Posts Tagged ‘The Wall Street Journal’

3 Tips on Florida’s New House Rules and the American Dream

Friday, July 8th, 2011

State of the American Dream (2009-2011)

Is homeownership still part of today’s American Dream? A recent article in the Wall Street Journal shared some old school advice on buying a home in today’s economy, more along the lines of Depression Era thinkers versus Baby Boomer spenders.

1. Buy what you can afford without scrimping on other needs. If you need to save for retirement or college, save. Don’t think your Florida home is going to pay for them.

2. If you need to move in less that seven years, then rent, don’t buy. You will be hard pressed to break even on your Florida home unless you live in it for a long time.

3. Values could stay depressed for many years. The only way you can plan to build equity in your Florida home is to pay down the mortgage.

Whether buying or selling a Florida short sale or foreclosure or renting; make smart decisions in light of today’s economy. Today’s housing market is still unraveling.

Real Estate Review: Mortgage Rates Set New Low, Homeowners Get More Time, Banks Get Blame and “Reverse Foreclosure”

Saturday, June 11th, 2011

Real Estate Review: Mortgage Rates Set New Low, Homeowners Get More Time, Banks Get Blame and “Reverse Foreclosure”Mortgage Rates Set Fresh 2011 Low After Jobs Report

Fixed rate home mortgage loans dropped for the eighth straight week to a new low for 2011 amid concerns of another economic slowdown this year, according to data from Freddie Mac and a report by The Wall Street Journal.

The 30-year fixed-rate mortgage averaged 4.49%, down from 4.55% last week and 2010’s  4.72% average. Rates on 15-year fixed-rate mortgages fell from 3.74% to 3.68%.  15-year fixed-rate mortgages averaged 4.17% in 2010.

Lawyers Get More Time to Finish Foreclosures

Florida foreclosure defense is translating into more time for plantiff bank attorneys to complete a foreclosure, according to an article in the Palm Beach Post.

Due to the reality of Florida’s overloaded court system and swirling questions surrounding the validity of foreclosure paperwork, Fannie Mae is now allowing bank attorneys up to 450 days (about 15 months) for lawyers to complete a foreclosure before fines are levied.  The previous time limit was 185 days, or about six months.

The increased time needed to complete a foreclosure legally and correctly against a homeowner is due in large part to Florida foreclosure defense attorneys working to protect the rights of South Florida homeowners, according to Roy Oppenheim.

Obama Blames Wells Fargo, Bank of America, Chase for Modification Failures

The three largest U.S. mortgage lenders are getting some heat from the Obama administration for the failures of the federal foreclosure-prevention program, according to The Associated Press.

The lackluster performance of Wells Fargo, Bank of America and Chase with helping homeowners lower their mortgage payments has led the Obama administration to remove financial incentives it had given these lenders.

Only about one-third of the 1.4 million people who applied for mortgage modifications through the federal program have had their payments lowered permanently.

Angry Homeowners ‘Foreclose’ on Lenders

Owners of a house in Florida have engineered a “reverse foreclosure” against a Bank of America branch in Naples, according to The New York Times.

The homeowners paid $165,000 in cash to buy their home from the bank and never borrowed against it. But last February, the bank began foreclosure proceedings against them.  The homeowners hired a Florida foreclosure defense attorney and the case against them was dropped, however they were able to recover a judgment for $2,500 in attorney’s fees against the bank.

When the bank didn’t pay, the homeowners’ lawyer showed up at the bank with sheriff deputies and a moving truck to clean out the building.

The bank eventually settled with the homeowners for more than $5,700 to cover the fees and additional costs.

The Good, The Bad, The Ugly (Again): Miami Rebounds, Foreclosures Stall and Housing Prices Sink

Wednesday, June 1st, 2011

The Good, the bad and the ugly of South Florida real estateThe good:
All we can say is, you never know!

When the real estate market collapsed, Miami’s downtown epitomized the worst excesses of the building boom. Glittering new towers sat mostly vacant. Today Miami’s downtown real estate is booming and bustling with life and commerce thanks to foreign investors and renters.

A report by the Miami Downtown Development Authority indicates that 85 percent of new condo units are occupied. Downtown Miami’s population now numbers about 70,000 compared to 40,000 ten years ago. In spite of Miami-Dade’s 13.2% unemployment rate, downtown bars, shops and restaurants buzz with activity at the end of the workday. Sales at the swank Icon Brickell average 47 units a month.

