South Florida Law Blog

Part 1: Burning Issues Regarding the Foreclosure Five Year Statute of Limitations and Who it Affects In part one of his two part video series Roy Oppenheim discusses the burning issue regarding the foreclosure five year statute of limitations rule and who it affects. 

If you thought they were gone, think again. The foreclosure phenomenon known as a ‘zombie foreclosure’ has proven that it is here to stay. A zombie foreclosure occurs when homeowners leave their homes when they receive a notice of foreclosure only to find out years later that the bank decided not to foreclose on the property; leaving title in the […]

  With the ‘zombie foreclosures’  still lingering,  at this point let’s call it, The American Horror Story if you will;  but, it seems some Florida courts have finally begun to apply the rules of law, civil procedure and evidence in foreclosure cases. 

As the Florida real estate and general economy are improving, with average sales prices increasing, the number of foreclosures dropping and unemployment also increasing a funny thing happened as we continue through this recovery: re-foreclosures are up. Re-foreclosures you ask?  That’s right. A re-foreclosure is when the bank for whatever reason dismissed the first foreclosure or in some cases homeowners […]

“I understand they don’t like the idea that people can end up with free houses but this undermines and defies the purpose of a statute of limitations,” said foreclosure defense attorney Roy Oppenheim, who is fighting a high-profile foreclosure deadline case in Boca Raton in which homeowners stand to win a multimillion-dollar waterfront mansion. “This is going to create a bizarre and unintended set of circumstances.”

  Traditional migration, which slowed to a crawl and actually briefly reversed itself during the Great Recession, will pick up again, with Baby Boomers moving from up North to Florida. In fact, sometime in the next few months, Florida’s population will eclipse that of New York. I recall, back in 1987 when I arrived in Florida, that possibility seemed improbable. […]

The following article was written in the Daily Business Review by Adolfo Pesquera with excerpts by Roy Oppenheim have been republished in the South Florida Law Blog. Florida still has the highest percent of residential foreclosures, but an improving economy and years of aggressive court action have made it possible to say 2014 may be the last year of the recession […]

The following editorial was originally published in The Palm Beach Post and written by Rhonda ‍Swan for The Post Editorial Board and republished with excerpts by  Roy Oppenheim, Oppenheim Law for the South Florida Law Blog. If Floridians continue to get free houses because of the state’s five-year statute of limitation on debt collection, it could be the kick in the pants lenders need to expedite the more […]