Posts Tagged ‘underwater homeowners’

From ‘Hope’ to ‘Housing’ – Oppenheim Law Looks Ahead to the 2012 Presidential Election

Tuesday, June 14th, 2011

‘Hope’ stands as a fleeting memory for most Americans as unemployment stagnates, housing prices fall and economic growth looms as a lofty promise unfulfilled. And as we get closer to the 2012 Presidential Election, it’s becoming clear that the ideological political landscape that dominated the 2008 election cycle will be eclipsed by a menacing elephant in the room: the economy.

The President is well aware of the uphill battle he faces when it comes to convincing voters and campaign financers that his economic policies and regulations have not only been what we needed the past three years, but also what we need in the next four. According to The New York Times, President Obama has already started reaching out to the skeptical financial industry on Wall Street, hoping to win back one of his most vital sources of campaign cash.

While many on Wall Street view the President’s financial rhetoric as unfair to their industry, his apparent goal is to prove that his fiscal policies have helped to bring the banks and financial markets back to health and toward sustained growth.

The argument goes that the economy would have been dramatically worse at this stage had the Obama administration not taken the action it did in the wake of the real estate and financial crisis.

But how do you prove a negative? You can’t.

Historically, recessions have been ended by a wave of homeowner refinancing that predictably follows a lowering of interest rates. The President faces a number of obstacles to accomplishing a refinancing boom, however.
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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%.
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Roy Oppenheim Sizes up Foreclosure Crisis with Asset Protection Attorney – Part 1

Wednesday, December 15th, 2010

The tides turned from mortgage crisis to foreclosure financial crisis in October 2010. Florida Attorney Roy Oppenheim made the call three days before the bank fraud story broke in the Wall Street Journal. He reflected on that day with leading Asset Protection Attorney Douglass Lodmell in a recent interview on the talk show “Mind of Money.

On September 28th at a Florida Assets Protection seminar, Oppenheim predicted: “In the next 72 hours the news you are about to hear, not about the mortgage crisis, but what will be called the foreclosure crisis will make most attorneys in this country question what they learned in law school and why they became lawyers.”

“It’s the tip of a very ugly iceberg,” Oppenheim says about the foreclosure crisis

“The crisis has moved from the debtors to the banks. It’s the repercussions of the banks not playing fair–basically cheating with sloppy and fraudulent paperwork including backdated affidavits, forgeries, and notary fraud.”

While yes, banks did this to try to cut corners, what the banks actually did was cut the corners of the Constitution. Banks were missing essential documentation and denying homeowners of their fundamental constitutional rights.

Like Humpty Dumpty, the mortgage note is broken up and cannot be put back together again,” Oppenheim points out.

Is 2012 the bottom of the market? Not yet. Most economics are saying in 2019 the homeowners will still owe more than what their homes are worth, considering the banks currently have 107 months worth of inventory in foreclosure.

Millions of people have been illegally foreclosed or are in the process of being foreclosed. The bottom line: banks did not have the right to bring these foreclosures and homeowners now have the ability to push back.
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GMAC’s Announcement to Stop Foreclosures in 23 States, Attorney Roy Oppenheim Responds

Tuesday, September 21st, 2010


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