Posts Tagged ‘Sun Sentinel’

‘Bad Neighbor Banks’ Take Hold In South Florida

Friday, May 4th, 2012

Fish-Eye Lens

  • Banks make bad neighbors.

It’s been one of my mantras for years, and it’s a statement that is again reverberating across the country thanks to The Sun-Sentinel’s 3-part series “Bad Neighbor Banks”.

Thanks to the Sentinel, 60 Minutes, and the National Fair Housing Alliance, we are seeing the hard data that back up my assertion that banks, once they foreclose and take control of a property, just leave them to rot.

The grass no longer gets cut,the garbage accumulates, and before too long you end up with widespread blight not just in urban neighborhoods, but suburbia as well.

It’s the reason why I fight so hard to keep people in their homes. You and I are just better off when you have homeowners, vested in their houses and the neighborhoods they live in, keeping up their homes.

In the Sun-Sentinel’s series there is example after example of banks not doing even the most basic of maintenance. And their argument is usually, ‘It’s not our job’.

A bank has no investment in the neighborhoods you live in, beyond their own bottom line, and the banks have all but admitted it.

“The bank itself has no economic interest or ownership stake in the properties,” a spokesman for Deutsche Bank told the Sun-Sentinel.

So I ask you again, why would you ever want a bank as a neighbor?

The numbers don’t lie. The Sun-Sentinel found 10,300 code violations in bank-owned homes in South Florida since 2007. In the cities they tracked 40 percent of bank-owned homes were cited last year.

So chances are you are living next to one of these eyesores. And I’m betting you’re not too happy about it.
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Florida’s Hardest Hit Program Not Providing Real Relief; Long-term Solutions Needed

Thursday, January 19th, 2012

Back when it debuted last April, we were somewhat skeptical that Florida’s Hardest Hit program could provide real benefits for the people it sought to help.

We called it a band-aid, and at least for some South Florida homeowners, it’s proving to be just that. The Palm Beach Post profiled several homeowners who were among the first to receive benefits from the program. Sheryl Stuart, a Jupiter homeowner whose business went under, applied for help through the mortgage relief program, and is about to see her payments end next month. Hardest Hit only entitles qualified homeowners up to six months of mortgage assistance.

Stuart told the Palm Beach Post that even though she’s found a new job, her salary won’t be able to cover her mortgage payment once she stops receiving aid from Hardest Hit. She’s frustrated that she’s about to be right back where she started when she applied for aid in the first place.

“In this economy, to think you can turn your life around in six months is totally ludicrous,” Stuart said in the article, “The working class is quickly slipping into a black hole.”

The truth is this program, however well-intentioned it might have been, is just not enough. What Hardest Hit is essentially doing is giving homeowners a nice seafood dinner, when they really need to learn how to fish.

It scratches the surface but for people like Stuart it might just delay the inevitable. Unless you’re giving homeowners a solid two years of payment relief, you’re not giving these people time to go back to school, improve their financial standing, and really turn their lives around.
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And the Winner is…South Florida Law Blog! Named Best Business and Tech Blog by Sun-Sentinel readers

Wednesday, April 20th, 2011

Winning! Best Business and Tech BlogSouth Florida voted, and Oppenheim Law’s South Florida Law Blog came out on top in the category of Best Business and Technology Blog in the 2nd Annual Sun-Sentinel Best of Blogs Awards.

Discussing topics like Florida foreclosure defense, homeowners’ rights, real estate tips and trends, and the economy, Oppenheim Law’s foreclosure defense attorneys interpret the latest news and translate what it all means to today’s homeowner.

Recent headlines include fresh topics like “Deficiency Judgments Haunting Return, Jason Lives Once Again,” “Budgetary Hardball Almost Forces Court Closures: Courts’ Reliance On Foreclosure Fees Exposed” and “Foreclosure Auctions are not eBay or Child’s Play. Novice Investors Beware!”

Over the past year, The South Florida Law Blog has broken down issues like South Florida home sales, national mortgage fraud, America’s job markets, and all the developments in foreclosure defense and short sales to help homeowners take advantage of these trends in areas the banks and the government clearly cannot.

“Homeowners need to be aware of how all of these trends can impact their greatest investment,” Oppenheim said. “We look forward to continuing to provide legal insight and practical analysis into these topics that greatly affect South Florida.”

Oppenheim Law is one of the leading Florida real estate and foreclosure defense law firms, founded in 1989. The firm has a 9.6 out of 10 rating from AVVO, the world’s largest legal directory, as well as the highest rating (A-V) conferred by Martindale Hubbell Law Directory, the most respected directory of lawyers and law firms in the U.S.

