South Florida Law Blog | Tag Archives: Real EstateReal Estate Archives

2017 Foreclosure Trends in South Florida

Posted on January 12, 2017 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.

Why All Lawyers Are Not Dirtbags

Posted on February 1, 2016 Posted in Florida Law News by Roy Oppenheim

There’s a difference between #dirtbag lawyers and #dirtlawyers

In response to the 60 Minutes piece that recently aired. Roy Oppenheim has a message to U.S. lawyers helping launder money.

Why All Lawyers Are Not

Dirt Bags

It’s funny as a real estate lawyer we frequently call ourselves dirt lawyers. Thankfully rarely have I been called a “dirtbag”. Unfortunately, this 60 Minutes UNDERCOVER piece suggests that lawyers in general, are dirt bags helping corrupt dictators hide their money in plain site….. in the skylines of NYC and Miami. In this case, however, one simple down to earth straight shooting lawyer, Jeffrey Herrmann, appears to be the new poster child for the type of lawyer that we all still aspire to be.

Continue reading→

“Underwater” Homeowners Beware! The Ocean of Foreclosure Is Crawling with a New Breed of Sharks

Posted on December 10, 2015 Posted in Florida Law News by Roy Oppenheim

Photo Credit: cedmeisters, 123RF

If you thought that banks and the federal government were going to give up, think again.

Let’s say you are a distressed homeowner. Let’s say you have a hefty mortgage. Let’s also say that you are working with your bank on a loan modification. The chances are that one fine day you might receive a letter from a new owner of your mortgage and servicer. The letter will inform you that your mortgage was sold by your lender to a private equity firm and that a lawsuit is forthcoming, seeking to foreclose on your home. Right when the housing market was finally recovering, thousands of homeowners are now confronted with this new unfortunate chapter engineered by banks and by the federal government to deal with “underwater” mortgages: troubled loans are sold for a discount price at federal auctions to private equity firms, entities that are far more “creative” than banks in recovering from delinquent borrowers. Hence, the new breed of sharks. Continue reading→

You Won’t Believe What Happens After Appellate Court Grants Rehearing in Beauvais

Posted on August 20, 2015 Posted in Florida Law News 10 Comments by Roy Oppenheim

foreclosure, statute of limitations, Beauvis

(photo credit) :
View on upside-down Wonderworks building is a fun-loving museum

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 Dec. 17, 2014). It’s hard to believe what happened after appellate court grants rehearing in Beauvais and foreclosure. Continue reading→