There have been many recent important legal developments in the South Florida housing market that you should be aware of relating to foreclosures. As the rocket-dockets decrease, Judges will now be focusing on the importance of the banks producing real evidence and scrutinizing their arguments and their robo-witnesses’ testimony. This means evidence that banks and others have gotten away with in […]
The following article was written by Paul Owers Sun Sentinel and republished in the South Florida Law and Legal Blog with excerpts and opinion from real estate defense attorney Roy Oppenheim, Oppenheim Law – Weston, FL Summary: The Florida Supreme Court has declared that where a first foreclosure lawsuit is dismissed voluntarily or involuntarily by the court, such dismissal does not trigger the […]
Just last month California’s Supreme Court declined to rule on a hot and eagerly anticipated question for borrowers in foreclosure: whether a loan transferred into a trust after the trust’s closing date is void. The Court’s analysis in Yvanova v. New Century Mortgage Corporation discussed Glaski v. Bank of American N.A. which clearly stated that a borrower is able to […]
South Florida has recently been experiencing what can very well be considered a real estate renaissance; a second awakening of the real estate market after the horror that was called the foreclosure crisis. Unbelievable.
The following article was originally published in the Sun Sentinel with excerpts by Roy Oppenheim. Naughty or Nice: Three Things Homeowners didn’t ask Santa for this Year but might be getting anyway! Rising interest rates Strong US Dollar Devaluation of foreign currencies While foreclosures have waned, South Florida real estate lawyer Roy Oppenheim predicts the housing recovery will slow in […]
Written by Samantha Joseph, Daily Business Review. Kenneth Welt, senior U.S. bankruptcy trustee for the Southern District of Florida, said strong demand is gobbling up the inventory of distressed real estate sold through a pilot program designed to bypass foreclosure.
In the world of foreclosure, what is right side up can often seem upside down. Thus, in this topsy-turvy world of foreclosure, the Third District Court of Appeals is trying to grapple with the issue of statute of limitations and foreclosure. After granting rehearing in Deutsche Bank Trust Company Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA […]
1. When does the Statute of Limitations begin to run? The Statute of Limitations begins to run when the bank files a complaint to foreclose or otherwise affirmatively communicates acceleration of the balance of the loan for the home to the borrower in writing. 2. How has Florida ruled on it? One Florida court has held that when a first […]