South Florida Law Blog

Is strategic default nearing its peak? Oppenheim Law doesn’t think so. Pointing to recent positive indicators in the economy and real estate market, today’s Daily Business Review poses this question to foreclosure defense attorney Roy Oppenheim in today’s Economic Outlook. Signals of stabilization in South Florida real estate include: The Florida Association of Realtors reported May data showing year-over-year increases […]

Taking after Britney Spear’s colossal “Oops…I did it again” hit song from 2000, Bank of America has accidentally foreclosed on a home for the third time in less than a year! “I honestly felt like Bank of America was trying to steal my property”, said Nancy Willmes, who had paid cash for her home from Fannie Mae, who had foreclosed […]

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 […]

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 […]