trending up, Florida is not out of the woods yet. As special guest and Florida real estate developer, Pat Sessions, pointed out during our talk show From The Trenches, the market has yet to bottom out here in Florida.

As always, the South Florida Law Blog continues to share and comment on the latest in real estate news.

The Times They Are A-Changin’: District Courts of Appeal Start Reversing Foreclosure Judgments

Tuesday, May 24th, 2011

As a tribute to Bob Dylan’s 70th birthday today, his song “The Times They Are A-Changin” captures the spirit of the social and political upheaval happening in today’s Florida courts. Despite a swollen pipeline of more than half a million pending  foreclosure cases, Florida’s appellate courts are starting to send a clear message that banks will not succeed in trampling the Constitutional rights of homeowners.

The times they are a-changin’.  And it’s about time.

Florida District Courts of Appeal are ruling in favor of homeowners when procedural due process has been violated as well as in cases where the trial court improperly granted summary judgment in favor of a bank based on lawyers’ assertions that have no evidentiary support on the record.

Recent decisions from the 1st, 3rd, 4th and 5th District Courts of Appeal can provide hope to homeowners and South Florida foreclosure defense attorneys that banks will be forced to start playing by the rules, or risk having their judgments reversed on appeal.

For example, the 5th DCA reversed a summary judgment decision in favor of a bank last month for a lack of evidence on the foreclosing bank’s standing to sue.  The Court of Appeal found that documents submitted at trial contradicted the bank’s mere allegations that it was the holder of the note, and therefore allowed to foreclose.

“Taken together, these decisions are powerful evidence that Florida’s appellate courts are increasingly receptive to foreclosure defendants’ complaints that some trial courts are not holding foreclosure plaintiffs to the requirements of Florida Civil Procedure – and perhaps that they are also paying attention to the widely reported improprieties in the mortgage lending industry,” said Dan Bushell, a South Florida appellate attorney, on his blog, Florida Appellate Review.

We have seen the pace of foreclosure proceedings drastically slow in the past months due to the court’s heightened documentation standards.  These recent decisions by the District Courts should pump the breaks even more on the banks’ steamroll approach to foreclosing South Florida homeowners.  Banks better take note.

From the trenches,
Roy Oppenheim, P.A.

Oppenheim Says: Don’t Give up on Miami, the Heat is on!

Saturday, May 7th, 2011

Orlando's got the real estate Magic, Miami's got the Heat!Orlando’s got the Florida real estate Magic and Miami has the Heat!

Reports are in that Miami and Orlando are dragging Florida out of recession, but for now only Orlando is performing above its economic weight class.

The Miami Herald reported this week that while Orlando represents just 14 percent of Florida’s 7.2 million-person workforce, it accounts for 46 percent of the Sunshine State’s 44,000 new jobs last month, eighty percent of which came from the tourism industry.

Given the city’s abundance of theme parks, brand new “Medical City” popping up with the opening of the University of Central Florida’s new medical school and strong video game industry, it’s no surprise Orlando outperformed its economic class.

Wells Fargo economist Mark Vitner told reporters Thursday during his annual review of Florida’s economic outlook that Orlando is “certainly coming out ahead of the other large metropolitan areas in this recession.’’

Here in South Florida, Miami is doing its part to reverse the economic slide the state has weathered over the last three years as well. In the last 12 months, South Florida added 1,100 jobs in the finance sector alone. “Companies are hiring,’’ said Jaap Donath, vice president of research for the Beacon Council, Miami-Dade’s economic development agency. “They’re hiring across the board.’’

While Orlando has certainly grown by leaps and bounds, it’s important to keep the numbers in perspective. The South Florida metro area’s $253 billion economy is more than twice the size of Orlando’s, according to the federal Bureau of Economic Analysis. The smaller the economy and workforce, the easier it is to show big gains. Additionally, Miami has been sheltered from the brunt of the economic freeze due to its frequent interactions with booming South American consumers.

Tourism will continue to fuel both economies, but more expensive real estate factors will hinder South Florida’s recovery compared with Central Florida. At the end of 2010, the median price for a Miami-Dade home ($191,000) was 45 percent higher than the median Orlando price ($131,000.) However, as we’ve previously reported, the sun is indeed beginning to break on the South Florida housing market. Whether you’re smooth sailing or frantically treading water, Oppenheim Law and Weston Title have the Florida homeowner’s needs covered.

From the trenches,
Roy Oppenheim


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