The bad:
Clearing the backlog of foreclosures slows again as some delinquent homeowners successfully maintain that their mortgage companies can’t prove they own the loans, therefore forfeiting their right to foreclose. After last fall’s robo-signing debacle, many homeowners are waking up and realizing their banks are guilty of sloppy practices at best and forgery at worst.  Oppenheim Law continues to see banks dismiss foreclosures.

And the ugly:
Douple Dip Housing: No Ameri-cone DreamDouble Dip Housing is no Ameri-cone Dream
As South Florida housing prices hit a new low, the The New York Times and Wall Street Journal chime in unison with a cherry on top: Goodbye, American Dream. It seems renting is the new ‘black’ in real estate fashion as desperate sellers watch not-so-desperate buyers sit on the sidelines waiting for the bottom to hit; while they rent in Miami luxury.

The S&P/Case-Shiller National Index, released today, indicated prices nationwide fell 4.2% in the first quarter after declining 3.6% in the fourth quarter of 2010, in spite of increases in 2009 after the home buyer tax credit and early 2011.

Today’s news is another blow to the economy as it struggles to gain its footing. Typically, a rebound relies on consumer spending, including home buying, which then triggers large durable good orders like washers, dryers and furniture. But even as the economy reluctantly begins to correct itself, homeownership has continued to decline to levels not seen since 2002. Experts point to obvious factors such as foreclosures, unemployment and underwater mortgages, but also “a change in the American psyche,” meaning even those who can afford to buy are holding off, scarred by the impact of the collapse.

Another 5 percent drop in home prices will push the number of underwater borrowers to 28 percent, says CoreLogic Inc. 23 percent of U.S. homeowners were underwater at the end of 2010. A 10% drop will leave more than one-third of all U.S. homeowners with mortgages upside down.

”Once upon a time,” said Pete Flint, chief executive of the housing Web site Trulia to The Times, “owning a home was a symbol you had made it. Now it’s O.K. not to own.”

If the survey conducted by Trulia and RealtyTrac is any indication, the masses agree. One third of respondents expect the market to recover in 2014 or later.

Economists agree that a full recovery will take years, and require faster growth, decreased unemployment and a return of consumer confidence. Today’s Wall Street Journal points out a bright spot: home affordability is returning to pre-bubble levels in several markets, including Cleveland, Atlanta, and Las Vegas. In addition, mortgage rates fell to their lowest level of the year.

Many industry experts, including our very own From The Trenches guest Pat Sessions, believe last year’s recovery was artificial and we have yet to hit bottom in the real estate crisis. Chief Executive of Radar Logic Michael Feder agrees: “The market showed a little stability that was largely stimulated by the tax credit, but that stability was very short-lived,” Feder told The Journal. “The fact is we have never really started to recover.”

Oppenheim Law will continue to bring you the latest perspective on real estate news as it happens. Join the conversation on Facebook or Twitter for updates in real time.

Budgetary Hardball Almost Forces Court Closures: Courts’ Reliance On Foreclosure Fees Exposed

Saturday, April 9th, 2011

Courts Reliance on Foreclosure Fees ExposedThe Florida Court system, including judges, nearly faced mandatory furloughs and unpaid vacations due to an emergency shortfall in its budget. Court employees faced up to 30 days of unpaid vacation through the end of May. The reason for the short fall was the precipitous drop in foreclosure filings, which generated the fees the courts relied upon for the majority of their budget. With the huge numbers of foreclosures in years past, the estimated revenue from the foreclosure fees meant that the Florida legislature allocated less money from the general state funds to the courts. This reliance on foreclosure filings fees resulted in the courts seeming a bit too amenable to the big banks and the rushing through of foreclosures that would have benefited from more scrutiny. Knowing that the courts were not examining the documents carefully, big banks were able to forge the required paperwork on a massive scale. The forging continued until the document mill scam was uncovered.

With the major banks virtually halting all of their foreclosures due to the document mill scandals, the fees have dried up and now we can see the impact of the courts falling asleep at the switch. The tremendous irony in the matter is that the failure of the courts to properly scrutinize fraudulent foreclosures, leading to the halting of new foreclosures and the drying up of the courts’ fees, would have lead to new foreclosures. Only this time, court employees would have been processing their own foreclosures. According to the Sun-Sentinel, most of the hardship of the court furloughs would’ve been felt by low income employees who are already struggling to make ends meet.

Thankfully the state has stepped in to avoid this mess and hopefully the courts will learn not to be too reliant on foreclosure filing fees in the future. Maybe they will even make sure that foreclosures aren’t fraudulent before kicking people out of their homes and denying them their constitutional right to due process.


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