Posts Tagged ‘South Florida’

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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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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The State of Foreclosure: Same As It Ever Was, Same As It Ever Was

Thursday, November 15th, 2012
Same As It Ever Was -- Same As It Ever Was

Foreclosures in Florida – Same As It Ever Was (Courtesy: Talking Heads)

Maybe it is because foreclosures were merely a blip on the radar during the presidential election.

Maybe it is the fact that the home prices are looking healthier than they have in years.

Regardless, some people have been lulled into a false sense of security about the state of foreclosures here in South Florida. To my amazement, I will get the occasional phone call, asking if we are still doing foreclosure defense.

The short answer is, of course! While there are less homes starting the foreclosure process, there remains a backlog of foreclosure cases in Florida and in other judicial foreclosure states. Banks are still trying to illegally throw people out of their homes, and so I am still defending many of those homeowners.

Florida remains on the top of the list for states with foreclosure activity, with a filing rate more than double the national average. In Dade County, there are still 60,000 foreclosure cases on the books. In Broward there are 43,000. 1,800 new foreclosures were filed just in Broward County alone last month, which is a substantial increase.

This is partly due to the return of the zombie foreclosures. Those are the David Stern files that were dismissed by the court. Now those cases have now been transferred and they are coming out of storage.

New attorneys are taking these cases, and those homeowners will have to dig in their heels and start their fight all over again.
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