Deficiency Judgments Haunting Return, Jason Lives Once Again

Thursday, April 14th, 2011

Deficiency Judgments Haunting Return, Jason Lives Once AgainLike the never ending horror franchise, deficiency judgments are back. A Florida deficiency judgment occurs when a bank pursues the remaining balance on a mortgage either after a foreclosure or, in theory, after a Florida short sale. Most banks are currently too busy to process deficiency judgments because they are dealing with foreclosures and short sales. Due to the large costs associated with pursuing deficiency judgments, few homeowners who were foreclosed upon will be pursued. Those people whose mortgages were owned by trusts will probably not face a deficiency judgment because of the large costs. Unfortunately, if a community bank owns the mortgage the story might be a little different. Most community banks still have the loans on their books so they will pursue the deficiencies. Also, some community banks have started to buy deficiency judgments for pennies on the dollar for the express purpose of acting like a collection agency. This is good news to keep in mind because, in these situations, the banks will be eager to settle.

While we have addressed the deficiency judgment issue for years now, the Sun-Sentinel has now also reported on the danger of what will soon happen. In two or three years, when big banks catch up with their foreclosures, we will see a flood of such deficiency judgments. The main targets of the big banks will be strategic defaulters. Strategic defaulters are the folks who could 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. Short sales cannot lead to a judgment being entered against you unless the bank decides to file an action and litigate in court. An action would require the bank to pay attorneys and other fees with no guarantee of success and scrutiny of their documents, which might lead to sanction if fraud is uncovered.
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Sun-Sentinel Best of Blogs Nominations: South Florida Law Blog and @OpLaw!

Tuesday, April 5th, 2011

Sun-Sentinel Best of Blogs AwardIt’s that time of year again…let the voting begin for The Sun-Sentinel’s Best of Blogs Awards! For the second year in a row, Oppenheim Law is honored to be nominated. This year, our South Florida Law Blog received nominations in Business and Technology, Politics, and News. @OpLaw, our Twitter feed, is nominated for Best Business Twitter feed.

South Florida Law Blog features Ft. Lauderdale foreclosure defense attorney Roy Oppenheim’s blog. Topics include the latest opinions, views and perspective on real estate news, foreclosure defense, the economy, the foreclosure fraud crisis, and Oppenheim Law’s foreclosure defense workshop.

You can vote for your favorite blog by logging in via your Facebook, Twitter or Sun-Sentinel account. Voting ends Monday, April 11 at 10 a.m.

We look forward to continuing to bring you the latest and greatest in real estate, foreclosure defense and economic news and trends.

From everyone at Oppenheim Law, thank you for your continued support!

Broward County Order Gives Homeowners Short End of the Stick… Again

Wednesday, March 23rd, 2011

Broward County Order Gives Homeowners Short End of the Stick… AgainBroward County homeowners now face an additional hurdle when trying to complete a loan modification or short sale to avoid a Florida foreclosure.

In Sun-Sentinel reporter Paul Owers’ blog House Keys, Owers discusses the ramifications of Broward County now requiring 10 days’ notice to cancel residential foreclosure auctions according to an administrative order signed by Broward Chief Judge Victor Tobin.

Prior to the Administrative Order, Broward foreclosure auctions could be cancelled only hours before the sale. Now, homeowners looking to cancel a home foreclosure in Broward County are forced to file a motion and be scheduled for a hearing at least 10 business days before the foreclosure sale date.

Oppenheim Law Real Estate Attorney and Legal Bogger Roy Oppenheim was quoted in the article saying, “This will have unintended consequences. Clearly, the homeowner gets the short end of the stick here.”

Effectively, this order limits the time homeowners have to negotiate a short sale or loan modification before their home is put up for auction. Before the order, these deals could be completed up to the last minute.

This order appears to be an attempt to eliminate the backlog of foreclosure cases by limiting the number of homeowners who cancel their foreclosure auctions.

“Roy Oppenheim gets it, and I agree with him,” said Ronald Scott Kaniuk in a comment to the blog. “Courts throughout the state are trying to expedite foreclosures in the mistaken belief that completing foreclosures – even if the process is flawed, improper or ill-advised – is better than having cases continue to proceed on a normal track like any other litigation.”
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Weston Title and Oppenheim Law Complete One of the Largest Short Sales with JP Morgan Chase

Tuesday, January 18th, 2011

Weston Title and Oppenheim Law Complete One of the Largest Short Sales with JP Morgan Chase.

Today, Weston Title and Oppenheim Law completed one of the largest short sales with JP Morgan Chase. The original note was approximately $6 million, but the bank approved a payoff for almost half that amount. The bank agreed to the haircut in exchange for receiving the $3 million in proceeds.

Further, the bank waived the deficiency judgment demonstrating what Roy Oppenheim has been stating for the past several weeks, “The banks are eager to deal and get the economy back on track.”

In fact, rumor has it that the JP Morgan Chase CEO, Jamie Dimon, had to sign-off on this deal.

As Oppenheim said two weeks ago in the Sun Sentinel, “The result will be more short sales, loan modifications and ‘meaningful mediations’ that will help stabilize housing prices that have been falling steadily since 2006.

For more on Foreclosures, catch the replay of last week’s Oppenheim Law monthly Foreclosure Defense workshop on Oppenheim Law TV for the next few days!


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