South Florida Law Blog

If you haven’t already heard, there is a monumental case that was heard Thursday morning in the Florida Supreme Court, and every single homeowner should be paying close attention to this case. To watch a replay of the oral arguments, please click here. The case is Roman Pino vs. Bank of New York. It involves all the customary fraud I […]

The Oppenheim Law editorial team found this ironic: A drug dealer has more constitutional rights to protection from the government in his home than your average homeowner in foreclosure. In a case being appealed to the United States Supreme Court, the Florida Supreme Court recently held that because the “home” has a long standing history of receiving additional constitutional protect […]

The Miami Herald is reporting the flood of South Florida foreclosures is receding in the first five months of 2010 as foreclosure filings have fallen sharply and efforts to ease the courts’ backlogs are kicking in. But Oppenheim Law isn’t so sure the decreases are going to last and believes the next big wave of filings will come soon. Foreclosure […]

Taking a page from Cuba Gooding, Jr. in the movie Jerry Maguire, a new rule in South Florida courts has homeowners and foreclosure defense attorneys screaming: “SHOW! ME! THE! NOTE!!!” Until now, banks have been abusing a Florida statute allowing them to file a foreclosure based on a “lost note.” The problem: the notes aren’t lost; the banks are just […]

Enough is enough. Oppenheim Law, along with a team of lawyers, recently brought a series of class action suits against various banks alleging the banks charged improper fees at closing. Specifically, these banks have been accused of the unlicensed practice of law for charging documentary preparation fees in connection with their mortgages. Interestingly, the Florida Supreme Court recently heard arguments […]

Just as 2009 ended, the Florida Supreme Court announced a uniform procedure for all newly filed foreclosure cases for homestead properties. While the procedure is not yet fully in place, it should be shortly. The Court acknowledged the system is not working. Foreclosure filings are expected to reach 456,000 cases in Florida by the end of 2010, a 50% increase […]