Tag Archives: foreclosure

2017 Foreclosure Trends in South Florida

Posted on Posted in Florida foreclosures 2 Comments by Roy Oppenheim

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 past will not be acceptable in the future.

Watch the below video to get Roy Oppenheim’s opinions on the future legal foreclosure trends in Florida, including the demise of the rocket-docket and the increased importance of making valid legal arguments and following proper procedures.

 

Court ruling lets lenders bring stalled foreclosures ‘back to life’

Posted on Posted in Florida Law News 2 Comments by Roy Oppenheim

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

refile

Lenders refile on owners still in default

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 application of the 5-year statute of limitations to prevent a second foreclosure action. It only prevents inclusion of installment payments that are more than 5-years old.

Bartram ruling will lead to hundreds or thousands of refiled cases in S. Fla.file_000

Delinquent South Florida homeowners could be getting long-delayed foreclosure notices after a court ruling cleared the way for lenders to revive cases that have stalled for years.

The Florida Supreme Court ruled last month that lenders can refile foreclosure cases against owners still in default, even if the cases started more than five years ago, beyond the statute of limitations.

Oppenheim said he’s advising clients not to call their mortgage companies to find out the status of the cases.

“Keep your head down and your mouth shut,” he said. “If [the lenders] find you, then do whatever you have to do to defend yourself.”  Continue reading→

California’s Supreme Court Punts and Kicks the Can Down the Road for Another Day

Posted on Posted in Florida Law News by Roy Oppenheim
california supreme court, roy oppenheim, real estate defense attorney

G. Paul Burnett/Associated Press

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 claim that an assignment of their loan into a trust is void if the transfer occurred after the closing date of the trust. You may recall Glaski which cited a law review article written by Roy Oppenheim and Jacquelyn Trask, “Deconstructing the Black Magic of Securitized Trusts,” cited in its opinion. In Glaski, the Court simply stated that, a borrower facing a foreclosure is able defend itself by asserting that the transfer of their loan was improper because the transfer occurred after the closing date of the trust.  Continue reading→

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