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Tag: foreclosure

Strategic Defaulters Are Public Enemy #1 Again (Unless They’re on Wall Street)

Roy Oppenheim’s commentary was originally published on Yahoo! Homesand is being republished on South Florida Law Blog with their permission. Deficiency judgments are probably the last thing any homeowner under threat of foreclosure wants to think about. For the uninitiated, a deficiencyis when the proceeds from a foreclosure sale, or a short sale, don’t cover the balance of the mortgage […]

Foreclosure and The Presidential Race: Has Obama Done Enough?

Thu Aug 23, 2012 by on Foreclosure Law

  The Republican and Democratic conventions are almost upon us, and the housing crisis has finally been inserted into the presidential election. Maybe the President and his Republican rival see homeowners as nothing more than another campaign issue to be exploited, or maybe they are finally starting to understand how central the need to tackle the foreclosure problem is to […]

Robo-Motions: The New Robosigning Scandal

Thu Aug 16, 2012 by on Florida Law News

Recently, Jacquelyn Trask, one of my associate attorneys, won a motion to dismiss with the court reserving determination of our right to receive attorneys’ fees on a case that highlights a growing problem, the filing of “robo-motions.” The unusual facts of the case demonstrate how dangerous robo-motions are: potentially much more dangerous than the heights scaled by the robo-signing scandal. […]

What I Tell Clients Who Receive a Foreclosure Notice

A version of this blog was originally published on Yahoo! Homes and is being republished on South Florida Law Blog with their permission. As a real estate attorney, I’ve had plenty of prospective clients come to my office after being served with a foreclosure notice. It is safe to say they are usually not in a good mood; they are […]

Eminent Domain: A Foreclosure Fix From The Trenches

Tue Jul 24, 2012 by on Foreclosure Law

Roy Oppenheim’s commentary was originally published on Yahoo! Homes and is being redistributed on South Florida Law Blog with their permission. Eminent domain, where the government can seize properties without an owner’s consent, is meant to be used for significant public benefit. Usually when the government takes a home under eminent domain, it is expanding a road or building an […]

Divided States of America: Judicial vs Non-Judicial Foreclosure

Roy Oppenheim’s commentary was originally published on Yahoo! Homes and is being redistributed on South Florida Law Blog with their permission. According to some analysts, whether or not your state is on its way to a housing recovery depends on whether you live in a state that requires judicial foreclosure or one that does not. What is the difference? In […]

California Homeowners' Bill of Rights Passes; Common Sense Prevails

Homeowners everywhere should be looking at California and taking notice. The government there is finally taking the power away from the banks and placing it back in the hands of the homeowners. Outside of Florida, no state has been quite as devastated by the fraudclosure crisis as California has, so it comes as no surprise that they would be at […]