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Category: Florida Foreclosures

COVID-19: Force Majeure Clauses in Contracts

Since the onset of the Coronavirus, business as we know it has changed. The pandemic has created all sorts of monumental disruptions in business as cancellations and delays have affected all sorts of industries: hotel, travel, events, professional sports tournaments, concerts, and real estate closings. Questions arise as to whether underlying contracts provide for a party who cannot fulfill the […]

EXCLUSIVE WEBINAR: Impact on South Florida Real Estate From Pandemic

  The Coronavirus’ Impact on South Florida Real Estate Description Zoom in at Noon with Roy Oppenheim: Overview of the Impact of the Coronavirus on South Florida Real Estate. Time Mar 17, 2020 12:00 PM in Eastern Time (US and Canada) Register Register by Tuesday Mar 17, 2020 12:00 PM for the webinar by clicking Here. You’ll receive a confirmation […]

Glass Decision: In Bizarre, Rare, And “Improvident” Ruling Florida Supreme Court Throws Stones At Foreclosure Attorney Fee Decision, Revoking Opinion

As many of you know, we at Oppenheim Law  were invited to submit a friend of the court brief in the Supreme Court case of Mary Ann Glass v. Nationstar Mortgage  in which the issue before the Court was whether a borrower in a foreclosure action is entitled to attorneys’ fees when the borrower  successfully disputed the bank’s standing to […]

No April Fools: Supreme Court Narrows Definition of Debt Collector

Another Power Play for the Multi-Billion Dollar Banking Industry. The United States Supreme Court has now rendered a unanimous decision in the case of Obduskey v. McCarthy & Holthus, LLP, finding that law firms who enforce a security interest such as a mortgage (as opposed to directly collecting a debt) are not debt collectors under the Fair Debt Collection Practices […]

STORM CLOUDS ON THE HORIZON:  REAL ESTATE MARKET CLEARLY A HARBINGER FOR UPCOMING RECESSION

While I would be the last person to want to be called “Chicken Little,” it is still important that I continue to serve as a messenger for the disparate factual analysis that indicates that the real estate market is clearly slowing and that may well be a harbinger for the entire economy.  In fact, just yesterday, the Federal Reserve announced […]

Challenges for the Furloughed Individual: A Housing Perspective

I just got off the phone with a national housing news reporter. They wanted to know the types of calls we at Oppenheim Law have been fielding from employees who have been furloughed by the unprecedented government shutdown; and the kind of advice we have been giving these individuals. Although I could only speak in generalities under the attorney-client privilege, […]

Florida Supreme Court Mandates Foreclosure Jurisprudence Be Played On A Level Playing Field Entitling Homeowners to Attorney’s Fees For Faulty Foreclosures

The Florida Supreme Court recently ruled that when a homeowner legitimately defeats the bank in a foreclosure case, regardless of the reason, the bank is required to pay the homeowner’s attorney’s fees. The Oppenheim Law team recently had the honor of filing a friend-of-the-court brief (otherwise known as an amicus curiae brief) in the case of Glass v. Nationstar, which has […]