Posts Tagged ‘strategic default’

Foreclosure Mills, Bank Fraud and the Housing Market — 2011′s Top Headlines Pt. 2

Saturday, December 31st, 2011
Continuing our list here’s Pt. 2 of our Top 10 stories for 2011 —

As 2011 got underway we were presented with a fascinating yet disturbing report by the Florida Association of Court Clerks called “Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases”.  It brought these horrible practices into the harsh light of day.

“What we got from this is the state has had the opportunity to see where the laws have been broken,’ Palm Beach County Clerk and Comptroller Sharon Bock said at the time, “and frankly, it is in large part thanks to the work of the defense attorneys.

We cited April Charney from the Jacksonville Area Legal Aid and Peter Ticktin and many others wonderful attorneys who have taken bank officers’ depositions, challenged judges rulings and fought the good fight for the Florida homeowner.

#4 — Cracked! Humpty Dumpty, Chase and GMC, the Bank Fraud Foreclosure Crisis Continues to Fall!

Somewhere along the line, the overly ambitious bankers on Wall Street had the “great idea” of slicing and dicing the interest of the Promissory Note and literally severing it from your Mortgage. Why? Convenience,expediency, and, arguably, greed.  And much like Humpty Dumpty after his great fall, the banks couldn’t bring the mortgages and their corresponding Notes all back together again. The banks were accused of fraud and perjury trying to do just that.

# 3 —  Housing Market Poll: When Will Florida Recover?

If Americans are right, 2012 will finally be the magic year for the housing market. Over 2,000 adults were polled by Trulia and RealtyTrac , and the majority, 22 percent, said most Americans think the housing market will fully recover in the new year. 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.

However the South Florida Law Blog is more pessimistic, believing it will be at least 2016 before Florida’s housing market fully recovers, but a new study shows many Americans are far more optimistic. Although foreclosures have slowed in Florida, we believe they may kick back into high gear.

#2 – Deficiency Judgments Haunting Return, Jason Lives Once Again

 This was yet another blog where we spoke about our deficiency judgments.  While most large banks were too preoccupied with foreclosures to pursue deficiency judgments, the Sun-Sentinelreported on the fear that when banks catch up in the next several years, they will aggressively go after these judgements.If this happens, expect the main targets to be strategic defaulters, people who can afford their mortgages but defaulted because they are so underwater that it didn’t make any sense to pay. Not every strategic defaulter has to worry though. A deficiency judgment can only be entered in foreclosure cases, not short sales, unless the bank decides to file an action and litigate in court.

Miami-Dade County Judge Maxine Cohen Lando went on the record to dress down a foreclosure mill in such a fashion that it brought chills to any lawyer.  The court questioned what kind of supervision is going on at the foreclosure mills and whether the named partners were in any manner setting up the proper systems to ensure that quality work was being produced.

“You are walking in here totally unprepared, except to make a bunch of flimsy excuses,” she told the banks lawyers. We finally saw a judge take the entire foreclosure production process to task;  a judge who is no longer afraid to tell the truth and do her job.

Honorable Mention — Early Holiday Presents from the 4th DCA

This story was too recent to rank high on our list, but it was too important not to mention. Homeowners got a nice early present from the 4th District Court of Appeals this season, who thanks to some stinging decisions, realized that the banks must have the proper authority before they proceed in the foreclosure process. For years we’ve been saying that the banks have systematically been cutting corners in the foreclosure defense process by not having the requisite power to bring their cases. They’ve been denying the due process of  those in the foreclosure process by allowing banks the banks to proceed.  That process was unfair and unconstitutional, and  the courts have now come to the conclusion that we did long ago. 

So there you go. We here at Oppenheim Law have been proud to serve you, the homeowner, and look forward to continuing to fight the good fight in the upcoming year. Happy New Year and we’ll see you in 2012!

Red Carpet Winners, Short Sales and Oppenheim Law’s March Real Estate Workshop

Wednesday, March 2nd, 2011

Join Florida Foreclosure Defense and Short Sale Attorney Roy Oppenheim March 9th at 6 PM.

“Not a single financial executive has gone to jail”…that is how Producer Charles Ferguson rocked the Oscars by starting his acceptance speech for winning best feature documentary for  ”Inside Job,” a film about the 2008 financial system meltdown. How appropriate.

Meanwhile, Florida real estate is no red carpet winner when it comes to the housing market. Oppenheim Law announces its real estate webinar streaming live Wednesday March 9th at 6 pm, designed to help Florida homeowners use today’s economic conditions to their advantage and fashion their own bailouts.

In this timely workshop, Oppenheim shares fresh insights, including:

  • How the rising price of oil will affect the American job market, and in turn affect the housing market.
  • What these trends mean for Florida foreclosure defense and how homeowners can use these events to their advantage to engineer and structure a short sale.
  • The impact that a sluggish start to the national “selling season” will have on a local level.
  • Why home prices will continue to drop in the months ahead.
  • And how a double dip recession could impact homeowners in the coming months.

Florida real estate is not immune to the financial system melt down or the recent world events, according to Florida Foreclosure Defense Attorney and Legal Blogger Roy Oppenheim.

As revolutionary tremors continue to spread through the Middle East and actual tremors rocked New Zealand with a 6.3 magnitude earthquake, Oppenheim Law offers insight on how these international events could impact Florida’s real estate market as well as sharing the latest legal trends in foreclosure defense and short sales strategies.

What: Global Impact on Florida Short Sales and Foreclosures Workshop

Where: Oppenheim Law TV

Or come in person:

95 NW 11th St., Boca Raton, FL 33432

Cost: Free with advanced registration

RSVP: To register, email jackie@oplaw.net or call 954.384.6114

Week in Review: Foreclosure Headlines by Oppenheim Law

Friday, January 14th, 2011

Catch our Foreclosure Defense Workshop Replay on Oppenheimlaw.tv! If the first two weeks of 2011 are any indication, we’re in for a roller coaster year for the real estate economy.

From unleashing the Foreclosure Fraud Files to the Ibanez decision that banks had wrongly foreclosed on two homes, the foreclosure defense climate changed hourly.

Oppenheim Law is along for the ride, contributing to both local and national foreclosure headline stories. Roy Oppenheim talked to the Sun-Sentinel twice, first telling business writer Harriet Johnson Brackey he predicts more short sales, loan modifications and “meaningful mediations” will help stabilize housing prices for the first time since 2006.

Oppenheim echoed a similar sentiment to the Dow Jones MarketWatch and financial news service DebtWire: “I am expecting the banks to do fewer foreclosures and to engage in serious conversation in pre-foreclosure with borrowers.”

In an interview later in the week, Oppenheim told Real Estate Writer Paul Owers “The writing is on the wall that foreclosures aren’t going anywhere,” in the story End in Sight for the Foreclosure Epidemic?

Wondering what this means for Florida homeowners? Is 2011 the year of the short sale or the strategic default? Catch the replay of Oppenheim Law’s monthly Foreclosure Defense workshop on Oppenheim Law TV for the next ten days!

Tune in or Come by Tonight! The Future of Foreclosures Workshop

Wednesday, January 12th, 2011

By Roy Oppenheim

We’re just half way through the first month of 2011 and foreclosure fraud continues to make headline news. Tonight Oppenheim Law will be in Boca Raton hosting our monthly foreclosure defense workshop “The Future of Foreclosures”.

Roy Oppenheim Foreclosure Workshop

Will this be the year of the short sale?

How will the Feds help (or not help)?

What is the best foreclosure bailout for you?

This week I spoke to Wall Street Journal’s Market Watch, Florida’s Sun Sentinel and DebtWire, a global financial news service, about my perspective on foreclosure defense in 2011.

Tonight we will answer your questions live online or in person.

Tune in to the webcast via Oppenheim Law TV for
The Future of Foreclosures Workshop
Tonight at 6 p.m.,
or come in person to the Boca Raton studio located at
95 NW 11th St., Boca Raton, FL 33432.

Our monthly workshop is designed to walk homeowners through various foreclosure defense strategies such as short salesstrategic defaultloan modificationsdeed in lieu and deficiency judgments, taking into account today’s law and the homeowner’s legal rights.


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